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Cyber_Bytes - Issue 33

Published on 16 June 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Senior Associate and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Ridvan Canbilen, Associate

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Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

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Blog

William Grant & Sons v Lidl: where to be-gin?

Published on 16 June 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Senior Associate

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On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.

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Blog

William Grant & Sons v Lidl: where to be-gin?

Published on 16 June 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Senior Associate

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On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.

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Blog

Tooth – Supreme Court rejects the concept of 'staleness' and confirms the meaning of 'deliberate'

Published on 16 June 2021. By Rebekka Sandwell, Senior Associate

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In HMRC v Tooth [2021] UKSC 17, the Supreme Court, in dismissing HMRC's appeal, confirmed that a discovery assessment issued under section 20, Taxes Management Act 1970 (TMA) will not be invalid because a large period of time had elapsed between the discovery being made and the assessment being issued by HMRC and that for a taxpayer to bring about a loss of tax as a result of a deliberate inaccuracy in a document there must be an intention to mislead HMRC.

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Blog

RPC Bites #33 – Battle of the gins, the future of soft plastics and serious food for thought for advertisers of HFSS products

Published on 15 June 2021. By Ciara Cullen, Partner and Ben Mark, Partner

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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!!

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Blog

The Great British (Local) High Street

Published on 14 June 2021. By Dea Gagoshidze, Trainee Solicitor and Simon Edwards, Partner

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There is no doubt that the UK high street has been hit hard in recent years, not least by the impacts of the COVID-19 pandemic. But alongside the headline grabbing news of shop closures, there were in fact over 7,500 new shop openings between 1 January 2020 and 31 December 2020.

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Blog

Streaming platforms to consolidate? "The stuff that dreams are made of"

Published on 10 June 2021. By Sophie Parkinson, Trainee Solicitor

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Discovery and AT&T's WarnerMedia are merging to create a streaming behemoth named Warner Bros. Discovery, and Amazon is reportedly in talks to acquire Metro Goldwyn Mayer (MGM). Will this mark a trend in the consolidation of streaming platforms, and what are the implications?

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Snapshot

Snapshots - Spring 2021

Published on 09 June 2021. By Oliver Bray, Senior Partner

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A roundup of key legal developments for the modern commercial lawyer.

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Snapshot

Three Mobile claim to be “the best network for data” misleading

Published on 09 June 2021. By Oliver Bray, Senior Partner

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What are the limits and substantiation requirements on advertisers in relation to claims on being the “best network for data” in the telecommunications sector?

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UK authorities consider position of AI in preparation for a new Golden Age of Tech

Published on 09 June 2021. By Oliver Bray, Senior Partner

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The question: What direction is the UK taking regarding policies on artificial intelligence (AI)?

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Snapshot

ASA upholds misleading “Jab & Go” claim against Ryanair

Published on 09 June 2021. By Oliver Bray, Senior Partner

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How careful do you need to be in your ads when using phrases such as “Jab & Go” or “Vaccine?”

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Snapshot

Avoiding “Fake Views” – CAP publishes guidance on testimonials and endorsements

Published on 09 June 2021. By Oliver Bray, Senior Partner

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What enforcement options are available against marketers who use fake reviews to promote their goods or services?

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Snapshot

Committee of Advertising Practice publishes guidance for marketing on TikTok

Published on 09 June 2021. By Oliver Bray, Senior Partner

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What does the Committee of Advertising Practice’s (CAP) new guidance note on marketing on TikTok tell us about making compliant ads for the platform?

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Snapshot

ASA upholds Ladbrokes gambling ad as socially irresponsible for problematic behaviour

Published on 09 June 2021. By Oliver Bray, Senior Partner

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Is a gambling ad that features potentially problematic behaviour socially irresponsible?

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Snapshot

ASA rules “was” pricing claim by Watches of Switzerland as misleading

Published on 09 June 2021. By Oliver Bray, Senior Partner

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How long does it take for a lower price claim to become the “usual” selling price for a product? What if the previous higher price ran for three years, and the lower price is in place for ten months? Does this period of time negate the ability to use the higher price as a “was” price comparison?

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Snapshot

ASA upholds use of filters in social media beauty ads as misleading

Published on 09 June 2021. By Oliver Bray, Senior Partner

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Should influencers be allowed to use filters when advertising cosmetic products?

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DCMS begins inquiry into influencer culture and the power of influencers in marketing

Published on 09 June 2021. By Oliver Bray, Senior Partner

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What are the UK government’s future plans for influencer marketing

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Snapshots Spring 2021: Your advertising and marketing fix

09 June 2021

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A roundup of key legal developments in advertising and marketing for the modern commercial lawyer.

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Snapshot

The Technology & Construction Court considers when damages will be awarded for wrongful termination of a services agreement

Published on 09 June 2021. By David Cran, Head of IP and Tech

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CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC)

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Snapshot

Commercial Court uses its freezing injunction powers in the battle to identify crypto fraudsters

Published on 09 June 2021. By David Cran, Head of IP and Tech

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Ion Science Ltd v Persons Unknown (Unreported, 21 December 2020)

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Snapshot

Data Subject Access Requests | High Court declines to issue order compelling compliance with multiple DSARs when used abusively or for an alternative purpose

09 June 2021

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Can the courts decline to order compliance with data subject access requests (DSARs) if they are used abusively or for a purpose other than acquiring personal data?

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Snapshot

Penalty clause regarding IP rights harsh but not unenforceable

Published on 09 June 2021. By David Cran, Head of IP and Tech

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Permavent Ltd and another v Makin [2021] EWHC 467 (Ch)

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Snapshot

Making online games safer by design

Published on 09 June 2021. By Oliver Bray, Senior Partner

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How does the UK Gambling Commission’s new rules modify online game design?

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Government to review the Gambling Act

Published on 09 June 2021. By Oliver Bray, Senior Partner

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What legislative changes are being considered to address the risks associated with modern gambling?

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Unfair Contract Terms Directive | Fairness of term containing possibility of creating a significant imbalance

09 June 2021

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When should the fairness of a term be assessed in a consumer contract?

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New “right to repair” regulations due Summer 2021

Published on 09 June 2021. By Oliver Bray, Senior Partner

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What requirements will manufacturers and importers of consumer goods, particularly electronic displays, need to meet under new “right to repair” rules?

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Snapshot

European Commission awards draft adequacy decision to the UK

09 June 2021

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How can data transfers between the UK and the EU be securely and legally executed following Brexit?

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European Council makes progress on the ePrivacy Regulation

09 June 2021

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Where have the negotiations on the ePrivacy Regulation got to and what comes next?

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ICO launches data analytics toolkit

09 June 2021

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What’s in the ICO’s new data analytics toolkit, and how far down the privacy compliance road does it take you?

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European Data Protection Board (EDPB) issues draft guidelines for data breach notification

09 June 2021

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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)?

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Snapshot

EDPB adopts guidelines on virtual voice assistants

09 June 2021

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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?

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Snapshot

DCMS publishes prototype trust framework on digital identity products and services

09 June 2021

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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)?

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ICO resumes investigation into real time bidding (RTB) and AdTech

09 June 2021

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What will be the ultimate impact of the ICO’s continuing investigations into RTB and AdTech?

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Leads Works lands £250,000 fine for sending marketing messages without consent

09 June 2021

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What level of fine are you looking at for sending mass marketing messages without consent?

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UK publishes response to consultation on online harms

09 June 2021

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What does the government’s response to its consultation on the Online Harms White Paper mean for “Big Tech”?

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Snapshot

The EDPS publishes its opinion on the Digital Services Act and Digital Markets Act

Published on 09 June 2021. By Oliver Bray, Senior Partner

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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)?

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Snapshot

Ofcom introduces new rules protecting the mental health of those participating in TV and radio

Published on 09 June 2021. By Oliver Bray, Senior Partner

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The question: What measures will TV and radio broadcasters have to put in place to protect the mental health of participants?

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Snapshot

"Change in law" provisions: COVID-19 and leisure facilities

Published on 09 June 2021. By David Cran, Head of IP and Tech

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Westminster City Council v Sport and Leisure Management Ltd [2021] EWHC 98 (TCC)

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Snapshot

Snapshots Spring 2021: Your data fix

09 June 2021

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A roundup of key legal developments in data for the modern commercial lawyer.

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Data privacy in China Measures for the Supervision and Administration of Online Transactions

Published on 09 June 2021. By Jonathan Crompton, Partner

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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.

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Singapore Court of Appeal issues landmark decision in first cryptocurrency related trial

Published on 09 June 2021. By Jonathan Crompton, Partner

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Quoine Pte Ltd v B2C2 Ltd [2020] SGCA(I) 02

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Hong Kong crypto regulation | Proposed decision in first cryptocurrency related trial mandatory licensing and supervisory regime for Virtual Asset Service Providers (VASPs)

Published on 09 June 2021. By Jonathan Crompton, Partner

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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).

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Catching up data privacy laws in Asia are changing

Published on 09 June 2021. By Jonathan Crompton, Partner

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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.

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Podcast

The Month That Was – May 2021 – the first interest only mortgage trial from Pure Legal and an update on issues facing D&O insurers

09 June 2021

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Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

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Blog

Hargreaves - Burden of proof on HMRC in taxpayer information notice appeals

Published on 09 June 2021. By Constantine Christofi, Senior Associate

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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.

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Blog

The beginning of the end for tax havens?

Published on 08 June 2021. By Ben Roberts, Partner

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Over the weekend it was widely reported that the 'G7' nations had agreed a deal on global tax reform.

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Podcast

Shifting sands: insuring tax risks

07 June 2021

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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.

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Tale as old as time: music ownership, is it time for industry-wide change?

Published on 04 June 2021. By Harpreet Kaur, Associate

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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.

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Publication

Sports Ticker (3 June 2021) - Parkrun, F1 Salary Cap and Copa America - a speed-read of key commercial updates from the sports world

Published on 03 June 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Jaleela Johnson, Associate and Joseph Akwaboa, Associate

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Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

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Blog

High Court reminds us of the principles of res judicata and abuse of process

Published on 03 June 2021. By Emily Saffer, Associate and Parham Kouchikali, Partner

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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)

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