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have asked the European Commission to modify its draft decisions on the
adequacy of UK data protection and whether personal data can be safely
transferred to the UK. This follows concerns raised by the European Data
Protection Board, which (among other things) considered that the UK’s bulk access practices,
onward transfers and its international agreements require more clarification.
The resolution states that if the implementing adequacy decisions are not
amended from their current form, national data protection authorities should
suspend transfers of personal data to the UK if they deem there is a
possibility of indiscriminate access. See: LNB News 21/05/2021 69.
Information Commissioner’s Office (ICO) has ordered
American Express Services Ltd (Amex) to pay a £90,000 fine after sending over
four million unsolicited marketing emails between 1 June 2018 and 21 May 2019.
See: LNB News 20/05/2021 34.
has published a case study on the application of the Children’s Code harms framework in
the gaming sector. The company Square Enix has shared its experience by
dividing it into two steps: mapping children’s data journeys and
reflecting on risks and children’s rights. See: LNB News 25/05/2021 93.
European Data Protection Supervisor, Wojciech Wieriórowski, has hailed the
General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) as ‘a sensational achievement
for Europe and its citizens’. However, he has
highlighted a number of shortcomings, emphasising the need to increase
enforcement actions, calling on authorities to join forces and utilise
mechanisms to aid co-operation, and insisting that new proposals for digital
markets should not diminish the role played by the EU GDPR in the EU legal
system. See: LNB News 25/05/2021 90.
Financial Action Task Force has published a collection of national risk
assessments which are intended to ‘increase global
understanding’ of the risks posed by money laundering and
terrorist financing. Publication of the risk assessments is voluntary and is
intended to help countries to assess where their own vulnerabilities lie. See: LNB News 26/05/2021 56.
NatWest Bank's UK court case on criminal money laundering charges has been
delayed for a second time, the Financial Conduct Authority (FCA) told MLex on
25 May 2021. See News Analysis: NatWest's UK money
laundering trial delayed again, FCA says.
CyberUK conference was held on 11 May 2021, where the Secretary of State, Priti
Patel, emphasised the scale of cybersecurity threats which UK businesses and
persons are subjected to daily, and announced the government’s legislative plans to
address them. David Mcllwaine, partner, Mastane Williamson, associate and
Alexandra Bertz, trainee solicitor from Pinsent Masons, highlight the
implications of cybercrime and how they need to be dealt with. See News
Analysis: Handling the threat of
National Crime Agency (NCA) has published the 2021 National Strategic
Assessment of Serious Organised Crime (NSA), which states that the frontline in
the fight against organised crime must now be online. See: LNB News 25/05/2021 89.
April 2021, the UK’s whistleblowing charity,
Protect, launched the ‘Let’s fix UK whistleblowing law’ campaign. The campaign
calls on the government to review and update the Public Interest Disclosure
Act 1998. But does UK whistleblowing law need fixing? And what
could this mean for employers? Helen Almond, senior knowledge lawyer at
Addleshaw Goddard, examines these questions. See News Analysis: Make do or mend: what's
next for UK whistleblowing law?
to make provision for an Office of the Whistleblower has had its first
reading in the House of Lords. See: LNB News 21/05/2021 1.
and individuals can find evidence of action and progress made by the UK across
12 human rights topics on the human rights tracker. The Equality and Human
Rights Commission (EHRC) says that new human rights topics added to the site
include the equality and human rights legal framework, mental health and
political and civil participation. The human rights tracker was launched in
2019 to provide a brief summary of key actions that the government has taken
since 2016. See: LNB News 21/05/2021 67.
Advertising, marketing & sponsorship
Competition and Markets Authority (CMA) has published its views on the types of
misleading environmental claims about products that could break the law. The
CMA is now seeking views on draft guidance for business about green claims and
are inviting views of anyone who buys or sells products which claims to be
eco-friendly. The consultation will run until 16 July 2021, with the aim of
publishing the final guidance by the end of September 2021. See: LNB News 21/05/2021 76.
Advertising Standards Authority has published its response to the CMA
consultation. See: LNB News 24/05/2021 11.
has announced that, following CMA action, McAfee has extended its refund rights
for those customers that have had contracts auto-renewed. See: LNB News 25/05/2021 94.
case involving the court’s approach to the
incorporation into a contract of general terms which were inconsistent with an
expressly agreed term between the parties, the Court of Appeal held, in
reversing the High Court’s decision, that the buyer
was prevented from bringing a claim against the seller that the goods were not
in accordance with the contractual specification. Written by Michael Budd,
partner and head of company commercial at Longmores Solicitors. See News
Analysis: General terms conflicting
or inconsistent with expressly agreed terms (Septo v Tintrade).
Court has ruled that for limitation purposes if a cause of action accrues at
midnight, the first day of the limitation period starts the next day and if a
cause of action accrues part way through a day, that day is excluded from the
computation of time. This distinction is key for parties who (as in this case)
issue a claim right at the end of the limitation period and where the cause of
action accrues at midnight. Written by Harriet Campbell, professional support
lawyer at Stephenson Harwood LLP. See News Analysis: Have I issued my claim in
time? Let me count the days (Matthew v Sedman).
London: A brewery has settled a dispute with its insurer over whether Royal
& Sun Alliance (RSA) should be forced to cover the pub chain's alleged
£1.7m losses resulting from coronavirus lockdowns across Britain. See News
Analysis: Coronavirus (COVID-19)—Brewery settles £1.7m claim (Camerons Brewery v RSA).
franchisor’s designation of coronavirus (COVID-19) as
force majeure was subject to an implied duty of rationality. Failure to take a
relevant factor into account breached this duty and entitled the franchisee to
terminate the contract. Written by Po-Siann Goh, senior associate at Allen
& Overy, see News Analysis: Keep rational and carry on—designating coronavirus (COVID-19) as force majeure (Dwyer v
Court has found in favour of a franchisor on a number of issues arising out of
its termination of a franchise agreement for repudiatory breach by a
franchisee. However, it held that a 12-month post-termination restriction on
the ability of the franchisee to carry on a business similar to that covered by
the franchise agreement was unreasonable and unenforceable. Written by Fiona
Boswell, partner at Knights plc, see News Analysis: Franchise post-termination
restrictions held unenforceable (Dwyer (UK Franchising) Ltd v Fredbar Ltd and
updated its import, export and customs guidance to reflect the post Brexit regime.
The update covers the period from 17 May 2021 to 24 May 2021. See: LNB News 24/05/2021 44.
Financial Reporting Council has published research suggesting that good
corporate governance requires an ‘effective feedback loop’ between boards and the
workforce, with a focus on substantial engagement, to establish ‘meaningful dialogue’. See: LNB News 25/05/2021 16.
International Accounting Standards (Delegation of Functions) (EU Exit)
Regulations 2021, SI 2021/609 are made in exercise of
legislative powers under the Companies (Audit,
Investigations and Community Enterprise) Act 2004 in connection with IP
completion day. They delegate the responsibility for the adoption of
international accounting standards for use within the UK from the Secretary of
State to the UK Accounting Standards Endorsement Board (the UK Endorsement
Board). They came into force on 22 May 2021. See: LNB News 02/02/2021 8.
companies will soon receive updated international data-transfer tools after a
committee of the EU’s governments unanimously
approved the European Commission's draft proposals for standard contractual
clauses (SCCs), MLex has learned. See News Analysis: EU companies to get
updated data-transfer tools as governments approve SCCs.
European Commission has published guidance and question and answers (Q&As)
on how the Code of Practice on Disinformation will be effective in countering
disinformation. The guidance establishes expectations, and calls for further
signatories and participation to the Code. See: LNB News 26/05/2021 45.
European Data Protection Board (EDPB) has announced the adoption of opinions on
draft decisions on transnational codes of conduct presented to the EDPB, both
of which relate to cloud providers (the EU CLOUD and Cloud Infrastructure
Services Providers in Europe codes). The EDPB also adopted a statement on the
proposed Data Governance Act and recommendations on the legal basis for the
storage of credit card data for the sole purpose of facilitating further online
transactions. See: LNB News 21/05/2021 9.
European Parliament has adopted a resolution on the digital future of Europe,
reiterating the need for common EU rules on accessible and human-centric
technology. MEPs focused in particular on artificial intelligence as a
technology that can enable and support the digital transition of both the
private and public sectors in Europe and urged more support to be given to
small and medium enterprises. See: LNB News 21/05/2021 68.
European Commission has launched various actions to support European cultural
and creative sectors in light of the Creative Europe 2021-2027 programme.
Creative Europe will allocate approximately €300m to help in the
collaboration of professionals and artists across disciplines and borders, in
addition to increasing the competitiveness of cultural sectors while ensuring
they become greener and more inclusive. See: LNB News 26/05/2021 52.
increasing interest in cryptocurrency and the push towards meeting climate
objectives, it is no great surprise that the sustainability of cryptocurrency
has rapidly become a topical issue. Ben Mendelson, associate at Chronos Law,
discusses the environmental impact of cryptocurrencies, as well as the aims of
the Crypto Climate Accord, launched ahead of COP26. He also considers the
legal considerations involved in ‘greening’ cryptocurrencies. See News
Analysis: A green future for Bitcoin—is sustainable cryptocurrency possible?
European Commission has announced its proposed first-ever legal framework for
regulating artificial intelligence (AI) systems (the framework is referred to
throughout this article as the ‘AI regulation’). Laura Coleclough, senior
associate at Penningtons Manches Cooper, discusses the proposed regulation. See
News Analysis: An overview of the EU’s proposed legal framework for regulating artificial intelligence.
European Parliament has voiced its support of the new cybersecurity conference
centre that is being established in Bucharest. It has said that through the
gathering of information and expertise, the initiative will encourage innovation
from small businesses, while also bolstering Europe’s defences against cyber
risks and attacks. See: LNB News 20/05/2021 76.
seventh in a series of articles exploring how diversity and inclusion can play
a part in shaping the ‘new normal’ as businesses move out of
lockdown as an opportunity to ‘build back better’, Steven Cochrane, Partner,
and Rebecca Hayes, Senior Associate, of CMS (London), consider how employers
should act in the light of evidence that COVID-19 poses a significantly higher
risk to individuals with BAME backgrounds. See News Analysis: How can employers protect
their BAME employees following evidence about the disproportionate impact from
Office and UK Visas and Immigration have updated guidance for caseworkers,
specifically on how to consider applications made under the EU settlement
scheme. The EU settlement scheme allows any EU, EEA or Swiss citizen and their
families to apply in order to continue living in the UK after 30 June 2021. If
successful, this gives a settled or pre-settled status. See: LNB News 24/05/2021 57.
Secretary has laid before Parliament a legal migration and border control
strategy statement which sets out the Home Office's intended work programme for
2021 and 2022 in the area of legal migration, including ongoing changes to
application processes to achieve a digital by default system by the end of
2024. See: LNB News 24/05/2021 72.
published new guidance setting out steps to calculate a worker’s statutory payment
entitlement where the worker’s intermediary has received
amounts net of income tax and Class 1 primary national insurance contributions
(NICs) under the off-payroll working rules.
See: LNB News 25/05/2021 64.
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