In-house legal and regulatory update - May 2019

In-house legal and regulatory update - May 2019

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:

Brexit

In-house

Risk & Compliance

Commercial

Corporate

Information Law & TMT

Employment


Brexit
No-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

Database access, 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 Brexitcustoms, exhaustion of rights and geographical indications.


In-house
The Law Society's In-house Division Annual Conference—’Design Thinking’ survey

LexisNexis is holding a series of interactive workshops focused on Design Thinking: a creative approach to process management and showing the value of legalat this years 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.


Risk & Compliance
Risk & Compliance monthly highlightsApril 2019

This months 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 highlightsApril 2019.


Anti-bribery and corruption

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 youre 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.


Data protection

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 contractbasis for processing.


Whistleblowing

The European 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.


Commercial
Consumer protection

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.


ASA

Catherine Callaghan QC, barrister at Blackstone Chambers, examines the High Courts decision in R (on the application of CityFibre Ltd) v Advertising Standards Authority Ltd [2019] EWHC 950 (Admin), [2019] All ER (D) 107 (Apr)that the 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 fibrein 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 ads 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 Betfred.


Corporate
Standards for Investment Reporting

The Financial 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.


Information Law & TMT
Open source software

Linux, Android, Firefox, WordPressopen-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?


Data protection

Matthew Holdcroft, barrister at SerjeantsInn 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 [2019] 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).


FinTech

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.

Innovate Finance 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.


Cybersecurity

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.


Employment
Dealing with drugs and employee performance

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 employees performance, while safeguarding themselves against charges of discrimination and health and safety offences. See News Analysis: Dealing with drugs and employee performance.


Vicarious liability

Robert Weir QC, barrister at Devereux Chambers, analyses the High Court decision in Shelbourne v Cancer Research UK [2019] 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 workers field of activities matters in a test of vicarious liability (Shelbourne v Cancer Research UK).


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About the author:
Allison is a former partner of Shoosmiths, with extensive experience of legal management and practice compliance.