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ICO issues draft guidance on contracts between data controllers and data processors
What must be included within a contract between a data controller and a data processor to ensure compliance with the General Data Protection Regulation (GDPR)?
Read more12 Drummers Drumming: Pa rum pum pum pum
Whilst we all like to get into the festive spirit it's not much fun if you're living next door to those drummers. In this final instalment of the festive blog series we consider what action can be taken against noisy neighbours.
Read moreHow will GDPR affect the world of internet policy and systems of domain name registration?
Data protection - ICANN/WHOIS and the GDPR
Read moreNo ICO notifications but fees continue under GDPR
The Information Commissioner’s Office (ICO) has provided guidance as to how its notificationand fee regime will change when the General Data Protection Regulation (GDPR) comes into force in May 2018.
Read moreDCMS report on cyber security for the Internet of Things
What are the risks associated with the Internet of Things and what needs to be done to make the Internet of Things safer for consumers?
Read moreEuropean Commission Recommendation on illegal content online
What new measures will be required of online hosting service providers in relation to the European Commission Recommendation on measures to effectively tackle illegal content online?
Read moreEU Online Platform Bill
Search engines, app stores and other online platforms are facing new transparency obligations in relation to their contracts with other businesses in a new EU draft Bill proposed to be introduced next year.
Read moreOnline Platforms - Commission communication on tackling illegal content online
The European Commission (Commission) has published a Communication containing nonlegally binding guidelines for online platforms on preventing, detecting, removing and disabling access to illegal content.
Read moreOnline platforms - Internet Safety Strategy green paper
The internet is now all but ubiquitous, and there are growing public concerns about online safety. The issues range from online trolling, to hate speech, to location-sharing within social media platforms.
Read moreCan TV formats be protected by copyright as artistic works?
Can TV formats be protected by copyright as artistic works?
Read moreWill a variation of the underlying agreement invalidate a guarantee?
Will a variation of the underlying agreement invalidate a guarantee?
Read moreMaking made to measure medicine: tailored to suit
Summary of key points emerging from MHRA guidance on the importance of human factors in the development of new medical devices.
Read moreWhat amounts to effective service of a notice
What amounts to effective service of a notice?
Read moreWhat constitutes the “ordinary and proper course of business”?
What constitutes the “ordinary and proper course of business”?
Read moreTrial by Social Media
In a society filled with instant news and where anyone with an internet connection can publish an opinion, is an objective unbiased jury still achievable?
Read moreUnited Biscuits: High Court rejects claims for refunds of overpaid VAT
In United Biscuits (Pension Trustees) Ltd and another v HMRC [2017] EWHC 2895 (Ch), the High Court held that pension fund management services by non-insurers are standard rated and dismissed the claimant's claim to recover VAT on investment management services for pensions.
Read more11 pipers piping: How does MEES differ in Scotland?
It's day eleven of our festive blog series: The origins of the piping pipers may not be firmly rooted in Scotland, but they brought to our minds thoughts of bagpipes, and other things that are found north of the border. The Scottish were first to implement their energy efficiency regulations but now the English and Welsh are not far behind, with MEES coming into force early next year: what will the differences between the systems be?
Read moreHealth and safety update December 2017
Welcome the the latest edition of our Health and safety update, where we look at the health and safety stories that have recently hit the headlines as well as well as the latest fines and sentences that have been handed down.
Read moreSubrogated recoveries
An accessible reference point to assist insurers in their immediate considerations relating to subrogated recoveries in 15 jurisdictions across Asia and in England and Wales
Read more10 Lords a-Leaping
It's day 10 of our blog series: The House of Lords was once the court of last resort for most cases heard in the UK. However, in 2009 those Law Lords leapt into the 21st Century and rebranded themselves as the Supreme Court of Justice.
Read moreGhosh test overturned: dishonesty according to the standards of ordinary, reasonable and honest people
The Supreme Court has held that the test for dishonesty should be assessed only by reference to whether or not the defendant's conduct is dishonest by the objective standards of ordinary, reasonable and honest people. The Court concluded that there were convincing grounds for holding that the second limb of the longstanding Ghosh test did not correctly represent the law and that directions based upon it ought no longer to be given. The Court further stated that the assessment of dishonesty in criminal and civil proceedings should be made by reference to the same test.
Read more9 Ladies Dancing: The Mayor of London protects the night-time economy
The Mayor of London published supplementary planning guidance last month, aiming to protect and enhance cultural venues across the capital and promote the night-time economy, and the draft revised London Plan could put this on a policy footing.
Read moreFinancial litigation roundup winter 2017
Welcome to the latest edition of our Financial Litigation roundup, where we share our insights into recent judgments and ongoing cases as well as new regulatory developments from the banking and financial world in the UK and Asia.
Read more8 Maids A-Milking: Milking the Consumer during the Festive Period
This article explores what's going on in the retail industry to draw in shoppers at this crucial time of year.
Read moreFIDIC Rainbow Suite: Second Editions unveiled
18 years after the publication of the original editions, FIDIC released its Second Edition Red (Construction), Yellow (Plant and Design Build) and Silver Books (EPC / Turnkey Projects) at the FIDIC Users' Conference in London last week. The philosophy behind the revised contracts is greater clarity and transparency with an emphasis on avoiding disputes and quickly resolving them when they do arise. We highlight some of the key changes within this note.
Read moreKey legal pitfalls of starting up: Protect your confidential information
Good commercial practice and robust contractual agreements are essential to safeguard confidential information.
Read more7 Swans-a-Swimming: new regulations are there to protect them
It's day seven of our festive blog series: The Conservation of Habitats and Species Regulations 2017 have come into effect. What do they say for the likes of our swimming swans?
Read moreBarclays Wealth Trustees - normal meaning to apply to 'settlement' for IHT purposes
In Barclays Wealth Trustees (Jersey) Ltd and Michael Dreelan v HMRC [2017] EWCA Civ 1512, the Court of Appeal has confirmed that inheritance tax will not apply in circumstances where a transfer between excluded property settlements takes place after a settlor becomes domiciled in the UK.
Read moreInitial Coin Offerings – the digital financing process under global scrutiny
In an era of social media platforms and the like, the technological world creeps into its corporate counterpart of today. Initial Coin Offerings (ICOs) storm the corporate world by force, but what does the future hold for the new phenomenon?
Read more6 Geese A-Laying: The Significance of laying the Golden Brick
What does the term "Golden Brick" mean, who uses it and why? In this article we explore the usefulness of the golden brick, the formalities which determine whether it applies and alternative approaches.
Read moreIndependent inquiry launched into malpractice of Ian Paterson
The Department of Health has announced the launch of an independent inquiry into the circumstances and practices surrounding the activity of convicted breast surgeon Ian Paterson.
Read more5 gold rings: a sensible way of paying for your Christmas shopping?
It's day five of our festive blog series: Gold is rare as a payment form these days, and cash is becoming increasingly so. Whilst retailers and consumers are embracing cashless payments, they are not without their risks.
Read moreTax update December 2017
In this month’s update we report on HMRC’s increased activity in respect of the so-called Panama Papers; HMRC’s new guidance in relation to “enablers” of defeated tax avoidance schemes; new settlement terms concerning disguised remuneration; and HMRC’s updated Litigation and Settlement Strategy
Read more4 Calling Birds – it's good to talk…
How will the new electronic communications code affect telecoms providers?
Read moreKey legal pitfalls of starting up: Agreeing the deal with your co-founders
RPC advice on agreeing the deal with your start-up co-founders, including a list of key considerations, which can prevent expensive disagreements in the future.
Read more3 French hens: are too many of our house-building eggs in their baskets?
We couldn't pass up the opportunity to mention Brexit – its potential impact on the rate at which we are building out new homes has been in the news a lot recently, with fears over the loss of foreign workers and slowdown across the economy.
Read moreJiminez: High Court quashes information notices issued to non-UK resident taxpayer
In Jimenez v (1) HMRC & (2) The First Tier Tax Tribunal [2017] EWHC 2585 (Admin), the High Court has quashed an information notice given by HMRC to a non-UK resident taxpayer.
Read moreChanges to business rates calculations are good news for retailers
The government announced two changes to business rate annual increases in the Autumn budget, moving from RPI to CPI in April 2018 (rather than 2020 as originally proposed) and shortening the revaluation cycle. It is good to see that the government has listened to concerned businesses but will the changes go far enough?
Read more2 Turtle Doves
Most leases of both commercial and residential premises include an express quiet enjoyment covenant, but what does this actually mean, and how can you ensure peace is retained.
Read moreA Partridge in a Pear Tree
This is the first of a series of blogs we shall be posting in the run up to Christmas based upon The Twelve Days of Christmas carol with a property theme. We hope you enjoy reading them and have a very merry Christmas.
Read moreEngagement news
Manufacturers and insurers may have missed Prince Harry's news on Monday in the general excitement surrounding the Government's Industrial Strategy, announced on the same day.
Read moreVAT update November 2017
In this month’s update we report on the Office of Tax Simplification’s first report on VAT, the draft regulations concerning the fulfilment house due diligence scheme, and HMRC’s revised guidance on input tax deduction for funded occupational pension schemes.
Read moreTrump calls out Chinese IP practices
Although Donald Trump implicitly calling Kim-Jong Un 'short and fat' might have stolen the headlines, the President's first official visit to Asia has also indicated that he is serious about his 'America First' policy, and protecting intellectual property.
Read moreBereavement Damages incompatible with European Convention on Human Rights
Consideration of the Court of Appeal decision in Smith v Lancashire Teaching Hospitals NHS Foundation and others that restriction on awards for bereavement damages under the Fatal Accidents Act 1976 are incompatible with the European Convention on Human Rights.
Read moreKey legal pitfalls of starting up
Introduction to the RPC blog series 'key legal pitfalls of starting up' – a guide for Insurtech start-ups. Contains top-tips on legal issues.
Read moreA step closer
Matthew Griffith and Neil Brown explore Lloyd's SPAs as an alternative for new market entrants to standalone syndicate formations and M&A
Read moreBekoe: Tribunal cancels discovery assessments and penalties issued to taxpayer
In Edwin Bekoe v HMRC [2017] UKFTT 772, the First-tier Tribunal (FTT) has held that the taxpayer was not liable to assessments and penalties where he had demonstrated that deposits paid into his brother's bank account were loans and not undeclared taxable trading income and HMRC's reliance on the "assumption of continuity" principle had been misplaced.
Read moreSFAT fines HSBC Private Bank record-breaking HK$400 million and suspends its securities licenses
On Tuesday (21 November 2017), Hong Kong's Securities and Futures Appeals Tribunal fined HSBC Private Bank (Suisse) SA HK$400 million, suspended its license to advise on securities and partially suspended its license to deal in securities, for one year. The previous largest fine was HK$30 million.
Read moreMobile health app developers take note – the importance of patient safety
'Natural Cycles' and 'GP at Hand' are examples of apps revolutionising healthcare. Developers must take all appropriate steps to mitigate the risk of harm to patient safety.
Read moreProduct liability update November 2017
A round-up of some of the recent stories making the news, from automated vehicles to food safety and product advertisements.
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