Rampant digitisation, pressure on ESG, post-Covid upheaval – our video series tackles the big trends in the booming Asia-Pacific consumer sector
Consumer sector companies will not return to pre-pandemic settings – the changes to business models are here to stay. Supply chain reinvention. Online customer service. Remote working. Artificial Intelligence and machine learning. All things digitization.
How fast consumer confidence recovers is different in each jurisdiction, and many countries are now using their recovery plans to push through climate action. And so too for consumer companies building customer trust (and shareholder value) through social capital initiatives.
In this series, our Asia Pacific Consumer Sector team will explore the key issues driving trends in 2022 and share their predictions on those that will have lasting impact for consumer sector companies.
Hover over our predictions below to see speakers and episode details.
25 July 2022
Cathy Liu, Partner, Kewei, Shanghai
Cathy Liu shares some recommendations for brands doing business in China following the latest online promotion and advertising trends, beginning with tightening regulation of the booming livestreaming and KOLs (influencers) industry, underlining the importance of honest representation (including account profile, audience comments and video settings) and a crack-down on false claims in advertising. Geopolitical tensions and related social media boycotts are also playing an increasing role in the enforcement of Advertising Law with regulators investigating brands for undermining Chinese national dignity and interests.
18 July 2022
Cameron Whittfield and Peggy Chow discuss the latest cybersecurity trends for consumer-facing companies including external threats which may include working with third parties and complex supply chains through to the malicious targeting of companies with ransomware, current affairs and social engineering, the cryptocurrency marketplace and geopolitical factors. They emphasise the importance of internal stakeholders speaking the same language when it comes to the intersection of technology and legal risks – and the oversight now expected of board members. The complexity of cybersecurity breach notifications and assessment is also covered in the context of differing requirements of regulators and across jurisdictions.
6 July 2022
Fatim Jumabhoy and Shivchand Jhinku focus their predictions on four key areas, particularly as consumer companies grapple with their post-covid positions, including managing employee wellbeing, return to work issues, increasing bullying and harassment claims and the rise in employee activism. They note some surprising trends and research outcomes, including the interdependency between each of the issues to be managed.
27 June 2022
Julian Lincoln and Susannah Wilkinson explain the fundamentals of buying, selling and issuing Non-Fungible Tokens (NFTs) to reach new consumers and marketplaces - describing NFTs as the “digital bridge" between traditional physical products and the metaverse. They outline some of the important legal aspects (e.g. IP rights, consumer protection and financial services regulation) to consider in issuing NFTs, alongside the equally important platform and technology aspects.
15 June 2022
Nanda Lau and Gavin Guo outline the economic headwinds redefining business and life for consumers in China with geopolitical tensions, supply chain disruption, business transformation, digitalisation, decarbonisation and ESG issues driving recent legal and regulatory reform, particularly with regard to investment and M&A, competition law, data protection/cybersecurity, regulatory and IP protection. Investment activity in the consumer sector remains resilient, as China underlines it is open for business with a raft of measures to attract and retain foreign investment.
15 June 2022
Cellia Cognard and Stephanie set the social commerce scene before discussing regulatory considerations for building brands and driving sales including the various regulations specific to advertising products in Indonesia. They cover “negative content”, the significant role of influencers and data protection issues - noting some of the key regulatory gaps to monitor in this rapidly developing digital economy.
15 June 2022
Emma Iles and Rebekah Gay discuss the increasing focus on environmental claims in the promotion of consumer goods and the rise in activities by regulators aimed at preventing consumers form being misled. Against this background, Emma and Rebekah share their insights on the emerging risks for businesses.
1 June 2022
Adelaide Luke and Patrick Gay discuss common anti-trust pitfalls that arise in distribution systems, including Retail Price Maintenance and exclusivity. They compare and contrast the rules of Australia with some key Asian jurisdictions, highlighting differences that companies need to understand when designing a regional distribution network. They close with a reminder to consider territorial and customer restraints as an anti-trust risk.
1 June 2022
Dana Kim and Aoife Xuereb tease out the issues in a hypothetical manufacturing scenario with an international supply chain and both online and in-store sales. They discuss how companies and the courts are grappling with the unique product liability risks arising from increasingly fragmented and complex supply chains as well as the online sale of goods across jurisdictions.
2 May 2022
James Allsop and Kathryn Sanger discuss the key issues arising out of their recent experience of contentious termination and expiry of distribution agreements, including utilising escalation steps in dispute resolution clauses, self-help remedies, interim-measures and brand protection.
6 April 2022
Peggy Chow and Kaman Tsoi discuss the latest regulatory trends and future directions including the use of third party tracing cookies, the overlap between privacy and competition, proposed new laws on targeted advertising and cookies in the EU, the US, Japan and Australia, facial recognition and less privacy intrusive alternatives such as contextual advertising and Google's new Topics API technology.
1 April 2022
Emma Iles and Peng Lei discuss recent intellectual property developments in Australia and China with an impact on the consumer sector including the availability of interlocutory injunctions, product distinction through competitor comparison, punitive damages and trends in the development of green consumer technologies. Emma and Peng share their insights, with a focus on the consequences for product differentiation.
14 March 2022
Kam Jamshidi and Malika Chandrasegaran discuss the rise in ESG consciousness and integration into the M&A process to manage risks whilst also driving consumer demand, with the energy transition providing valuable insights for consumer sector companies. Kam and Malika see four phases of ESG driven M&A including portfolio review, consolidation of ESG challenged businesses, private capital focussing more on ESG conscious investing and buyers of last resort.
9 March 2022
Mark Smyth and Jojo Fan discuss the rapidly increasing developments in climate change and ESG litigation globally including greenwashing, inadequate disclosure and challenges for manufacturing and governments. They share their insights on what the future of climate litigation may hold for the consumer sector.
Listen to episodes
2021 Predictions Series