Commercial news update - February 2018: Small business commissioner now open, covert surveillance risk, new e-learning package to prevent bid-rigging

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This month, we cover the following.

Corporate & Commercial—tune in from 0:15 secs
The Small Business Commissioner (‘SBC’) is now open for business. It aims to empower small businesses by providing access to advice and information and by disincentivising poor payment practices.

The Government planned to introduce new regulations in late 2017 to ban assignment of receivables. This has been delayed as lenders raised concerns that the regulations didn’t clarify important matters. We are awaiting an update on this.

Data Security—tune in from 1:34 secs
The recent case of Lopez Ribalda v Spain has been a stark warning to employers to think carefully before using covert video surveillance.

We highlight some of the key points from The Article 29 working Party new guidelines for obtaining and demonstrating valid consent under the General Data Protection Regulation.

We highlight a recent case against Morrisons Supermarket which sends a worrying message that employers can be liable for their rogue employee's criminal data breaches.

Employment—tune in from 5:30 secs
In 2013 the Employment Rights Act (EAT) was amended to allow employers to have frank conversations with employees without the risk of those conversations being used in a subsequent court or tribunal. Some qualifications have been made to these provisions, namely in the recent case of Basra v BJSS.

In another case, Rawlinson v Brightside Group Ltd, the EAT found an employer acting in breach of the applied terms by trying to soften the blow of a dismissal by telling the employee they were being dismissed due to a reorganisation.

Competition—tune in from 7:22 secs
The Competition and Markets Authority (CMA) and the Crown Commercial Service launched a new e-learning package in December to identify bid-rigging.

In December the European Court of justice issued its long-awaited judgement in the Coty case which confirmed legality of online platforms ban.

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