ARCHIVED. This Practice Note has been archived and is not maintained. As well as the option to postpone auto-enrolment, employers which operate defined benefit or hybrid schemes may choose to delay the implementation of auto-enrolment for eligible jobholders until 30 September 2017 (called the transitional period) if certain conditions are satisfied. If the employer delays auto-enrolment for the transitional period in respect of eligible jobholders (and chooses not to apply a postponement period of up to three months following the end of that period), the auto-enrolment obligations will apply: • on the day after the end of the transitional period (ie 1 October 2017), or • if earlier, on the day after the date on which the transitional period ceases to apply (ie because one of the conditions is no longer satisfied) If the employer applies a postponement period following the end of the transitional period, the auto-enrolment obligations will apply on the deferral date. Note that an eligible jobholder who is not already an active member of

This archived toolkit covers the basic issues relating to pensions auto-enrolment and highlights practical steps employers needed to take in order to meet their auto-enrolment obligations in respect of employees working in the UK. The Pensions Regulator also produced some helpful guidance to assist employers to prepare for auto-enrolment. Overview The auto-enrolment legislation came into operation on 1 October 2012 and imposes a statutory duty on employers to enrol their workers automatically into a pension scheme meeting at least minimum standards, unless workers choose to opt out. Employers who fail to comply with the auto-enrolment regime risk a fine of up to £50,000 and, in cases of wilful and persistent non-compliance, imprisonment for up to two years. Checklist—preparing for auto-enrolment Employers would have had to take the following action steps to prepare for auto-enrolment: • Speak to their benefits adviser (if their have one) or consider appointing a new adviser to assist them in complying with their auto-enrolment duties. • Identify how many people they had on their payroll—the date on which the auto-enrolment duties started

THIS PRACTICE NOTE APPLIES ONLY TO PENSION SCHEMES IN ENGLAND AND WALES The statutory auto-enrolment regime requires employers to: • automatically enrol any eligible jobholders into an ‘automatic enrolment scheme’, unless they are already an active member of a ‘qualifying scheme’ with that employer • enrol any non-eligible jobholders who give the employer an opt-in notice into an ‘automatic enrolment scheme’, unless they are already an active member of a ‘qualifying scheme’ with that employer Qualifying schemes must meet at least minimum standards. In the case of a defined contribution (DC) scheme, those standards include mandatory employer and worker contributions of at least minimum amounts. Automatic enrolment schemes are qualifying schemes which meet additional requirements. This is explained further below. Employers should ensure that any scheme chosen to comply with the auto-enrolment requirements meets the minimum standards. The Pensions Regulator has issued detailed guidance to help employers comply with their duties under the auto-enrolment regime ('TPR Auto-enrolment Guidance'), including on the criteria that a scheme must meet to

FORTHCOMING DEVELOPMENT: The Pensions (Extension of Automatic Enrolment) (No. 2) Bill received Royal Assent on 18 September 2023 as the Pensions (Extension of Automatic Enrolment) Act 2023 (the Act) and was published on 19 September 2023. The Act gives regulation-making powers to the Secretary of State for Work and Pensions to (i) reduce the lower age limit at which otherwise eligible workers must be automatically enrolled and re-enrolled into a pension scheme by their employers, (ii) remove the Lower Earnings Limit from the qualifying earnings band so that contributions are calculated from the first pound earned, and (iii) modify the requirements of the annual review of the qualifying earnings band. The changes on eligibility for automatic enrolment are to be implemented after a period of consultation on the precise implementation approach and timing. The date for the coming info force of section 1 of the Act is set to be ‘on such day or days as the Secretary of State may by regulations appoint’. For further information, see: DWP press release,

FORTHCOMING DEVELOPMENT: The Pensions (Extension of Automatic Enrolment) (No. 2) Bill received Royal Assent on 18 September 2023 as the Pensions (Extension of Automatic Enrolment) Act 2023 (the Act) and was published on 19 September 2023. The Act gives regulation-making powers to the Secretary of State for Work and Pensions to (i) reduce the lower age limit at which otherwise eligible workers must be automatically enrolled and re-enrolled into a pension scheme by their employers, (ii) remove the Lower Earnings Limit from the qualifying earnings band so that contributions are calculated from the first pound earned, and (iii) modify the requirements of the annual review of the qualifying earnings band. The changes on eligibility for automatic enrolment are to be implemented after a period of consultation on the precise implementation approach and timing. The date for the coming info force of section 1 of the Act is set to be ‘on such day or days as the Secretary of State may by regulations appoint’. For further information, see: DWP press release,

The Department for Transport has announced that the Automated Vehicles (AV) Act came into force on 20 May 2024 following its Royal Assent. The new law will unlock the industry's potential, which is estimated to be worth up to £42bn and will create 38,000 more skilled jobs by 2035. The law will also put an obligation on self-driving vehicles to achieve a high level of safety as careful and competent human drivers and require self-driving vehicles to meet rigorous safety checks before they are on the roads in 2026. This could drastically help prevent and reduce deaths and injuries from drink driving, speeding, tiredness and inattention and for the first time, corporations such as insurance providers, software developers and automotive manufacturers will be able to assume responsibility for how the vehicle drives.

UK Parliament has announced that the Automated Vehicles Bill will be examined by members of the House of Lords in committee stage. The Bill will be examined line by line on 10 January, 15 January and 17 January 2024.

UK Parliament has reported that the Automated Vehicles Bill has returned to the House of Lords for consideration of the House of Commons amendments. The House of Commons has proposed 11 amendments to Clauses 40, 43, 89, 93 and 100, as well as amendments to Schedule 1. The House of Lords will consider the amendments on 8 May 2024.

Automated financial product advisers or robo-advisers are automated computer systems that provide financial planning services with little or no human intervention. They are emerging across the financial service industry, helping consumers choose investments, banking products and insurance policies. This Practice Note considers the following: • Scope and uses of robo-advisers • Advantages and disadvantages • Risk creation versus risk mitigation • Regulatory framework • Recent FCA Reviews and Key Findings • Legal issues in relation to advice provided by robo-advisers • Views from the market • Next Phase of Robo-Advice Artificial intelligence (AI) underpins robo-advice and provides an opportunity for financial institutions to develop business models in order to better meet the needs of clients. Banks are aware that they need to organise, analyse and use data to reshape business models. This is the potential of AI: offering a range of benefits from better client experience, efficient risk management and compliance through to operational efficiency. AI technology improves speed, accuracy and consistency. As with most industries, banking

An automated calling system does what the name suggests. It is a system that: • automatically calls a series of different telephone numbers, and • transmits a message which is not live speech

MLex: The European Commission’s justice and consumer department recently launched a new work stream related to artificial intelligence (AI) in contracting—a growing phenomenon in which machines make decisions without explicit human consent. Algorithmic-based contracts are increasingly used in various sectors, from supply chain management to finance, prompting discussions on how traditional contract law applies in the case of computer errors.

Information Law analysis: The Court of Justice provided several clarifications around the scope of data subject access requests (DSARs) in the context of automated decision-making. The court held the determining factor for whether information constitutes ‘meaningful information about the logic involved’ under Article 15(1)(h) of the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) is whether the information enables the data subject to understand the logic involved in automated decision-making involving their personal data. The court also held disclosure by controllers should be underpinned by the principles of transparency, which requires information to be clear, accessible and intelligible, both in terms of content and form, from the perspective of data subjects. In the context of automated decision-making this doesn’t necessarily mean providing the exact algorithm, if it doesn’t help the data subject’s understanding of the ‘how’. The court confirmed DSARs do not mandate the disclosure of trade secrets, but this can only be decided by the relevant supervisory authority or competent court, after assessing all relevant information provided to them by a controller. The protection of trade secrets cannot be used as a blanket excuse by businesses to withhold certain information from individuals making a request under Article 15(1)(h) of the EU GDPR. Written by Marija Nonkovic, associate at Kemp IT Law LLP.