The issues relevant to this scenario are potentially very broad and can be grouped into the following three categories: • processing of the personal data (mainly names and addresses) necessary to send the marketing to recipients • content of marketing material itself • relationship between the advertiser and the product owner or licensor This Q&A addresses the first two categories and does not seek to address contractual or intellectual property issues between the advertiser and the third party, or any other potentially relevant matters. Does the GDPR apply? The General data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) applies to the processing of personal data. Postal marketing to named individuals from a pre-existing customer database will almost certainly involve the processing of some personal data. The GDPR does not apply to general leaflet drops, circulars, inserts, field marketing, media adverts or other marketing channels which are not individually addressed. If, however, the name of the intended recipient of postal marketing is known, GDPR obligations cannot be

Both the General Data Protection Regulation Regulation (EU) 2016/679 (the GDPR), and the Privacy and Electronic Communications (EC Directive) Regulation 2003 (PECR 2003), SI 2003/2426 need to be applied when considering the use of a bought-in marketing list for sending direct marketing emails. The extent to which the database can be used by the buyer for marketing will primarily depend on the nature of the consents that were obtained by the seller usually, but not always, at the time the individuals’ email addresses were initially obtained. The Information Commissioner’s Office (ICO), in its guidance on the use of marketing lists, advises caution: ‘You must be very careful before using bought-in lists for recorded calls, texts or emails. You can only use them if all the people on the list specifically consented to receive that type of message from you. Generic consent covering any third party will not be enough.’ It goes on to say: ‘You must make checks to satisfy yourself that any list is accurate and

The General Data Protection Regulation (GDPR) applies to postal marketing only if the communication is addressed to a named individual or if any personal data is processed ‘behind the scenes’ as part of the activities of the advertiser. Addressing a communication to ‘the occupier’ or ‘the homeowner’ does not circumvent the application of the GDPR if the advertiser has names on a database but chooses not to use them. See paragraph 154 of the Information Commissioner’s Office Direct Marketing guidance. The Privacy and Electronic

This Q&A refers to signs in car parks aimed at consumers. We have focussed on the requirements of the signs as well as the laws around limiting liability for consumers. Consumer rights The Consumer Rights Act 2015 (CRA 2015) covers consumer rights and remedies for the sale of goods, supply of digital goods, and supply of services, and reforms the law on unfair terms in consumer contracts. For further information, see Practice Note: Consumer Rights Act 2015—summary and the government commentary: Explanatory Notes: Consumer Rights Act 2015. Unfair terms Effectively CRA 2015 merged Unfair Contract Terms Act 1977 (UCTA 1977) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999), SI 1999/2083 (for consumer contracts, UCTA 1977 continues to apply to business to business contracts) and the CRA 2015 retained existing provisions on unfair terms. The fairness test is extended to consumer notices (CRA 2015, s 61). The fairness test will be extended to consumer notices if they relate

An appeal against conviction to the Crown Court is by way of rehearing before a judge and justices. See section 108 of the Magistrates’ Courts Act 1980, section 79 of the Senior Courts Act 1981 (SCA 1981), and Criminal Procedure Rules 2020 (CrimPR), SI 2020/759, Pt 34 ((CrimPR), SI 2020/759, r 4.1) The appellant must send written notice of the appeal (the appeal notice) to the court officer of the magistrates' court and to any other parties to the appeal within 15 business days of the decision which is being appealed (CrimPR, SI 2020/759, r 34.2). The notice of appeal should include (CrimPR, SI 2020/759, r 34.3): • details of the conviction the appellant seeks to appeal • a summary of the issues on appeal • the identity (or identities) of the following: ◦ the witness(es) who gave oral and/or written evidence in the magistrates’ court ◦ the prosecution witness(es) whom the appellant will want to question if they are

The most common form of self-varying orders is one that increases annually in line with the Retail Prices Index (RPI) or the Consumer Prices Index (CPI) (otherwise known as ‘index linking’). The standard accepted form of wording is in accordance with the Precedent: Standard order 2.1—financial remedy order. Inflation in recent years had been low and therefore annual increases in line with the RPI/CPI were modest, although it should be borne in mind that the cumulative effect of an RPI provision over many years can be significant and should lead to a periodical payments order being inflation-proof. Recent significant increases in inflation mean that RPI/CPI index linking provisions will have a significant impact on a year-on-year basis. Without such a provision, the value of a periodical payments order will be readily eroded. Care should be taken as to how such a provision should be drafted, particularly where there may be a period of deflation. If the order provides for a variation of the order reflecting changes in the RPI

What are prize promotions? Prize promotion activities can be structured in many ways (examples include free prize draws, competitions and lotteries) and in turn each of these formats can be structured in different ways, for example: • a free prize draw could be administered as an instant-win, pre-selected winner, winner selected at random, or winner selected at random but against a pre-determined criteria • a lottery could be structured as either a simple lottery or complex lottery (see Practice Note: Prize promotions for more details) • a competition may be dependent on any manner of skills, judgment or knowledge, such as crosswords or photographic skill When running a prize promotion it is important to be very clear on how the particular promotional activity is structured because that will affect which rules and regulations the activity needs to comply with. For more information, see Practice Note: Prize promotions and also theGambling Commission Guidance on prize promotions. Which legislation and regulatory guidance govern prize promotions? Prize promotions are

Dispute Resolution analysis: This case dealt with a few issues in relation to costs, but the headline issue determined by the court was whether any sanction should apply for the failure by the claimant to file and serve a statement of costs 24 hours before the hearing, as required by CPR PD 44, para 9.5(4). The court gave guidance as to the correct approach in such a situation and held that there was no prejudice suffered by the defendant, therefore costs would be assessed in the usual way. Other issues determined by the court were that an order other than the usual ‘costs in the case’ was appropriate for the hearing which, while listed as a standard directions hearing, turned essentially into a fully contested application hearing, and that the assessment of costs should be on the indemnity basis due to the defendant’s conduct in pursuing a position rejected previously by the court. Written by Michelle Walton, solicitor advocate, Partners in Costs.

The articles of association constitute a contract between the members and the company (Companies Act 2006, s 33(1)), not the directors, so it is unlikely that an action could be brought directly against a director by the other directors for breach of the articles. However, it might be that the director in question is also a shareholder, in which case the other members and/or the company (or directors on behalf of the company) might be able to bring an action against that shareholder/director for breach of contract (ie the articles). Further detail

See subtopic: Regulation of healthcare providers—overview which you may find useful. Under the Health and Social Care Act 2008 (HSCA 2008), the Care Quality Commission (CQC) has the power to, at any time, cancel or suspend a person's registration as a service provider or manager for a specified period (see HSCA 2008, ss 17 and 18). Except where the Commission gives notice, this power is exercisable only on the ground that: • the regulated activity is being, or has at any time been, carried on otherwise than

Commercial conveyancing companies such as Groundsure provide High Speed 2 (HS2) and Crossrail searches to help determine whether properties are affected by Crossrail or HS2. In terms of Crossrail specifically, it may also be worth submitting an enquiry with the Crossrail property search service, to understand how the property is likely to be affected

Can my client apply for leave to remain under Tier 2 even though a new sponsor’s licence has not yet been granted? If an application is lodged under the Immigration Rules pertaining to Tier 2 and a decision is made without your client being in possession of a Certificate of Sponsorship (CoS), you will need to advise your client that it will fall for refusal. If the client’s leave is due to expire shortly and they have been offered a job which will qualify under Tier 2 by an employer that needs to obtain a sponsor licence, it is important to make a request to the Sponsor Licensing Unit for the licence application to be expedited. You should ask for the application to be decided by, or in advance of, the date that the individual’s leave is due to expire. Can I ask the Home Office to hold off on making a decision on the leave to remain application