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Unfair Contract Terms Directive | Fairness of term containing possibility of creating a significant imbalance
When should the fairness of a term be assessed in a consumer contract?
Read moreNew “right to repair” regulations due Summer 2021
What requirements will manufacturers and importers of consumer goods, particularly electronic displays, need to meet under new “right to repair” rules?
Read moreEuropean Commission awards draft adequacy decision to the UK
How can data transfers between the UK and the EU be securely and legally executed following Brexit?
Read moreEuropean Council makes progress on the ePrivacy Regulation
Where have the negotiations on the ePrivacy Regulation got to and what comes next?
Read moreICO launches data analytics toolkit
What’s in the ICO’s new data analytics toolkit, and how far down the privacy compliance road does it take you?
Read moreEuropean Data Protection Board (EDPB) issues draft guidelines for data breach notification
What more could be done to aid data controllers in responding to personal data breaches and the practical considerations they face while operating under the General Data Protection Regulation (GDPR)?
Read moreEDPB adopts guidelines on virtual voice assistants
Virtual voice assistants (VVAs) are becoming mainstream. What are the data protection implications and how does the European Data Protection Board (EDPB) suggest you address them?
Read moreDCMS publishes prototype trust framework on digital identity products and services
What is the potential impact of the trust framework on the provision and use of digital identity services published by the Department for Digital, Culture, Media & Sport (DCMS)?
Read moreICO resumes investigation into real time bidding (RTB) and AdTech
What will be the ultimate impact of the ICO’s continuing investigations into RTB and AdTech?
Read moreLeads Works lands £250,000 fine for sending marketing messages without consent
What level of fine are you looking at for sending mass marketing messages without consent?
Read moreUK publishes response to consultation on online harms
What does the government’s response to its consultation on the Online Harms White Paper mean for “Big Tech”?
Read moreThe EDPS publishes its opinion on the Digital Services Act and Digital Markets Act
The question: What recommendations has the European Data Protection Supervisor (EDPS) made in respect of the EU’s proposed Digitals Services Act (DSA) and Digital Markets Act (DMA)?
Read moreOfcom introduces new rules protecting the mental health of those participating in TV and radio
The question: What measures will TV and radio broadcasters have to put in place to protect the mental health of participants?
Read more"Change in law" provisions: COVID-19 and leisure facilities
Westminster City Council v Sport and Leisure Management Ltd [2021] EWHC 98 (TCC)
Read moreSnapshots Spring 2021: Your data fix
A roundup of key legal developments in data for the modern commercial lawyer.
Read moreData privacy in China Measures for the Supervision and Administration of Online Transactions
On 15 March 2021, the State Administration for Market Regulation in Mainland China officially approved the Measures for the Supervision and Administration of Online Transactions (the “Measures”), which came into force on 1 May 2021.
Read moreSingapore Court of Appeal issues landmark decision in first cryptocurrency related trial
Quoine Pte Ltd v B2C2 Ltd [2020] SGCA(I) 02
Read moreHong Kong crypto regulation | Proposed decision in first cryptocurrency related trial mandatory licensing and supervisory regime for Virtual Asset Service Providers (VASPs)
In November 2020, the Financial Services and Treasury Bureau (FSTB) issued a public consultation paper proposing a new mandatory licensing and supervisory regime for all VASPs under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) (AMLO).
Read moreCatching up data privacy laws in Asia are changing
The data privacy landscape in Asia is varied, complex and evolving. We are already seeing the wheels of change in motion as the data privacy laws of several Asian jurisdictions are being updated to reflect more closely the European data protection regime. This article summarises some of those changes.
Read moreThe Month That Was – May 2021 – the first interest only mortgage trial from Pure Legal and an update on issues facing D&O insurers
Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.
Read moreHargreaves - Burden of proof on HMRC in taxpayer information notice appeals
In Hargreaves and others v HMRC [2021] UKFTT 80 (TC), the First-tier Tribunal (FTT) confirmed that the burden of proof in an appeal against an information notice issued under paragraph 1, Schedule 36, Finance Act 2008 (FA 2008), is on HMRC.
Read moreThe beginning of the end for tax havens?
Over the weekend it was widely reported that the 'G7' nations had agreed a deal on global tax reform.
Read moreShifting sands: insuring tax risks
In a special cross-over episode with our sister podcast Insurance Covered, this episode of Taxing Matters looks at the growth in popularity of tax liability insurance.
Read moreTale as old as time: music ownership, is it time for industry-wide change?
Taylor Swift's battle with her former record label, Big Machine Label Group, and its buyer, Ithaca Holdings LLC, has been widely documented in the press over the last few years. This saga is another example of the exploitation that is rife within the music industry, but will Swift's experience finally bring about change? Fellow 'Swifties' and I hope so.
Read moreSports Ticker (3 June 2021) - Parkrun, F1 Salary Cap and Copa America - a speed-read of key commercial updates from the sports world
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read moreHigh Court reminds us of the principles of res judicata and abuse of process
The court has and will act to prevent claims being re-litigated by parties not content with earlier outcomes; Elite Property Holdings Limited v Barclays Bank(1)
Read moreTax Bites - June 2021
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreDelays expected: why high-speed rail projects are failing worldwide
Throughout history, railways have been a universal symbol across the world of prosperity and innovation. From the steam railways spanning swathes of the American West in the 1800s, to the futuristic bullet trains of Japan, for centuries nations have invested heavily in the construction of new trainlines to embrace modernity and connect various far-flung cities. As rail journeys become more and more ubiquitous, with 463 million rail journeys undertaken in the UK in 2019-2020, high speed rail seems to be the logical next step to make rail travel faster, more efficient and greener…in theory.
Read moreRedundancy in Hong Kong – An employer's guide to the law, process and practical considerations
For a lot of companies, the last 18 months in Hong Kong has been undoubtably challenging. As a result of the uncertainties with the protests, lack of international travel and the COVID-19 pandemic, employers have been looking at making redundancies in order to survive.
Read moreThe crisis at Lloyd's in the 1980s (a podcast with Reg Brown)
Welcome to Insurance Covered. In this episode we revisit the 1980s crisis in the Lloyds market, examining the factors that led up to it and how it was ultimately resolved with the help of Lloyd's veteran Reg Brown.
Read moreDaarasp – Loss claims denied as closure notices were valid
In Daarasp LLP & Betex LLP v HMRC [2021] UKUT 0087, the Upper Tribunal (UT) upheld the First-tier Tribunal's (FTT) decision and dismissed the taxpayers' claims for losses as the conclusions in HMRC's closure notices were not inconsistent with the losses being reduced to zero in the taxpayers' returns.
Read moreInfluencers and retailers remain under intense ASA scrutiny
Influencers, and the retailers whose products they are advertising, continue to be put under the Advertising Standards Authority's (ASA) microscope for failing to comply with ad rules. The ASA has put influencers and brands on notice after a monitoring sweep of influencer posts carried out last year revealed widespread failures to adequately disclose ad content. Following the monitoring sweep, the ASA has also released practical guidance to help educate influencers and ensure any ads they post are CAP Code compliant.
Read moreA tale of loss, limitation and a flawed transaction: why a loss may not feel like a loss
A recent Court of Appeal decision, Elliott v Hattens [2021] Civ 720, has once again raised the vexed issue of when the limitation period starts to run in a flawed transaction case. Does it start running immediately or at some later date? .
Read moreRPC Bites #32 - breaking news: the EU rejects Amendment 171 on dairy descriptors, mixed alcoholic and alcohol-free beer packs hit Tesco's shelves and the CMA issues draft guidance on green claims
Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!
Read moreV@ update - May 2021
Welcome to the May 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreCMA draft guidance has greenwashing in its sights
After launching its investigation into environmental claims last November 2020, the CMA has now published draft guidance to help businesses understand and comply with their existing consumer law obligations when making environmental claims. The draft guidance is open for consultation until 16 July 2021 with the final guidance set to be published by the end of September 2021.
Read moreComtek – Counteraction steps taken after Follower Notice deadline can reduce penalty
Follower notice penalty for SDLT scheme follower notice reinstated but reduced by Upper Tribunal, and guidance given as to meaning of 'counteraction' in APN / accelerated payment notice context.
Read moreA meaty debate: traditional vs lab-grown alternatives
This January, a record 500,000 people pledged to eat only plant-based food as part of Veganuary, but avoiding meat may not be the only way to eat sustainably.
Read moreSports Ticker (25 May 2021) - Tokyo Olympics' vaccinations, Premier League NFTs and Lineker v HMRC
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read morePhilip Warren & Son v Lidl – No case of mi-steak-en identity
The High Court has dismissed a passing off claim brought by Philip Warren & Son Limited (PWS) against well-known supermarket, Lidl. The decision ultimately turned on the fact that PWS presented "insufficient evidence of a significant level of operative misrepresentation to any category of PWS' customers".
Read morePhilip Warren & Son v Lidl – No case of mi-steak-en identity
The High Court has dismissed a passing off claim brought by Philip Warren & Son Limited (PWS) against well-known supermarket, Lidl. The decision ultimately turned on the fact that PWS presented "insufficient evidence of a significant level of operative misrepresentation to any category of PWS' customers".
Read moreLawyers Covered - May 2021
Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.
Read moreWhat if the CEO asks me about... whether we are all set for an advertising blitz now lockdown is easing?
As lockdown eases in the UK and businesses start to fully re-open, there has been a significant upturn in advertising. Many brands are urgently rushing to get their advertising out and are looking for the best placement of that advertising.
Read moreTax fraud: The rise of the professional enabler
In this episode, we are joined by Simon York, Director of HMRC's Fraud Investigation Service (FIS). Created only five years ago, FIS has already secured 3,700 criminal convictions for serious fraud and protected over £25 billion in assets.
Read moreExceptions to the without prejudice rule – another retrenchment
The Court of Appeal has resisted the temptation to provide clarity on the scope and application of the so-called Muller(1) exception to the without prejudice rule. In Berkeley Square Holdings Limited v Lancer Property Asset Management Limited(2), it indicated that recent first instance decisions had strayed beyond the facts in Muller, a development that might widen the scope of the exception unjustifiably.
Read moreTake 10 #14
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreEuromoney – Tribunal considers 'main purpose' test
In Euromoney Institutional Investor PLC v HMRC [2021] UKFTT 0061 (TC), the First-tier Tribunal (FTT) upheld the appellant's appeal, finding that the avoidance of liability to tax was a purpose, but not the main purpose, or one of the main purposes, of the relevant arrangements, for the purposes of section 137(1), Taxation of Chargeable Gains Act 1992 (TCGA).
Read moreRedundancy – The law in Hong Kong
In the current climate, it is inevitable that some employers may have to contemplate making redundancies to trim overhead costs in order to survive. Many industries in Hong Kong have been heavily impacted by the pandemic, forcing employers to make difficult decisions in respect of business operations and the retention of employees.
Read morePatents Court finds alleged penalty clause is firm but fair
The Patents Court recently held that provisions in a settlement agreement, which restricted the ability to challenge IP rights in the future, were enforceable and did not amount to penalty clauses, as the defendant contended.
Read moreNew RICS Guidance for Risks, Liability and Insurance April 2021
The RICS have produced a new Guidance Note entitled "Risks, Liability and Insurance", which came into effect on 1 April 2021. This note is a must read for surveyors and provides practical advice for risk management and the points to consider when seeking professional indemnity cover.
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