This supply chain risk management guide identifies five key priorities for in-house lawyers and compliance professionals in relation to supply chain risks. It explains why you need to pay close attention to these areas to assist in maintaining the smooth operation of the business. See also Practice Note: Supply chain fundamentals. Why you need to manage this risk The outbreak of COVID-19 in 2020 was possibly the most significant event to impact the world economy in generations. It provided all those involved in risk management with the benefit of highlighting some of the general risks inherent in supply chains and the need to identify, quantify and manage those risks in an active way. A supply chain map starts with the sourcing of raw materials and goes up to production of finished products—covering everything in between. Depending on the industry or sector in which your organisation operates, its supply chains can be relatively short, with just one or two links or can have multiple layers and interactions. Your role as in-house lawyer or compliance professional

This Practice Note focus on supply chain sustainability in the EU and the executing legislative acts of the European Green Deal. It provides a practical overview of the most relevant legislation on key areas like supply chain, product related legislation and sustainability related due diligence requirements for doing business in the EU. Please note that other general product-specific rules should also be considered when assessing due diligence obligations. This Practice Note does not cover UK legislation. For more information on legislation in the UK, see Practice Note: Supply chain sustainability—UK. What is supply chain sustainability in the EU and why is it important? Over the past decade, the EU has transformed supply chain sustainability from a voluntary aspect of corporate social responsibility into a central pillar of regulatory compliance as part of the European Green Deal. This reflects the vision that sustainable supply chains are relevant for managing the environmental impact of European businesses and, due to the extensive legal framework, has a significant

This Practice Note explores the concept of supply chain sustainability within the broader context of sustainable procurement and environmental, social and governance (ESG) performance, with a specific focus on private sector practices in the UK. It provides practical guidance on establishing a supplier code of conduct and developing a comprehensive supply chain sustainability programme within the UK that addresses key issues such as human rights, labour standards, environmental impacts, corruption, deforestation, litigation exposure, and risk management. Public procurement is excluded from the scope of this Practice Note. For further information on key themes within supply chain sustainability, including what supply chain sustainability is, how businesses can create a sustainable supply chain, which concerns a supply chain sustainability programme should address, the risk of failure to address supply chain sustainability, and risk mitigation, see Practice Note: Supply chain sustainability—key themes. For further information on supply chain sustainability in the EU, including further details on EU regulations, see Practice Note: Supply chain sustainability—EU. For a high-level summary

This Practice Note provides a high-level summary of key themes of comparison between the UK and EU in relation to supply chain sustainability that have arisen since the UK exited the EU on 31 December 2020 (IP Completion Day). Specifically, this Practice Note considers key areas of comparison in relation to corporate governance, environment, human rights and forced labour, fraud and corruption, and minerals but it does not cover all issues which may be relevant to supply chain sustainability. Background Supply chain sustainability refers to the management of environmental, social, and economic impacts throughout the entire lifecycle of goods and services, from raw material sourcing to final delivery and beyond. It involves embedding environmental, social and governance (ESG) principles into supply chain operations to ensure that business practices are ethical, responsible, and resilient. This includes: • environmental considerations—reducing carbon emissions, minimising waste, preventing deforestation, and using resources efficiently • social considerations—ensuring fair labour practices, protecting human rights, and promoting safe working conditions across all tiers of the supply chain • governance considerations—implementing anti-corruption measures, ensuring transparency, and complying

This Practice Note explores the concept of supply chain sustainability within the broader context of sustainable procurement and environmental, social and governance (ESG) performance, with a specific focus on key themes within private sector practices in the UK and EU. It provides practical guidance on establishing a supplier code of conduct and developing a comprehensive supply chain sustainability programme that addresses key issues such as human rights, labour standards, environmental impacts, corruption, deforestation, litigation exposure, and risk management. Public procurement is excluded from the scope of this note. For further information on supply chain sustainability in the UK, including further details on UK regulations, see Practice Note: Supply chain sustainability—UK. For further information on supply chain sustainability in the EU, including further details on EU regulations, see Practice Note: Supply chain sustainability—EU. For a high-level summary of key themes of comparison between the UK and EU in relation to supply chain sustainability that have arisen since the UK exited the EU on 31 December 2020,

This Practice Note introduces the requirements of the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) where a processor will process personal data on behalf of a controller in a commercial context. It assumes a degree of familiarity with key data protection concepts and terms and the role of key regulators. For a general introduction to EU GDPR, see Practice Note: The EU’s General Data Protection Regulation (EU GDPR). The requirements under the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) are outside the scope of this Practice Note. For more information about the requirements under the UK GDPR, see Practice Note: Supply chains under data protection law—arrangements between controllers and processors. In brief Data protection laws in the EEA (the EU plus Iceland, Norway, and Liechtenstein) seek to ensure information about living individuals (within the definition of ‘personal data’) is used fairly and responsibly. To help ensure that, the EU GDPR (which applies in the EEA) imposes a large number of obligations on those ‘processing’ personal data (and on

This Practice Note introduces the requirements of the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) where a processor will process personal data on behalf of a controller in a commercial context. This Practice Note assumes a degree of familiarity with key data protection concepts and terms and the role of key regulators. For a general introduction to data protection law, see the tab on ‘key principles and concepts’ in the UK Data Protection toolkit, which is a recommended starting point for data protection research. For a higher-level introduction to this specific topic and related issues, see: Data sharing and transactions—overview. This Practice Note forms part of the Data protection negotiation guide—controller: processor—collection, which those drafting or negotiating data protection provisions between a controller and processor may also find useful. In brief Data protection laws in the UK seek to ensure information about living individuals (within the definition of ‘personal data’) is used fairly and responsibly. To help ensure that, the UK GDPR imposes a large

CASE HUB NOTE—appeals lodged before the CAT in 1587/1/12/23 and 1588/1/12/23 ARCHIVED—this archived case hub reflects the position at the date of the decision of 23 March 2023; it is no longer maintained. See further: timeline and commentary. Case facts Outline CMA Article 101 TFEU/Chapter I investigation into alleged cartels in the market for the supply of demolition and asbestos removal services involving bid rigging. Latest developments On 8 February 2024, the High Court issued its judgment refusing an application by Mr Nicholas Brown to continue to as a director, despite having given a competition disqualification undertaking under section 9B of the Company Directors Disqualification Act 1986. Parties • Brown and Mason Group Limited (hereafter, Brown and Mason): Brown and Mason is one of Europe's largest demolition, dismantling and asbestos removal companies.• Cantillon Limited (and its parent company, Cantillon Holdings Limited) (together, Cantillon): Cantillon is one of the UK’s leading demolition and enabling works contractors.• Clifford Devlin Limited (hereafter, Clifford Devlin): Clifford Devlin is a privately-owned, family run business that provides specialist services to the construction

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 8 March 2022; it is no longer maintained. See further, timeline and commentary Case facts Outline CMA Chapter I and II CA98 investigation into suspected breaches of competition law relating to long-term exclusivity in the supply of electric vehicle chargepoints on or near motorways. Latest developments On 8 March 2022, the CMA announced its decision to accept commitments from Gridserve. These include commitments:• not to enforce exclusive rights in contracts with Extra, MOTO or Roadchef after November 2026, which currently cover around two-thirds of motorway service areas in the UK. In doing so, Gridserve has committed to reducing the length of the exclusive rights in the current contracts with MOTO by around 2 years and Roadchef by around 4 years (the contract with Extra is due to end in 2026)• not to enforce exclusive rights at any Extra, MOTO or Roadchef sites that are granted funding

CASE HUB (note–appeal lodged by Balmoral in Balmoral v CMA) ARCHIVED–this archived case hub reflects the position at the date of the decisions of 19 December 2016; it is no longer maintained. See further, Balmoral v CMAtimeline and commentary. Case facts Outline CMA Article 101 TFEU/Chapter I investigation into an alleged cartel in the market for the supply of galvanised steel tanks for water storage involving the allocation of customers, price fixing and big rigging and also the exchange of sensitive information (case CE/9691/12). Latest developments On 19 December 2016, the CMA issued two infringement decisions. Decision 1 After a settlement and admitting wrong-doing, the CMA has found that Franklin Hodge, Galglass, KW and CST engaged in a market-sharing, price-fixing and bid-rigging cartel. For this infringement, the CMA has issued the following fines:• CST–no fine as a result of being granted immunity • Franklin Hodge–£2,015,135, including 30% reduction for leniency and a 20% reduction for settling • Galglass–£587,926, including a 20% reduction for settling, and • KW–£22,248, including a 20% reduction for settling. Decision

VAT is charged on a supply of goods.

This playbook provides guidance for drafting and negotiating an agreement for the supply of goods from a pro-supplier perspective. This playbook includes a preferred position and a fallback position for the most commonly negotiated clauses. It may not, however, address every issue that may arise in the negotiation of a particular agreement. This playbook can be used by lawyers acting for the supplier (whether in-house or in private practice). Users should modify the playbook as necessary to address client-specific issues and ensure their client’s interests are fully protected. The level of risk noted in the playbook may vary depending on the client. For a template agreement, on which this playbook is based, see Precedent: Supply of goods agreement—pro-supplier. For a pro-customer template supply of goods agreement, see Precedent: Supply of goods agreement—pro-customer. For a balanced short form supply of goods agreement, see Precedent: Supply of goods agreement—short form. For further information on drafting contracts for the supply of goods, see Practice Note: Contracts for the sale and supply of goods—business to business and Drafting terms