The electronic discovery reference model is said to provide 'a common, flexible and extensible framework for the development, selection, evaluation and use of electronic discovery products and services'.

This word has a specific meaning in the CPR.

a questionnaire forming part of the new CPR Practice direction 31B.

CASE HUB (NOTE—appeal lodged before the CAT in relation to the level of fine imposed in Roland (U.K.) Limited and Another v CMA (1365/1/12/20)) ARCHIVED–this archived case hub reflects the position at the date of the decision of 29 June 2020; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline CMA Article 101 TFEU/Chapter I CA98 investigation alleging that Roland (U.K) Limited breached UK and EU competition law by restricting online discounting for its drum kits and related components and accessories. Latest developments On 29 June 2020, the CMA issued its infringement decision, finding that Roland (U.K) Limited had breached the Chapter I prohibition/Article 101 TFEU by engaging in resale price maintenance by requiring its electronic drum kits and related components and accessories to be sold at or above a minimum price. The aim was to restrict retailers from discounting their online prices. The CMA imposed a fine of just over £4m, which reflected immunity from a fine for the period 7 January 2011 to 31 December 2012,

How electronic disclosure is used in arbitration There is no universal binding protocol on e-disclosure in arbitration. This is consistent with the general approach that arbitration procedures should be flexible and that the tribunal has the authority to determine what evidential rules shall be applied in each individual case, subject to the agreement of the parties. However, as electronically stored information (ESI) is likely to form a significant proportion of the documentation involved in most arbitrations, serious thought must be given as to how it will be managed and used during the arbitral process to best enable the parties to present their cases without the task of producing the evidence becoming too onerous. Note: the term ‘document production’ rather than ‘disclosure’ is usually used in arbitration but the term ‘e-disclosure’ seems to be used in both contexts. It is usual in arbitration for parties to disclose documents on which they rely early in the proceedings. Their opponent may then request any further documents they wish to see and any dispute over whether these documents should be

This Checklist provides practitioners with a list of issues to consider when dealing with electronic evidence in arbitration. At the outset of arbitral proceedings, consider the role that electronic evidence might play, in particular: • consider data protection legislation including, for example, the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, which relates to the processing of personal data and the free movement of such data. Are your clients and legal advisors data controllers and/or data processors? Does the evidence involved in document production include personal data? Has a comprehensive assessment of any data protection obligations been planned or been carried out? Have the appropriate measures been taken? See Practice Note: Arbitration—data protection and GDPR considerations • does your client possess relevant electronically stored information (ESI)? If so, advise your client to implement a document retention policy across all relevant companies/individuals to safeguard potentially relevant material • consider the devices which ESI may be held (eg mobile phones and tablets) and the forms it may take (eg emails, documents, images, instant messaging) ensure

A document, an announcement or any information will be sent in electronic form if it is: (1) sent by means of electronic equipment for the processing or storage of data; and (2) entirely transmitted and conveyed by wire, radio, optical or other electromagnetic means, provided that the sender reasonably considers that the form in which it is sent, and the means by which it is sent, will enable the recipient to read and retain a copy of it. Copies of documents required to be sent to the Panel in electronic form should be sent by e-mail to documentfiling@thetakeoverpanel.org.uk (see Code section Communication with the Panel).

Although there is no universally accepted legal definition, electronic funds transfer (EFT) is a generally accepted practice of which there are (1) non-consumer activated systems and (2) consumer activated systems where the main consumer activated systems are automated teller machines (ATMs) and electronic funds transfer at point of sale (EFTPOS).

Add new definitions to ‘definitions’ article as appropriate: present • means, for the purposes of physical general meetings, present in person, or, for the purposes of electronic general meetings, present by electronic means (and references to persons attending by electronic means is defined as attendance at electronic general meetings via the electronic platform(s) stated in the notice of such meeting); electronic general meeting • means a general meeting hosted on an electronic platform; electronic platform • includes, but is not limited to, website addresses and conference call systems; Add the following new clauses as required and renumber document accordingly: 1 Convening of general meetings 1.1 The board shall determine in relation to each general meeting the means of attendance at and participation in the meeting, including whether the persons entitled to attend and participate in the general meeting shall be enabled to do so by simultaneous attendance and participation at a physical place (or places, in accordance with Article [insert number of article(s) as relevant]) anywhere in the world determined by it, or in addition by means of electronic facility or facilities determined by it in accordance with Article [insert

Means an electronic representation of a paper document. Defined in CPR PD 31B para 5(4)

In the context of electronic communication between a company and its shareholders, a document or information is sent or supplied by electronic means if it is sent initially and received at its destination by means of electronic equipment for the processing (this expression includes digital compression) or storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means (CA 2006, s 1168(4)).

If a provision of the Companies Acts authorises or requires documents or information to be sent or supplied by a body corporate (however it is expressed), that body corporate must comply with sections 1144–1148 and Schedule 5 of the Companies Act 2006 (CA 2006), being the company communications provisions. The Companies Acts are defined in CA 2006, s 2 and include CA 2006 itself, except CA 2006, ss 1182–1283. For the purpose of the company communications provisions, a reference to a document includes a summons, notice, order, other legal process or register. The company communication provisions are subject to any requirements imposed, or contrary provision made, by or under any enactment (in particular, the provisions of CA 2006, Pt 35 relating to documents or information to be sent or supplied to Companies House). However, such a provision is not to be regarded as contrary to the company communications provisions by reason only of the fact that it expressly authorises a document or information to be sent or supplied in hard copy form, in electronic