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Welcome to this month's edition of the In-house highlights, a curated summary of news analysis and new content from across the legal landscape.
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2nd May: In this issue:
Risk & Compliance
Information Law & TMT
BrexitNo-deal Brexit guidance
The Department for
International Trade has published new guidance to cover changes to UK exporters
to over 100 countries in a no-deal Brexit scenario. See: LNB News 26/04/2019 25.
EU trade agreements
The House of
Commons Library has published a briefing paper outlining the progress of the government
in rolling over existing EU trade agreements. The paper sets out if a trade
agreement has been reached, is ongoing or will be unlikely to be transitioned
by exit day. See: LNB News 30/04/2019 21.
Brexit and IP
undue duplication of rights and the potential for unnecessary costs in the
event that the UK abandons its plan to leave the EU are all questions that
companies and regulators are currently burdened with. David Stone, partner and
global lead on IP at Allen & Overy, gives the overview of what lawyers and
clients will have to watch out for. See News Analysis: IP and Brexit—customs, exhaustion of rights and geographical indications.
In-houseThe Law Society's In-house
Division Annual Conference—’Design Thinking’ survey
holding a series of interactive workshops focused on ‘Design Thinking: a creative approach
to process management and showing the value of legal’at this year’s Law Society In-house Division Annual
Conference. To make these workshops relevant and valuable to all participants,
we would like your input as in-house lawyers to shape these sessions. Please
take our short survey, which takes less than 1 minute, to
identify the specific challenges that are most relevant to you.
ComplianceRisk & Compliance monthly
This month’s edition of Risk and Compliance
highlights includes (1) Brexit; (2) AML and counter-terrorist financing, (3)
crime prevention; (3) data protection; (4) information management &
security; (5) when things go wrong; (6) a selection of other news and updates;
and (7) all the latest new and updated content. See: Risk & Compliance
monthly highlights—April 2019.
Out of three
corporate Foreign Corrupt Practices Act enforcement actions in the first
quarter of 2019, two included agreements to retain an independent compliance
monitor. Yuliya Kuchma of Baker McKenzie explains how companies can make the
most of a monitorship experience. See News Analysis: What to expect when you’re expecting a compliance monitor.
In light of
multiple recent examples of UK Serious Fraud Office investigations yielding far
less than the agency may have hoped for, a new approach to prosecuting
individuals and corporations may be a smart investment, says Azizur Rahman of
Rahman Ravelli. See News Analysis: Considering a more
cost-effective future for the SFO.
The European Data
Protection Board (EDPB) has released for consultation a new set of draft
guidelines on the processing of personal data under Article 6(1)(b) of the
General Data Protection Regulation, Regulation (EU) 2016/679(the GDPR) in the context of the
provision of online services to data subjects. James Clark, Senior Associate at
DLA Piper UK LLP summarises some of the key points those Guidelines contain.
See News Analysis: New EDPB guidelines on
online services and ‘performance of a contract’basis for processing.
Parliament has approved a new Directive, designed to provide individuals who
expose corporate wrongdoing and guarantee a high level of protection to such
whistle-blowers across a wide range of sectors. Quinton Newcomb, director and
barrister, and Farheen Ishtiaq, solicitor, at Fulcrum Chambers discuss the
potential legal implications of the new rules. See News Analysis: Exploring the new EU
protections for whistleblowers.
The Energy Saving
Centre Ltd, trading as Energiglass, has been fined £48,000 for breaching
consumer protection legislation. This breach was repeated across the country
and involved elderly or vulnerable people. The company and the director pleaded
guilty to charges of using sales practices which were misleading. See: LNB News 01/05/2019 53.
QC, barrister at Blackstone Chambers, examines the High Court’s decision in R (on the application of CityFibre
Ltd) v Advertising Standards Authority Ltd  EWHC 950 (Admin),  All ER (D) 107
defendant advertising regulator (ASA) had not erred in law or acted
irrationally in reaching the view that the average consumer was unlikely to be
misled by the unqualified use of the word ‘fibre’in advertisements for part-fibre
broadband services targeted at consumers. See News Analysis: Court backs ASA on
part-fibre broadband advertisements (R (on the application of CityFibre Ltd) v
Advertising Standards Authority Ltd and another).
The ASA has
published a ruling on Petfre (Gibraltar) Ltd t/a Betfred in relation to a TV ad’s compliance with the UK Code of
Broadcast Advertising (BCAP Code). The complaint was not upheld by the ASA
after they found that the ad did not breach BCAP Code provisions that state
that marketing communications for gambling must not portray gambling as indispensable
or as taking priority in life or portray, condone or encourage gambling
behaviour that is socially irresponsible or could lead to financial, social or
emotional harm. See News Analysis: ASA find in favour of
CorporateStandards for Investment
Reporting Council (FRC) have launched a consultationon revisions to the Standards for
Investment Reporting (SIRs), which set requirements and provide guidance for
reporting accountants carrying out engagements in UK investment circulars. See LNB News 01/05/2019 78.
& TMTOpen source software
Firefox, WordPress—open-source software (OSS) powers much of our everyday
life. While OSS offers great benefits (including cost and time savings),
developers that use certain OSS components risk opening up their own software
to third party use. Tewfiq al-Sharaiyra and Zofia Aszendorf of Freshfields
discuss recent developments which could increase that risk. See News Analysis: A new open source licence
to beware of?
barrister at Serjeants’Inn Chambers, considers the practical impact of the
decision in R (on
the application of M by her litigation friend, the Official Solicitor) v Chief
Constable of Sussex Police  EWHC 975 (Admin), which is the first substantive
judgment in relation to information sharing under Part 3 (Law enforcement
processing) of DPA 2018. See News Analysis: Information sharing
agreement requirements under Part 3 of the Data Protection Act 2018 (R (on the
application of M by her litigation friend, the Official Solicitor) v Chief
Constable of Sussex Police).
The governor of the
Bank of England has given a speech on FinTech in which he said the fourth
industrial revolution is just beginning, with a new economy emerging that is
driven by ‘immense changes in technology, the reordering of
global economic power, and the growing pressures of climate change’. See: LNB News 29/04/2019 59.
The Department for
International Trade and HM Treasury have announced two FinTech Bridge pilot
programs, building upon UK Fintech Bridge agreements with Hong Kong and
Australia. The agreements set out areas of collaboration between the UK and the
two governments, and allow for co-operation between regulatory bodies and
connectivity between the markets and ecosystems involved. See: LNB News 29/04/2019 65.
has published 'The FinTech state of the nation' report, a comprehensive summary
of the UK's FinTech industry to help inform stakeholders for trade and
investment and demonstrate the UK's attractiveness as a FinTech destination.
See: LNB News 01/05/2019 73.
The Department for
Digital, Culture, Media & Sport, has launched a consultation on plans to
introduce new laws for internet connected devices to better protect them from
cyberattacks. David Halliday, partner at Baker McKenzie, and Eleanor Duhs,
director at Fieldfisher, both comment on the proposed plans. See: LNB News 01/05/2019 88.
EmploymentDealing with drugs and employee
In the light of
World Day for Safety and Health at Work, we explore best practice for employers
who are dealing with an employee struggling with drug misuse. Harriet Riddick,
associate at CM Murray, discusses how an employer can reduce the impact on the
workplace and the employee’s performance, while safeguarding themselves against
charges of discrimination and health and safety offences. See News Analysis: Dealing with drugs and
Robert Weir QC,
barrister at Devereux Chambers, analyses the High Court decision in Shelbourne v Cancer Research UK  EWHC 842 (QB), which arose out of an injury
occasioned to an employee by another attendee at a workplace Christmas party.
See News Analysis: How a worker’s field of activities matters in a test of vicarious liability
(Shelbourne v Cancer Research UK).
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