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The Great British (Local) High Street
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.
Read moreStreaming platforms to consolidate? "The stuff that dreams are made of"
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?
Read moreSnapshots - Spring 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreThree Mobile claim to be “the best network for data” misleading
What are the limits and substantiation requirements on advertisers in relation to claims on being the “best network for data” in the telecommunications sector?
Read moreUK authorities consider position of AI in preparation for a new Golden Age of Tech
The question: What direction is the UK taking regarding policies on artificial intelligence (AI)?
Read moreASA upholds misleading “Jab & Go” claim against Ryanair
How careful do you need to be in your ads when using phrases such as “Jab & Go” or “Vaccine?”
Read moreAvoiding “Fake Views” – CAP publishes guidance on testimonials and endorsements
What enforcement options are available against marketers who use fake reviews to promote their goods or services?
Read moreCommittee of Advertising Practice publishes guidance for marketing on TikTok
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?
Read moreASA upholds Ladbrokes gambling ad as socially irresponsible for problematic behaviour
Is a gambling ad that features potentially problematic behaviour socially irresponsible?
Read moreASA rules “was” pricing claim by Watches of Switzerland as misleading
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?
Read moreASA upholds use of filters in social media beauty ads as misleading
Should influencers be allowed to use filters when advertising cosmetic products?
Read moreDCMS begins inquiry into influencer culture and the power of influencers in marketing
What are the UK government’s future plans for influencer marketing
Read moreSnapshots Spring 2021: Your advertising and marketing fix
A roundup of key legal developments in advertising and marketing for the modern commercial lawyer.
Read moreThe Technology & Construction Court considers when damages will be awarded for wrongful termination of a services agreement
CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC)
Read moreCommercial Court uses its freezing injunction powers in the battle to identify crypto fraudsters
Ion Science Ltd v Persons Unknown (Unreported, 21 December 2020)
Read moreData Subject Access Requests | High Court declines to issue order compelling compliance with multiple DSARs when used abusively or for an alternative purpose
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?
Read morePenalty clause regarding IP rights harsh but not unenforceable
Permavent Ltd and another v Makin [2021] EWHC 467 (Ch)
Read moreMaking online games safer by design
How does the UK Gambling Commission’s new rules modify online game design?
Read moreGovernment to review the Gambling Act
What legislative changes are being considered to address the risks associated with modern gambling?
Read moreUnfair 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.
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