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Information Commissioner’s Office (ICO) has launched
a call for views on the first draft chapter of its anonymisation,
pseudonymisation and privacy enhancing technologies guidance. The first chapter
covers the legal, policy and governance issues surrounding the application of
anonymisation and pseudonymisation in the context of data protection law. The
ICO will continue to publish draft chapters for consultation. The deadline for
responding to the call for views is 28 November 2021. See: LNB News 28/05/2021 89.
Chair of the European Data Protection Board (EDPB), Andrea Jelinek, has written
to the European Commissioner for financial services, financial stability and
Capital Markets Union, Mairead McGuiness, and Commissioner for Justice, Didier
Reynders, on the protection of personal data in the anti-money laundering (AML)
and combating the financing of terrorism (CFT) regimes. In the letter, Jelinek
recommends considerations and inclusions for the new legislative proposals that
the Commission aims to present later in 2021, including outlining how certain
data protection principles are of ‘utmost, and equal,
importance’ in the context of AML-CFT. See: LNB News 28/05/2021 130.
analysis: The EU’s new public prosecutor’s office, designed to fight
corruption, money laundering and VAT fraud, finally opened its doors on 1 June
2021 after months of delays in recruiting for the new enforcer. See: EU’s new corruption watchdog launched to fight fraud.
analysis: Lawyers who enable unlawful tax avoidance schemes should face
criminal prosecution and increased fines, the head of an anti-corruption group
of MPs spearheading reform efforts told Law360. See: MP pushes crackdown on
lawyers who enable tax avoidance.
Department of Justice (DoJ) has announced that the Swiss Bank Julius Baer &
Co Ltd (BJB) has admitted conspiracy to launder more than $US 36m worth of
bribes to FIFA and other football officials via the US. BJB has come to a
three-year deferred prosecution agreement with the DoJ and has agreed to pay
over $US 79 as a penalty. See: LNB News 28/05/2021 36.
marketing and sponsorship
complaints were received by the Advertising Standards Authority (ASA) about
stories posted on Instagram by three social media influencers, paid for by lead
generation company Debt Slayers. The complainants challenged whether the ads
were obviously identifiable as marketing communications, whether they
exaggerated their message, and whether the risks of engagement were made clear.
The ASA issued a further challenge as to whether the ads were misleading. See: LNB News 02/06/2021 37.
has published the recommendations it adopted regarding the retention of credit
card data for the sole purpose of facilitating further online transactions.
See: LNB News 28/05/2021 12.
European Union Intellectual Property Office (EUIPO) has published a study on
cybersquatting in an effort to quantify the phenomenon of cybersquatting and to
explain methods, as well as business models, employed by cybersquatters. EUIPO
said that the study revealed that certain squatting models caused brands to
lose sales. According to EUIPO, the study received co-operation with EUIPO
Observatory stakeholders and relied on knowledge and data that was shared by
brand protection experts from selected brands. See: LNB News 28/05/2021 37.
Holloran, senior associate at DLA Piper, considers the landmark decision in Sky UK Ltd v Alex Cherrie where the Court of Session
in Scotland has, for the first time, granted an interim interdict (akin to an
interim injunction in England) against an individual alleged to have infringed
Sky UK Ltd’s (Sky) copyright by providing hyperlinks
on Reddit to copies of Sky’s broadcasts, and uploading
copies of such broadcasts to YouTube. See News Analysis: Scottish Court of Session
grants injunction, in copyright case on communication to the public (Sky UK Ltd
v Alex Cherrie).
Chair of the House of Commons Environment, Food and Rural Affairs Select
Committee, Neil Parish, has written to International Trade Secretary, Liz
Truss, calling for an agreement in principle with Australia to be published as
soon as it is signed off. In the letter, the concerns of the farming community
caused by suggestions that the UK is offering a zero-tariff, zero-quota trade
deal are mentioned, demonstrating the need for key details of the agreement to
be published ahead of the full legal text late in 2021. The government has also
been urged to confirm details of the Trade and Agriculture Commission (TAC),
which will be important in the scrutiny of new Free Trade Agreements. Details
of the TAC’s chair, membership and how well it is
resourced are specifically requested. The Committee has also expressed concern
that the TAC is not currently constituted. See: LNB News 27/05/2021 64.
Chartered Trading Standards Institute (CTSI) has welcomed news that the
UK-Australia Free Trade Agreement is in advanced stages of negotiation.
The CTSI, however, has voiced concerns about potential impacts on consumer
standards, insisting that negotiations ‘must not come at the cost
of consumer standards and the excellent bond of trust that currently exists
between the public and the consumer protection system’. See: LNB News 01/06/2021 98.
Department for International Trade (DIT) has announced that the Comprehension
and Progressive Agreement for Trans-Pacific Partnership (CPTPP) nations has
agreed to the UK’s bid to begin the
accession to joining the alliance, made up of 11 countries. See: LNB News 02/06/2021 53.
government has announced the introduction of the Trade Remedies Authority
(TRA), a new body whose role is to defend economic interests in the UK against
unfair international trading practices. The TRA, launched on 1 June 2021, will
have investigatory powers to look into complaints brought by domestic
businesses regarding detriment caused by unfair import practices. It will also
have the power to recommend the implementation of trade remedy measures, such
as tariffs, in order to mitigate and prevent harm to domestic producers caused
by the unfair practices. Investigators at the TRA will review 43 current EU
trade remedy measures that are relevant to UK industry which were kept on when
the UK left the EU. See: LNB News 01/06/2021 57.
updated its import, export and customs guidance to reflect the post Brexit
regime. The update covers the period from 24 May 2021 to 31 May 2021. See: LNB News 01/06/2021 1.
World Trade Organization (WTO) has published an update on signals from the
Goods Trade Barometer, following a ‘steep but brief’ coronavirus (COVID-19)
induced drop in the second quarter of 2020. The barometer is currently reading
109.7, which is almost ten points above the baseline value of 100 for the index
and up 21.6 points year-on-year. The WTO believes this reflects both the
strength of the current recovery and the depth of the coronavirus shock in
2020. See: LNB News 01/06/2021 42.
Council of the European Union has agreed a mandate for its negotiations with
the European Parliament on the details of a regulation providing for the
creation of an International Procurement Instrument (IPI). It is hoped that the
IPI will help level the playing field in world procurement markets by providing
the EU with a leverage tool which can limit or exclude access to its own public
procurement markets from countries that apply restrictive measures. Following
the endorsement by the EU ambassadors of the Council mandate, the legislative
texts will advance to interinstitutional negotiations with the European
Commission and European Parliament ‘after the summer’. See: LNB News 02/06/2021 108.
Institute for Government has published a report entitled ‘Taking back control of
subsidies’, in which it details how the UK could
establish a State aid regime ‘more flexible than the EU’s in an effort to achieve
certain objectives, such as levelling up and environmental net-zero goals’. The report is published ahead
of the government’s introduction of a new
State aid regime which would regulate around £8bn of subsidies annually, and
includes recommendations to ensure success and that objectives are met. See: LNB News 01/06/2021 30.
has published new guidance for UK businesses selling services to customers in
EU Member States. Subjects covered in this guidance include information where
particular Member States have reserved the right to not follow commitments
outlined in the EU-UK Trade and Cooperation Agreement (TCA), and the
interactive reservations tool for businesses to ascertain whether certain
reservations are EU-wide or Member State-specific. See: LNB News 28/05/2021 38.
disclosures, records and registers
House has announced changes to its protected
online filing (PROOF) service that will prevent unauthorised company name
changes. As of 1 June 2021, form NM01 and a copy of the resolution will be
needed to change a company name via the PROOF service. A change of name via a
special resolution is the only type of name change that individuals can submit
electronically. See: LNB News 01/06/2021 106.
International Regulatory Strategy Group (IRSG) has published its recommendations for
reviewing the EU taxonomy for UK application. In its paper, the IRSG endorses the
approach of the government in staying aligned to the EU taxonomy in the short
term, although it also recognises some limitations of the EU approach. It urges
the government ‘to accelerate progress on this with a view
to providing significant clarity to UK issuers and financial market
participants in advance of COP26’. See: LNB News 01/06/2021 51.
Financial Reporting Council (FRC) has issued a revised auditing standard for the auditor's responsibilities
relating to fraud. The requirements for the identification and assessment of
risk of material misstatement due to fraud and the procedures to respond to
those risks have been enhanced. The revised standard is to apply for audits
beginning on or after 15 December 2021. Early adoption is permitted. See: LNB News 27/05/2021 40.
has announced that the newly-functioning
UK Endorsement Board (UKEB) has been delegated statutory powers. The statutory
functions enable the UKEB to play a pivotal role in influencing the development
of international financial reporting standards (IFRS) and will be responsible
for the endorsement and adoption of IFRS for use by UK companies. The UKEB will
report to BEIS on technical matters and will report to the FRC on its due
process procedures and governance. See: LNB News 27/05/2021 11.
and worker categories
Department for Education (DfE) has announced that businesses in England can
claim £3,000 for each new apprentice they take on from 1 April 2021 until 30
September 2021. According to DfE, this cash incentive aims to help more
employers invest in the skilled workforce, as part of the government’s Plan for Jobs. See: LNB News 01/06/2021 104.
regulatory strategy at the ICO, Michael Murray, has announced a new blog series
in which the ICO plans to explain the 15 standards set out in the Children’s Code, in an effort to
support organisations in their compliance with it. The first blog is due to
explore the Data Protection Impact Assessments (DPIAs) standard, which requires
all organisations covered by the Children’s Code to fill in a DPIA to
mitigate data protection risks to the children likely to access the
organisation’s service. See: LNB News 27/05/2021 97.
Department for Digital, Culture, Media & Sport (DCMS) has announced that it
is undertaking research to understand the UK’s cybersecurity sector and
how it is growing. The research will be commissioned by Ipsos MORI, alongside
Queen’s University Belfast’s Centre for Secure Information
Technologies and Perspective Economics. DCMS states that the survey will be
conducted by a selection of UK cyber sector businesses, being invited to take
part in the survey on a voluntary basis, via a telephone interview said to last
around 12 minutes. DCMS also reassures that the survey will be fully
confidential for all participants involved. See: LNB News 02/06/2021 85.
published details of a new research project which will study how organisations
manage devices that connect to the internet via their network, such as company
computers, printers and smartphones. IFF Research has been appointed by DCMS to
carry out interviews over the phone in June and July 2021. Anyone that has
responsibility for the security of devices connected to their organisation’s network can book an
appointment to speak with IFF. See: LNB News 02/06/2021 72.
European Data Protection Supervisor (EDPS) has opened two investigations. The
first concerns the use of cloud services provided by Amazon Web Services and
Microsoft under Cloud II contracts by EU institutions, bodies and agencies (EUIs).
This investigation aims to assess the EUIs’ compliance with the Schrems II judgment when using these
cloud services under the ‘Cloud II contracts’ when data is transferred
to non-EU countries, including the US. The second investigation involves the use
of Microsoft Office 365 by the European Commission, aiming to verify the
European Commission’s compliance with EDPS’ recommendations previously
issued on the use of Microsoft’s products and services by
EUIs. The investigations forms part of the EDPS’ strategy for EU
institutions to comply with the Schrems II Judgment, which aims to ensure
international transfers comply with EU data protection law. See: LNB News 27/05/2021 98.
developer Epic Games’ antitrust trial against
Apple concerning the manner in which it runs the App Store has come to a
conclusion, after a three-week hearing hailed by MLex as a landmark moment in
the global backlash against Big Tech. The case concerns Apple’s ‘exclusive control’ of apps on handheld
devices and its 30% commission fee on digital purchases made through the
obligatory In-App Purchasing mechanism. The latest MLex analysis contains a
rundown of the trial as it happened, with a full chronology of its coverage of
the case. See: LNB News 28/05/2021 51.
has published guidance on Project Gigabit, which covers plans to improve the UK’s broadband network,
putting emphasis on making high-speed broadband available in rural areas. See: LNB News 01/06/2021 96.
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