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Risk & Compliance forecast
UK/EU divergence—have your say
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New and updated content
Risk & Compliance forecast as at 15 June 2021
Our new Risk & Compliance forecast (as at 15 June 2021) is now live. This month, we report on issues including (1) finalised standard contractual clauses (SCCs); (2) economic crime; (3) cybersecurity and cybercrime updates and (4) whistleblowing. You can rest assured we’re tracking forthcoming regulatory changes so you can plan ahead.
One 2015 given monetary penalty notice by ICO for unlawful marketing messages
Information Commissioner’s Office (ICO) has
published a monetary penalty notice against Global One 2015. The ICO found that
Global One instigated 573,000 unsolicited direct marketing messages between 24
April 2020 and 23 May 2020 without valid consents, resulting in 548 complaints.
The ICO also notes that the unsolicited messages did not offer individuals the
ability to ‘opt out’ of future unsolicited
messages. As a result, the charity has been fined £10,000 by the ICO.
See: LNB News 15/06/2021 101.
New C2P SCCs for controllers and processors in the EEA
Dr W Kuan Hon, director in the Privacy, Security & Information Law team at Fieldfisher, discusses Commission Implementing Decision (EU) 2021/915 which sets out SCCs for arrangements between controllers and processors in the EEA (C2P SCCs). She considers the background to the C2P SCCs, to what extent they may be used in practice, and issues organisations may encounter when using them, as well as implications for organisations in the UK.
Papa John’s given monetary penalty by ICO for unlawful marketing messages
The ICO has fined the pizza company Papa John’s (GB) Ltd £10,000 for sending 168,022 nuisance marketing messages to its customers without valid consent. This was after the ICO received 15 complaints from Papa John’s customers about the unwanted marketing, which was distributed by texts and emails. The ICO investigation concluded that Papa John’s was relying on a ‘soft opt in’ exception as a form of marketing consent. However, the ICO ruled that this exemption could not be relied upon, as a privacy notice was not provided to the customers at any point, with an option to opt out.
Will the CPS’ decision to update its
guidance mean an increase in prosecutions for failure to disclose under section
330 of POCA 2002?
guidance issued by the Crown Prosecution Service (CPS) on the offence of ‘failure to disclose’ under section 330 of the Proceeds of Crime Act 2002 (POCA 2002) states that it is now ‘possible to charge an
individual under section 330 even though there is insufficient evidence to
establish that money laundering was planned or has taken place’. Leena Lakhani of Kingsley
Napley LLP considers the offence and new guidance and whether it will mean an
increase in prosecutions for failure to disclose under POCA 2002, s 330.
Analysis: Will the CPS’
decision to update its guidance mean an increase in prosecutions for failure to
disclose under section 330 of POCA 2002?
publishes consolidated assessment ratings
Financial Action Task Force (FATF) has published a consolidated table of
assessment ratings, providing an overview of the ratings that assessed
countries obtained for effectiveness and technical compliance.
See: LNB News 16/06/2021 92.
call for EU human rights sanction regime to cover corruption
Foreign Affairs Committee of the European Parliament has adopted a resolution
calling for the European Commission to produce a legislative proposal to
include corruption as a punishable offence within the EU Global Human Rights
Sanctions Regime (GHRSR). Members of the European Parliament (MEPs) have also
called for a system whereby they can propose cases of serious human rights
violations ‘in order to increase the legitimacy’ of the GHRSR, as well as
the introduction of qualified majority voting with the goal of achieving a more
effective implementation of the regime. 58 MEPs voted in favour of the
resolution, with eight voting against and three abstaining.
See: LNB News 16/06/2021 111.
Committee to examine AML measures and impacts of economic crime
Treasury Committee has announced that it will assess UK’s anti-money laundering
(AML) measures and sanctions and how economic crime impacts consumers. A
virtual meeting will take place at 3.30 pm on 14 June 2021.
See: LNB News 10/06/2021 84.
Privilege and internal investigations—getting the basics right
White, partner and Saira Choonka, principal associate from Eversheds Sutherland
analyse the case of A v UBS AG, highlighting the issue of legal privilege
in the context of investigations. There is a growing trend for financial
institutions to commission external law firms to conduct internal
investigations into complex issues. Maintaining privilege over documents
produced during the course of an investigation is imperative to avoid
disclosure of potentially damaging investigatory materials. This article sets
out a series of steps financial institutions can use to protect their position.
Analysis: Legal Advice Privilege and
internal investigations—getting the basics right.
to buy cyber insurance, study shows
London: Almost nine in ten small and mid-sized businesses in Britain do not
have cyber insurance policies, exposing them to the risk of attack amid the
growth of online activity, insurer Aviva plc has warned.
Analysis: SMEs failing to buy cyber insurance, study shows.
MEPs vote in favour of cybersecurity resolution amid hybrid threats
MEPs have called for heightened cybersecurity standards for connected devices, apps and operating systems in light of the increasing complexity of so-called ‘hybrid threats’—methods used by hostile actors to target democratic states through misinformation campaigns and cyberattacks on economic processes and democratic institutions. MEPs voted overwhelmingly in favour of a resolution by 670 votes to four (12 abstaining) calling for connected products to be made secure-by-design, fortified against cyber incidents, and easily-patchable should any weaknesses be discovered, but have also called on the European Commission to harmonise national laws across Member States to maintain consistency throughout the single market.
See: LNB News 10/06/2021 65.
Slavery (Amendment) Bill [HL]
Lords first reading 15 June 2021
See: LNB News 16/06/2021 1.
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UK law diverges from EU law arising from the UK’s departure from the EU.
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Note: What’s new and what’s changed in 2021—Risk
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Lexis®PSL Risk & Compliance has a dedicated area
on the Key Resources section of the home page that tracks interesting and
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world of risk & compliance. For more information, see: Risk & Compliance
forecast as at 15 June 2021.
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