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Financial crime prevention
Financial Action Task Force (FATF) has published a consolidated table of
assessment ratings. The table details the ratings that countries have achieved
in terms of effectiveness and technical compliance as per the FATF
Recommendations. See: LNB News 17/02/2021 64.
European Commission has opened the feedback period for its proposed initiative
to tackle organised crime. The proposed agenda covers the period from 2021–2025, and will address the
main criminal markets, and the corruption and financial aspects of organised
crime. It will also include a new strategic approach against trafficking human
beings. The roadmap is open for feedback until 15 March 2021. See: LNB News 17/02/2021 45.
Information Commissioner’s Office (ICO) has announced
that it has launched its data analytics toolkit and urges organisations
considering the use of data analytics on personal data to have a look. See: LNB News 17/02/2021 40.
has issued fines to two companies totalling £270,000 for making unlawful
marketing calls to numbers registered with the Telephone Preference Service
(TPS). Call Centre Ops Ltd and House Guard UK Ltd made approximately 860,000
illegal calls between them. See: LNB News 12/02/2021 73.
a trend is taking shape towards legislation which goes further than the
reporting obligations of the Modern Slavery Act 2015, in the area of business and
human rights. The EU is currently consulting on a proposed mandatory due
diligence human rights law to be enacted in 2021. These proposals are similar
to those passed in France in 2017 and narrowly defeated in a 2020 Swiss
referendum. Calls are increasing for the UK to follow suit. See News Analysis: Business and human rights legislation and the enforcement
question—a report by
Kingsley Napley LLP and Dr Rachel Chambers.
Penrose MP has published a set of proposals on updating the competition and
consumer regime in the UK. The report includes recommendations on how to adapt
to an increasingly digitalised world and how to strengthen the competition
rules when it comes to powerful sector regulators. See: LNB News 16/02/2021 39.
Supreme Court has allowed an appeal concerning the court’s jurisdiction in respect
of a claim brought against a UK domiciled parent company in tort for the
acts/omissions of a non-UK domiciled subsidiary. Written by Christopher Snell,
barrister at New Square Chambers. See News Analysis: Establishing jurisdiction
for claims in tort—when is a parent company
liable for its subsidiary? (Okpabi v Royal Dutch Shell).
Sacranie of Allen & Overy considers whether a parent company is liable if
it restructures its operations and a now disused subsidiary is prevented from
meeting its own contractual obligations after the Court of Appeal held in Kawasaki Kisen Kaisha Ltd
v James Kemball Ltd  EWCA Civ 33 that the parent neither
induced nor intended its subsidiary’s breach and reaffirmed
this economic tort’s restricted scope. See
News Analysis: Inducing a subsidiary’s breach of contract—Parental Misguidance.
EU-AstraZeneca agreement imposes a ‘best reasonable efforts’ obligation on AstraZeneca
to manufacture and deliver its coronavirus (COVID-19) vaccine doses to the EU.
Christophe Ronse and Kirian Claeye of ALTIUS discuss this obligation and
whether AstraZeneca is allowed under the agreement to prioritise supply of the
UK over the EU with its vaccines produced in the UK. See News Analysis: Is AstraZeneca obliged to
supply the EU with sufficient coronavirus (COVID-19) vaccines?
the basic contract law of offer and acceptance apply to arbitration agreements?
Second, can you imply an arbitration agreement into a contract by reason of
custom alone (absent any course of dealing)? Written by Oliver Caplin,
barrister at Twenty Essex and counsel to Black Sea Commodities. See News
Analysis: Offer and acceptance and
trade custom applied to arbitration agreements (Black Sea Commodities v Lemarc
In Penhallurick v MD5, Mr Penhallurick developed
a computer program that automated a methodology he had created during the
course of completing a master’s thesis. The program was
developed, in part, in his spare time using his personal computer. When his
employment with MD5 terminated, he claimed ownership of various copyright works
in the source code, object code, various versions of the program and a user
guide. His Honour Judge Hacon held that the program had been developed in the
course of the Mr Penhallurick’s employment with MD5, as
part of the central duties for which he was being paid. Therefore, the works
vested in MD5. Written by Joshua Marshall, senior associate at Fieldfisher LLP.
See News Analysis: Authorship and ownership of works in the course of
employment (Penhallurick v MD5).
Financial Conduct Authority (FCA) has published a guidance consultation on
cancellations and refunds. This consultation proposes to keep current
temporary guidance in force, due to the ongoing uncertainty during the
coronavirus (COVID-19) pandemic. The FCA has asked for comments by 26
February 2021. See: LNB News 12/02/2021 96.
Department for Environment, Food & Rural Affairs (Defra) has published
updated guidance for stakeholders, including on importing food and drink from
the EU to Britain and exporting animal products, live animals and plants to the
EU. See: LNB News 12/02/2021 89.
Department for Business, Energy & Industrial Strategy (BEIS) has published
updated guidance for stakeholders, including whether UKNI marking needs to be
used, when to use UKNI marking and how to use UKNI marking. See: LNB News 12/02/2021 85.
Council of the EU has adopted targeted amendments to the EU Markets in
Financial Instruments Directive 2014/65/EU (EU MiFID II) and the EU
Prospectus Regulation (EU) 2017/1129, which form part of the
Capital Markets Recovery Package of measures proposed by the European
Commission in July 2020 to address the impact of the coronavirus (COVID-19)
pandemic. See: LNB News 15/02/2021 84.
Finance says the banking and financial services industry welcomes the UK government’s review of the UK’s Listing Rules as an opportunity to consider improvements
to the UK’s primary market landscape. See: LNB News 17/02/2021 86.
London Stock Exchange (LSE) has published updated cross-reference checklists to be
used in conjunction with the production of an AIM admission document. See: LNB News 17/02/2021 61.
advocate general of the Court of Justice of the EU (ECJ), Richard de la Tour,
has given a preliminary ruling on the obligation to
publish a prospectus when securities are offered to the public or admitted to
trading under the Prospectus Directive 2003/71/EC, and civil liability
towards qualified investors in the event of a prospectus being inaccurate or
incomplete. See: LNB News 17/02/2021 96.
the responsible investment arm of Institutional Shareholder Services, has published its annual report entitled ‘Volatile Transitions – Navigating ESG in 2021’. See: LNB News 15/02/2021 89.
Governance Institute (ICSA) has released the results of a poll on the issues that
will be at the forefront of governance professionals’ thoughts in 2021. The
results found that environmental and social matters, climate change, diversity
and remote working are likely to be the biggest considerations. See: LNB News 12/02/2021 50.
Financial Reporting Council (FRC) has published a new Lab report, ‘Virtual and Augmented Reality’ in corporate reporting,
which considers how virtual and augmented reality can be used to expand the
audience and scope of corporate reporting. See: LNB News 17/02/2021 30.
Department for Digital, Culture, Media & Sport (DCMS) has published draft
rules, which set out the framework for governing the use of digital identities.
The government aims to make it quicker and easier for people to ‘verify themselves using
modern technology and create a process as trusted as using passports or bank
statements’. See: LNB News 11/02/2021 89.
Internet platforms and telecoms companies got a fillip last week as EU
governments finally agreed on a compromise text for the bloc’s ePrivacy Regulation,
overcoming years of divisions over protection of citizens’ metadata, use of tracking
cookies and data-retention measures. But now the big battle begins: talks with
the European Parliament to hammer out a consensus text. See News Analysis: Comment—Expect
sparks as EU governments, lawmakers gird for battle on ePrivacy regulation.
Treasury has launched a consultation on the implementation of
the increased minimum pension age from 55 to 57 in 2028. The consultation also
seeks views on the proposed protection regime. The deadline for responses is 11
pm on 22 April 2021. See: LNB News 11/02/2021 81.
Revenue and Customs (HMRC) has published an issue briefing to explain the approach it will take for
compliance in relation to the changes to the off-payroll working rules (IR35)
from 6 April 2021. See: LNB News 16/02/2021 59.
published updated guidance for stakeholders on social security contributions and UK National Insurance contributions. This now reflects that EU
Member States have opted in to apply the detached worker provision. Individuals
who intend to work temporarily in the UK should therefore apply for a
certificate or document from the social security organisation in the EU Member
State they are coming from. See: LNB News 12/02/2021 61.
published new guidance on the national insurance contributions
(NIC) relief available for employers who hire veterans on civilian employment
after leaving the regular armed forces. See: LNB News 11/02/2021 39.
published its bi-monthly magazine providing the latest
information on payroll-related topics for employers and agents. See: LNB News 16/02/2021 7.
and Immigration has published new guidance for stakeholders. Subjects
covered in this guidance include information on EU, EEA and Swiss citizens'
right to work in the UK. See: LNB News 12/02/2021 112.
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