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NEWS
Information Law analysis: This News Analysis summarises the Information Commissioner’s Office (ICO)’s position on developing and deploying generative AI in compliance with data protection law. The key considerations highlighted by the ICO in this context are the lawful basis for web scraping, the accuracy and purpose limitation principles, data subject rights and controller/processor designation. The ICO’s positions are likely to evolve and organisations should continue to monitor developments. Written by Eleonor Duhs, partner and the head of data and privacy at Bates Wells LLP.
PRACTICE NOTES
ARCHIVED : This archived Practice Note focuses on the Directive on the activities and supervision of Institutions for Retirement Provision (IORPs), also known as the ‘IORP II Directive’ or IORP II. It is not maintained. IORP is the term used under EU law to refer to pension schemes. IORP II replaced the 2003 IORP Directive 2003/41/EC (repealed). It was adopted into EU law in December 2016 and was implemented into UK law on 13 January 2019. While IORP II has been implemented into UK domestic law, the directive itself does not form part of domestic law (not even as assimilated law). Purpose of IORP II The repealed 2003 IORP Directive was adopted in June 2003 and was then implemented by individual states within the EU. It sought to set out a pan-European framework for the operation of pension schemes and included mandatory requirements in key areas such as the funding of defined benefit (DB) schemes and the investment of scheme assets. It was also intended to enable schemes located in one EU Member State
NEWS
TMT analysis: The claimants recorded two series of comedy shows set in a comedy club, which were released on a YouTube channel. The defendants produced a series of five shows, which were broadcast on ‘Dave’ and later made available for streaming on UKTV Play. There are regularly disputes about whether a format of a TV programme is a copyright work. More broadly, there is a blurry boundary between what is an idea (which is not protected by copyright) and the expression of an idea (which is). This is an interesting case about format rights where the court found that the features identified by the claimants did not amount to a copyright work. The judge also declined to draw an inference that the work had been copied anyway. Written by Giles Parsons, partner at Browne Jacobson, and Rich Edwards-Earl, associate at Browne Jacobson.
Q&As
As confirmed in the Practice Note: Applying under the Hong Kong British National (Overseas) route, the Immigration Rules for settlement in the route are found in Immigration Rules, Appendix Hong Kong British National (Overseas), paras HK 57.1–HK 64.2. These are the same requirements for all types of applicant in the route unlike is the case for, eg simplified work routes which lead to settlement, which have different requirements for dependent partners and children (see Practice Note: Children of work, investment and study migrants/Settlement). And in this regard, while those routes do not include a five-year qualifying continuous residence requirement for dependent children, the current Hong Kong BN(O) Rules do not exempt children from this requirement (para HK 62.1). We can
NEWS
Life Sciences analysis: The In Vitro Diagnostic Medical Devices Regulation (IVDR) (Regulation (EU) 2017/746) becomes applicable on 26 May 2022. Lisa Page, partner, and Mary-Clare Palmer, associate, at Penningtons Manches Cooper take a deep-dive into what changes are introduced, discuss serious challenges to and impact of its implementation on the heels of last year’s Medical Devices Regulation (MDR) (Regulation (EU) 2017/745) and analyse the wider sector impact for EU medical device access and innovation. They also provide a helpful breakdown of the recently amended transitional provisions further to its guidance and consider what next for manufacturers with devices on the market in Europe and the UK.
GLOSSARY
The Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) is the main tax legislation governing employee share schemes and employment-related securities.
PRACTICE NOTES
STOP PRESS: On 19 June 2025, the Data (Use and Access) Bill received Royal Assent, becoming the Data (Use and Access) Act 2025 (DUAA 2025) and coming partly into force on that date. Certain provisions of DUAA 2025, concerning matters such as responding to data subject access requests and the conferring of power to make further regulations, came into force immediately on 19 June 2025. Other provisions, concerning notices from the Information Commissioner and some aspects of law enforcement processing, came into effect on 19 August 2025 (being two months from the date of Royal Assent). The majority of DUAA 2025’s provisions required further regulations (in the form of statutory instruments) to be made to bring them into force. Parts 5 and 6 of DUAA 2025 serve to amend aspects of data protection and ePrivacy law in the UK, including the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426. The majority of the provisions
PRACTICE NOTES
The Information and Consultation of Employees Regulations 2004 (ICER 2004), SI 2004/3426 enable employees of large and medium-sized employers (undertakings employing 50 or more) to join together to require their employer to institute a structured and prescribed mechanism for informing and consulting employees about certain aspects of the operation of their business. ICER 2004 were brought into force to implement the Information and Consultation Directive 2002/14/EC. Other obligations to inform and consult may arise for larger transnational organisations. These include the requirements of the European Public Limited-Liability Company Regulations 2004, SI 2004/2326 (outside the scope of Lexis+® UK Employment) and of the Transnational Information and Consultation of Employees Regulations 1999, SI 1999/3323 (see Practice Note: European works councils). Duties to inform and/or consult may also arise in certain specific situations, such as proposed transfers to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 apply (see Practice Note: TUPE—information and consultation), proposed collective redundancies (see Practice Notes: Collective redundancy—the triggers for the statutory consultation obligations and Collective
Q&As
Where creditors choose to vote at meetings by proxy, other persons attending the meeting have a right to inspect those proxies. The Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 16.6, provides that such inspection should be 'immediately before or during the meeting'. While we are not aware of any case law on this specific point, the courts have
CHECKLISTS
This Checklist has been archived and is not maintained. The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) were laid before Parliament on 25 October 2016 and are in force from 6 April 2017. They are intended to consolidate the Insolvency Rules 1986, SI 1986/1925 (IR 1986) and all statutory instruments amending the IR 1986, SI 1986/1925 (which are all repealed), modernise and simplify the language used, and incorporate changes made in the law. For materials under the law prior to 6 April 2017, see Practice Note: Formal creditors’ committees. This Checklist is a summary destination table for the rules applicable
PRACTICE NOTES
The Insolvency (Protection of Essential Supplies) Order 2015 (I(PES)O 2015), SI 2015/989 was made on 26 March 2015 and, in accordance with article 1(1), came into force on 1 October 2015. The purpose of I(PES)O 2015, SI 2015/989 is stated in its explanatory memorandum to: • amend the Insolvency Act 1986 (IA 1986) 'to prevent essential IT and utility suppliers of businesses on certain formal insolvency procedures from exercising contractual rights to terminate the supply or to increase charges to the insolvent company on account of the insolvency', and • 'ensure that insolvency practitioners are able to secure supplies that are essential to facilitate a prospective rescue of the business' and provide 'safeguards for those suppliers who will be affected to ensure they may terminate the contract or the supply in certain specific circumstances' The Corporate Insolvency and Governance Act 2020 (CIGA 2020) introduced a new IA 1986, s 233B, which provides that suppliers of goods or services are unable to rely on contractual clauses allowing for
NEWS
The Insolvency Service has announced that Lighthouse International Group Holdings Trading LLP (Lighthouse), a mentoring and coaching company, has been wound up in the public interest by the High Court. The court found that Lighthouse had failed to cooperate with the Insolvency Service’s investigation and had also filed misleading or false accounts.