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Latest Practice Compliance News

EU courts told to let Iranian companies use sanction blocking law

EU courts told to let Iranian companies use sanction blocking law

The following Corporate Crime news provides comprehensive and up to date legal information on EU courts told to let Iranian companies use sanction blocking law

Locatefamily.com fined €525,000 for failure to appoint data protection representative

Locatefamily.com fined €525,000 for failure to appoint data protection representative

The following Information Law news provides comprehensive and up to date legal information on Locatefamily.com fined €525,000 for failure to appoint data protection representative

Practice Compliance weekly highlights—13 May 2021

Practice Compliance weekly highlights—13 May 2021

The following Practice Compliance news provides comprehensive and up to date legal information on Practice Compliance weekly highlights—13 May 2021

Financial and trade sanctions—tracking UK-EU divergence

Financial and trade sanctions—tracking UK-EU divergence

The following Banking & Finance news provides comprehensive and up to date legal information on Financial and trade sanctions—tracking UK-EU divergence

Featured Practice Compliance content

Compliance officer for legal practice—COLP—title and duties 2011 [Archived]

Compliance officer for legal practice—COLP—title and duties 2011 [Archived]

The compliance officer for legal practice (COLP) sits at the heart of the firm's regulatory arrangements. This does not mean that the firm and its...

Anti-bribery and corruption for law firms—post-training assessment questions

Anti-bribery and corruption for law firms—post-training assessment questions

How to use this testThese questions are designed to test your understanding after your attendance at our training on avoiding bribery and...

Standard contractual clauses—set II—controller to controller (Model Clauses)

Standard contractual clauses—set II—controller to controller (Model Clauses)

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Introduction to retained EU law

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

Practice notes

AML and counter-terrorist financing—source of funds

Source of funds and wealth was a key focus of the SRA’s Preventing Money Laundering and Financing of Terrorism thematic review, published in March...
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9th Nov
tag iconIn-house
Precedents

Modern slavery: contract clauses

1DefinitionsModern Slavery Policy•means the Customer's anti-slavery and human trafficking policy as set out in Schedule [insert] as updated by the...
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9th Nov
tag iconIn-house
Practice notes

High-risk third countries tracker

This Practice Note lists high-risk third countries identified by the Financial Action Task Force (FATF), HM Treasury and the European Commission as...
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9th Nov
tag iconIn-house
Practice notes

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...
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Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan
Practice notes

What is a solicitor's undertaking?

An undertaking is a commitment by a solicitor to do something. It can be enforced against the solicitor by the courts. Failure to comply with an...
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9th Nov
Practice notes

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan

Most recent Q&As content

Q&As

Is there any authority or guidance on whether a solicitor from within the same firm can give sufficiently independent advice for the purposes of rebutting the inference of undue influence?

In Royal Bank of Scotland v Etridge, the House of Lords confirmed that in a case where a wife is being asked to stand surety for her husband’s debts,...
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15th Feb
Q&As

I am acting for a client in two related matters with the same third-party. The third party has a solicitor for one matter but my client wishes me to write directly to the third party on the second matter. Can I do this?

We are not aware of any guidance from either the Law Society or the Solicitors Regulation Authority (SRA) on this particular point, but the SRA...
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15th Feb
Q&As

Is a restrictive covenant in a solicitor's employment contract incompatible with the client's freedom to choose a solicitor?

What does the SRA say?The first question to consider whether solicitors or law firms are under any obligation is to ensure clients have freedom of...
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15th Feb
Q&As

Commercially, for non-public sector—can we still bid for EU contracts in light of Brexit?

Current legal positionAt present, the result of the UK referendum on 23 June 2016 has had no effect on UK law or on the legal relationship between the...
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Produced in partnership with Jorren Knibbe of Guildhall Chambers 15th Feb
tag iconBrexit
Q&As

If a company self-reports a corrupt transaction but withholds details of other incidences of bribery, will the SFO give them the benefit of having self reported?

Commercial organisations which have identified involvement in corruption, whether directly or by an associated person, should seek expert advice...
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13th Feb
Q&As

Do the money laundering offences under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) apply to only UK nationals and companies or are foreign nationals and businesses also caught by these provisions? Do the money laundering offences under POCA 2002 have extra-territorial effect?

Territorial jurisdictionThe jurisdiction of the criminal law is a matter which is often found to present difficult questions for the courts in...
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Produced in partnership with Philip Rule 13th Feb
Q&As

What is a relevant filing system for the purposes of the Data Protection Act 1998?

Under the Data Protection Act 1998 (DPA 1998), a relevant filing system is defined in s1 as:any set of information relating to individuals to the...
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Produced in partnership with Ashley Roughton of Ipchambers.eu 13th Feb
Q&As

Will the processing of personal data relating to US citizens by a UK company in the UK be subject to the GDPR (once that applies) (and assuming the personal data relates to US citizens only, not EU citizens)?

Although the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) does not necessarily apply to every organisation in the world, it...
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Produced in partnership with Shobana Iyer of Swan Chambers 13th Feb
Q&As

Who is a 'data subject' for the purposes of the Data Protection Act 1998?

In the context of data protection, the term 'data subject' is used frequently. For the purposes of the Data Protection Act 1998 (DPA 1998), 'data...
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13th Feb
Q&As

Despite not being in effect until 25 May 2018, can you address the GDPR in contractual agreements now?

ImplementationThe General Data Protection Regulation, Regulation (EU) 2016/679, (the GDPR) came into force on 24 May 2016, but due to a two-year...
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13th Feb
Q&As

If a business keeps a ‘black book’ of contacts, but keeps it private and does not keep an electronic version, does the Data Protection Act apply to its contents? Can the business send emails to those contacts without the opt out of receiving more emails that usually accompanies marketing shots?

Luxury goods retail and 'black books' It is a common practice for luxury goods retailers to hold records of specific information about particular...
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13th Feb
Q&As

Who is a 'data controller' for the purposes of the Data Protection Act 1998?

For the purposes of the Data Protection Act 1998 (DPA 1998), a 'data controller' is defined as: 'a person who (either alone or jointly or in common...
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13th Feb
Q&As

Under Article 3 of the General Data Protection Regulation, will all personal data processed ‘in the context of the activities of an establishment of a controller or a processor’ based in the EU fall under the regulation regardless if the personal data in question relates to EEA individuals or not?

The General Data Protection Regulation (EU) 2016/679 (the GDPR) applies in all EU Member States from 25 May 2018. Note that in answering this question...
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Produced in partnership with Shobana Iyer of Swan Chambers 13th Feb
Q&As

Can a solicitor bring a claim for unpaid fees where the client has made verbal and written promises to pay over a period of time but has subsequently gone bankrupt? If so, what types of claim are available? Note: a member of the client’s family also made a verbal promise to pay.

Options available for a solicitor to recover feesA solicitor can bring proceedings for recovery of fees, subject to section 69 of the Solicitors Act...
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11th Feb
Q&As

Legal expenses insurance policy—can a party choose their own lawyer?

Legal expenses policies are governed by The Insurance Companies (Legal Expenses Insurance) Regulations 1990. These regulations address the freedom to...
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11th Feb
Q&As

What is the ‘risk-based approach’ in relation to anti-money laundering, and what does it mean to me?

The risk-based approach (RBA) is a core concept of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer)...
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11th Feb
Q&As

When is it lawful to link to other websites?

Linking and copyright protectionWebsite owners and those using the internet commonly link either to another website's home page or to a page situated...
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4th Feb
Q&As

What CDD challenges are presented by coronavirus (COVID-19)?

STOP PRESS: Draft Legal Sector Affinity Group (LSAG) AML guidance was published on 20 January 2021. It awaits approval by HM Treasury and any content...
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3rd Feb
tag iconCOVID-19
Q&As

What are the key points private and voluntary sector employers need to know about mandatory gender pay gap reporting?

The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, SI 2017/172 ('the regulations') come into force on 6 April 2017. Acas and the...
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2nd Feb
Q&As

Is a member of the House of Lords (who does not hold any ministerial role) considered to be a politically exposed person under the Money Laundering Regulations 2017?

STOP PRESS: Draft Legal Sector Affinity Group (LSAG) AML guidance was published on 20 January 2021. It awaits approval by HM Treasury and any content...
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28th Jan

Popular documents

Conditions precedent in commercial contracts

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a

Joint, several, and joint and several liability

Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction

Separation of powers—legislative, executive and judiciary

Separation of powers—legislative, executive and judiciary

Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to

CE-File—electronic filing and case management in the Rolls Building and other courts

CE-File—electronic filing and case management in the Rolls Building and other courts

This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case