SMS definition

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When does a transaction fall within the UK merger control rules—checklist

When does a transaction fall within the UK merger control rules—checklist This checklist summarises when a transaction will be classed as a 'relevant merger situation' and fall within the UK merger control rules under the Enterprise Act 2002. Three conditions must be met for a 'relevant merger situation' to exist: • two or more enterprises (or businesses) must 'cease to be distinct', and • the target's size or the merger's impact on competition must be large enough to meet one of the jurisdictional threshold tests, and • the merger must be within the time limit for review. For more detail on when a transaction will be classed as a 'relevant merger situation', see further A 'relevant merger situation' under UK merger rules. Are two or more enterprises (or businesses) 'ceasing to be distinct'? This involves three questions: • is an enterprise acquired? • does that enterprise cease to be distinct? • what level of control is acquired? Is an enterprise acquired? This could be: • a company •...

Key compliance issues for an e-commerce website—checklist

Key compliance issues for an e-commerce website—checklist This Checklist sets out the key issues which a legal advisor to an e-commerce business (whether in-house or external) may wish to consider to help ensure the business complies with applicable e-commerce laws and to address legal risks that are particular to an e-commerce context. This Checklist is suitable for use with e-commerce businesses selling to consumers (B2C) or to other businesses (B2B). This Checklist does not consider matters that are generally applicable to all businesses (eg compliance with general data protection record keeping obligations, health and safety, employment law, taxation and so on). For further guidance on e-commerce, see Practice Notes: • Business to business e-commerce—introduction • Business to business e-commerce—legal issues • Business to consumer e-commerce—legal issues Issue Summary Resources which may help A. Website terms and information—ensure the following are in place Terms of use (of the website) It is advisable to include terms which set out the basis on which the website is provided and may be used....

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Direct marketing decision tree—email and other electronic mail marketing—data protection

Direct marketing decision tree—email and other electronic mail marketing—data protection This decision tree provides a logical process for determining whether you can engage in email marketing and, if so, to whom. It is equally relevant to text and SMS marketing. There are separate decision trees in relation to postal and live telephone direct marketing—see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—live telephone calls—data protection. Electronic marketing presents the most complex regulatory challenge of all forms of marketing. You have to comply with the UK General Data Protection Regulation (UK GDPR) plus the Privacy and Electronic Communication Regulations 2003 (PECR 2003). PECR 2003 takes a different approach for different electronic marketing activities, depending on your target audience and the type of goods/services you are promoting. You also have to comply with the applicable requirements of the UK GDPR. For more guidance, see Practice Notes: • Direct marketing compliance—Electronic mail • How to handle personal data for direct marketing, and • Direct marketing—UK GDPR and PECR 2003 interplay...

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Disclosure—technical glossary

This Practice Note should be read in conjunction with Practice Note: Disclosure—introduction, or Disclosure Scheme (Business & Property Courts)—overview depending on which disclosure scheme is in operation in the court in which the claim is proceeding (see: Which disclosure rules apply to my claim—flowchart?).TermDefinitionArtificial Intelligence (AI)an artificial means of replicating thought processes of the human brain which can result in either extractive (summarising) or generative (creating) AIback-up tapestapes which contain saved data. They are called 'back-up' because the information is copied onto the tapes and is available as a 'back-up'. Can also refer to any other method where data is regularly collected and stored separately for the purposes of risk management. See also incremental back-ups belowbit and byteelectronic data can be measured in bits, which refers to the space taken up. 8 bits = 1 byte. 1 byte is the equivalent of 1 character of text; 1024 bytes = 1 kilobyteChatGPTan example of an AI tool launched in 2022; other models are availableclusteringthis type of search automatically identifies similar documents...

Disclosure—preserving documents

Disclosure—preserving documents This Practice Note sets out the obligations under Practice Direction 31B, para 7 which apply once litigation is contemplated in relation to the preservation of documents and the consequences and considerations in relation to specific aspects of disclosure such as dealing with back up tapes, computers, notebooks, laptops, portable storage devices and handheld devices as well as social media accounts. The possible consequences of failing to preserve disclosable documents are also addressed. Note: This Practice Note does not cover the provisions of the disclosure scheme operating in the Business and Property Courts where duties to preserve documents also apply. For guidance on that, see: Disclosure scheme—overview. Obligations CPR PD 31B, which deals with the disclosure of electronic documents, expressly requires a legal adviser to advise their client to preserve disclosable documents as soon as they are instructed to deal with a dispute; where the claim has, or is likely to be, allocated to the multi-track. In any event, putting in place processes whereby potentially disclosable...

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Workers and Temporary Workers sponsor duties: pre-licence visit to a start-up business—typical questions

Workers and Temporary Workers sponsor duties: pre-licence visit to a start-up business—typical questions A genuine and trading business? Nature of business • What does your business do, and what sector does it operate in? • Does your business own or have any links to any other businesses? • How has it raised finance to start? • Have you started operating yet, and if so, when? • What is the approximate annual turnover? • What was the approximate profit for the last year? • Do you have any revenue forecasts for the next year/five years? • Do you anticipate the business growing and, if so, by how much? • How do or will you generate your business? • If the business is a company is it registered with Companies House and if so, what is the number? • Is the business registered with HM Revenue & Customs for tax and VAT purposes and do you have evidence of this? • If the business is subject to registration/inspection by a regulatory body,...

Personal data breach plan

Personal data breach plan 1 Introduction 1.1 This personal data breach plan: 1.1.1 places obligations on staff to report actual or suspected personal data breaches; and 1.1.2 sets out our procedure for managing and recording actual or suspected breaches. 1.2 This plan applies to all staff[ in the UK], and to all personal data and special category personal data held by [insert organisation’s name]. This plan supplements our policies relating to [insert policies, eg data protection, information security and any other relevant policies]. 1.3 The table below explains some key terminology used in this plan: Term Meaning Personal data breach A breach of data security leading to the:—accidental or unlawful destruction of;—loss of;—alteration of;—unauthorised disclosure of; or—access to;personal data transmitted, stored or otherwise processed, eg accidental loss, destruction, theft, corruption or unauthorised disclosure of personal data. Personal data Information relating to a living individual who can be identified (directly or indirectly) from that information. Data subject The individual to whom the personal data relates. Special category...

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When an organisation wishes to add several branches to its Sponsor Licence, can this be done ‘in bulk’ (via one report on the Sponsor Management System and then a single submission of supporting documentation relating to each of the new branches), or must an individual SMS report be made for each new branch?

When an organisation wishes to add several branches to its Sponsor Licence, can this be done ‘in bulk’ (via one report on the Sponsor Management System and then a single submission of supporting documentation relating to each of the new branches), or must an individual SMS report be made for each new branch? Practice Note: Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability notes that an organisation which has different subsidiaries, location offices or campuses (all of which are termed 'branches' for these purposes) in the UK can choose to register: • all its branches together under one licence • all its branches separately, or • several of its branches together, eg by location The relevant section of the sponsor guidance is at Workers and Temporary Workers Sponsor Guidance, Part 1, Organisations with multiple branches. Where a sponsor wishes to add new branches subsequent to the grant of a licence, the Practice Note: Workers and Temporary Workers sponsor duties: sponsor changes of circumstances notes that...

Where a sponsor licence is held by a sole trader, and the sole trader sets up a limited company to trade under their sole ownership, is a new licence required and if so, do existing migrant staff require the Transfer of Undertakings (Protection of Employment) Regulations 2006 to transfer or submit change of employment applications?

Where a sponsor licence is held by a sole trader, and the sole trader sets up a limited company to trade under their sole ownership, is a new licence required and if so, do existing migrant staff require the Transfer of Undertakings (Protection of Employment) Regulations 2006 to transfer or submit change of employment applications? Where a business which is run on a sole trader basis incorporates as a company this will constitute a change in the legal personality of the business. The legal personality in a sole tradership is the business owner, while the legal personality in a company is the company, ie the company is a separate legal person to the business owner. As Practice Note TUPE—business transfers confirms, a business transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 occurs where there is: • a transfer of an undertaking or business (or part of an undertaking or business) • situated immediately before the transfer in the UK • to another person...

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Competition weekly highlights—12 June 2025

This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA issues an interim report in the Spreadex/Sporting Index remittal merger and provisionally finds competition concerns, (2) the CMA launches a consultation on draft rules for a levy for the digital markets competition regime. This week's highlights also includes, from an EU perspective: (1) an AG opinion concerning a national reference from the Czech Republic seeking clarification as to whether a collective management organisation’s failure to account for hotel room occupancy when setting copyright royalties for licensed works constitutes a breach of Article 102 TFEU, (2) an AG opinion concerning a national reference from Sweden seeking clarification as to whether compensation provided to a company owned by a Swedish municipality constitutes new or existing aid, and (3) the Commission launches a consultation on a revision of the SGEI State aid rules to address the issue of housing affordability.

Changes made to Student sponsor guidance

The Home Office has introduced changes to the Sponsorship duties guidance and the Student and child student guidance as of 29 May 2025. These changes primarily focus on record-keeping duties, providing living arrangements for child students, safeguarding children and minimum standards on child care obligations. Details of the new provisions are set out below.