The transition to net zero means that companies are understandably keen to highlight such credentials, and existing and upcoming legislation in various jurisdictions, including the UK, requires certain companies to make public sustainability and environmental disclosures in annual reports and elsewhere. However, companies now face a delicate balancing act between advertising such credentials and making such disclosures, and the increased litigation risk from NGOs and other actors as well as regulatory enforcement and sanctions. The ASA’s recent decisions build upon industry-specific investigations into green claims conducted by the Competition and Markets Authority earlier this year.

Late last year the UK Information Commissioner’s Office (“ICO”) issued its first formal monetary penalty notice under the General Data Protection Regulation (“GDPR”). The ICO fined Doorstep Dispensaree GBP 275,000 for, among other things, failing to keep sensitive data securely and providing an inadequate privacy notice to data subjects. This…