Hot Legal Topics — Friday

Period: Last 3 days (Tue–Thu, 21/07 – 23/07/2026)

New Legislation / EU Directives

• EU Battery Regulation: From 2027, batteries in devices such as laptops, headphones, and gaming controllers must be easily replaceable by end users [1, 2]. This is likely to give rise to new liability questions and potential claims in cases of non-compliance.
• Reform of Collective Redress in the UK: The UK government is planning a comprehensive overhaul of the opt-out collective action regime, including the removal of prohibitions on damages-based agreements before the Competition Appeal Tribunal [3, 4].
• Stricter Liability for E-Scooters: New regulations tighten the liability framework for e-scooters in road traffic, with implications for insurers and rental platforms [5].
• Intersection of Competition Law and Data Protection: The European Commission and the EDPB are working on new guidelines governing the interaction between these two areas of law, which could lay the groundwork for future large-scale regulatory litigation [6].

BGH / Landmark Judgments

• BGH on Personality Rights (Helene Fischer v. RTL): The Federal Court of Justice confirmed a violation of personality rights arising from the publication of baby photographs, but declined to award monetary compensation [7]. This sets a high threshold for financial redress in comparable mass proceedings involving data protection or privacy violations.
• US Supreme Court on Glyphosate (Bayer): In a landmark ruling (7–2), the Court held that federal pesticide law pre-empts state-law failure-to-warn claims in relation to Roundup [8]. This has significant implications for the ongoing mass litigation against the Bayer group.
• Digital Markets Act (DMA) Infringements: The European Commission has imposed fines on Google [7]. Such regulatory decisions frequently serve as the basis for subsequent civil damages claims (follow-on actions).
• Judgment Against Misleading "Test Winner" Advertising: The Berlin Regional Court prohibited a portal from using test seals where no actual comparative testing had taken place, thereby strengthening the rights of consumer protection organisations [9, 10].

Trends in Litigation Funding & Legal Tech

• Uber Tightens Conditions for Claimants: Uber has introduced new terms and conditions requiring claimants to disclose their litigation funding agreements and to waive legal professional privilege in respect of communications with funders [11].
• Capital Growth Among Litigation Funders: Nera Capital has secured a funding commitment of £75 million for investments in claims across the US, UK, and EU [11].
• Restriction of Litigation Privilege: A UK court ruled that due diligence communications with a litigation funder made prior to the funding decision do not attract litigation privilege and must therefore be disclosed to the opposing party [3, 12].
• Legal Tech for Rent Control Enforcement: The service "Mietorcas" has launched as a new player in the automated enforcement of statutory rent controls, operating on a no-win, no-fee basis [13, 14].
• Client Acceptance of AI: A recent survey indicates that consumers are willing to accept AI assistance for straightforward legal queries, but acceptance drops sharply once matters become complex or personal in nature [12].