In-house news vlog: implied terms, the GDPR and key bribery cases – February 2016

In-house news vlog: implied terms, the GDPR and key bribery cases – February 2016

As the world slowly emerges from hibernation, our February news vlog, in association with Radius Law, guides you through this month’s legal developments. Covering the key areas set to affect in-house lawyers, it ensures that even if you’ve been asleep for the winter you’ll be bang up to date before you can say “Is it Spring yet?”

For full details on all the latest news, simply watch our vlog. Below is a taster of the areas and cases covered:

Corporate & Commercial – tune in from 0:19

  • Draft guidance is now available on the meaning of the category of Person with significant control (PSC) up until now vaguely defined by SBEEA 2015 as those with significant influence or control.
  • The Supreme Court’s decision in Marks and Spencer v BNP Paribas Securities Services has provided helpful general commercial guidance concerning implied terms.
  • Littlewoods successfully argued last year that compound interest should apply to its VAT overpayment claims – the HMRC has now been granted leave to appeal to the Supreme Court.
  • A recent Belgian case has raised the issue of whether Agents are entitled to receive damages under national law on top of a capped indemnity under the Commercial Agents Directive. The Court of Justice of the EU has now ruled on this.
  • It is expected that large companies will be required to report bi-annually on their payment practices and dealings with small businesses from April 2016.

Data security – tune in from 5:43

  • There is now clarity on the long-awaited General Data Protection Regulation. The headline feature is that companies may be liable to pay penalties of up to 4% of their total worldwide turnover.
  • The Information Commissioner has found that the Alzheimer Society’s volunteers used personal email addresses to receive and share information about people who use the charity, stored unencrypted data on their home computers and failed to keep paper records locked away.

Employment – tune in from 7:04

  • Court of Appeal case Griffiths v Secretary of State for Work and Pensions has made it clear that policies that require a minimum level of attendance to avoid disciplinary action will be subject to the duty to make reasonable adjustments for some disabled employees.
  • Employment Appeal Tribunal case Pnaiser v NHS England and Coventry City Council provides a warning on the need to exercise caution with employee references. It relates to an unfavourable reference about an employee’s sickness absence connected to her disability.

Consumer – tune in from 8:08

The European Commission’s new online dispute resolution (ODR) platform for consumer disputes which was due to go live on January 9th has been delayed until February 15th.

Competition – tune in from 8:42

The Competition and Markets Authority has launched a study into the supply of legal services in England and Wales, examining competition and consumer protection issues, to see if they are working well for consumers and small businesses.

Bribery & Corruption – tune in from 9:00

  • Several key cases have hit the headlines:
    • Smith and Ouzman Ltd were ordered to pay £2.2m after being convicted of making corrupt payments to public officials for business contracts. The chairman and sales and marketing director were given jail sentences.
    • Barclays Bank has been fined over £72m by the FCA for failing to minimise the potential risk that the bank could have been used for facilitating financial crime.
    • Brand-Rex Limited: the first failure to prevent bribery case under the UK Bribery Act.
  • Transparency International UK has published new guidance for companies on managing political engagement.

LexisNexis In-house subscribers can delve further into all of these news articles.

Non-subscribers can request a free trial here.

There is also a podcast available of this newscast.

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To download a PDF version of the newscast, with further detail on the stories this month, please fill in your details below.

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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.