Commercial news update May 2018: The ePrivacy Directive, new guidance on JVs and court ruling on enhanced paternity pay and leave along with rest break entitlements for agency staff

Commercial news update May 2018: The ePrivacy Directive, new guidance on JVs and court ruling on enhanced paternity pay and leave along with rest break entitlements for agency staff

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This month we have updates across corporate & commercial, data security, employment, consumer and competition.

We focus on the commercial aspects, and look at the practical steps for you to consider.

Watch, below or listen and be fully up-to-speed in 7 minutes.

This month, we cover the following:

Corporate & Commercial—tune in from 0:12 secs
The new International Financial Reporting Standard (IFRS) 16 has been published and will be applicable from 1st January 2019. To put a correct value as a liability, companies will now need to have detailed insight into their lease agreements.

A recent case involving the lease of an aircraft engine has given a warning to business customers that sign ‘sold as seen’ terms.

The recent case of Morris-Garner v One Step provides some clarity some clarity on whether a release-fee claim can be sustained.

Data Security—tune in from 2:20 secs
The European Commission has published the text for the replacement of the ePrivacy Directive. There is good news for business and little change to consumer marketing across e-marketing and telemarketing.

Employment—tune in from 3:20 secs
The much-awaited decision in the Employment Appeal Tribunal (EAT) case of Ali v Capita has now been released overturning the previous tribunal decision.

The Court of Appeal has confirmed that employers that expect long working hours may need to make reasonable adjustments to these expectations for disabled employees.

The Employment Appeal Tribunal has determined that agency workers should be granted the same leave and rest break entitlements as permanent employees, even where the permanent employees have a lower hourly rate of pay.

Consumer-tune in from 4:33 secs
The EU has announced its planned package of reforms to deliver a new deal for consumers. There is also expected to be some consumer rights limited or deleted. We expect the proposals to be law by May 2019 but that there will be a 2-year transition period.

New guidance on delivery charges for goods ordered on-line has been issued by Committee of Advertising Practice (CAP) with its enforcement agency, the ASA granted the ability to carry out targeted enforcement for non-compliance.

Competition—tune in from 6:20 secs
The Competition and Markets Authority has now published new guidance on how to manage a joint venture.

The Düsseldorf Higher Regional Court has reached a similar view to the Coty case reported on previously, for physical shops by allowing a luxury goods manufacturer to prohibit the sales of its products by a food retailer.

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1Aquila WSA Aviation Opportunities II Ltd v Onur Air Tasimacilik AS [2018] EWHC 519 (Comm)
2Morris Garner and another (Appellants)v One Step (Support) Ltd (Respondent) [2018] UKSC20
3Kanebo v real (case no. 20 U 113/17).

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About the author:
Iain founded Radius Law in September 2013 which has been designed to meet the exacting standards that Iain had of his law firms during his time as an in-house counsel.


Iain’s in-house career spans 14 years with the 7 years from 2006 to 2013 being the General Counsel and Chief Compliance officer for the Mercedes-Benz UK Group. In this role he led a team of 18 staff.
Iain has previously been recognised in the Financial Times Innovative Lawyers report as a thought leader in legal management. He has spoken regularly and had published articles particularly on how to measure legal value.

Aside from legal management, Iain has significant expertise in regulatory work, particularly competition law and anti-bribery. Iain has led the implementation of large scale compliance programmes and also managed regulatory investigations.

Outside of the day job Iain has a passion for community projects and has been a non-executive director of a housing association and also established a debt advice centre. This social conscious approach continues in Radius Law with a bold commitment to pay 10% of profits to charity.