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What if the CEO asks me about… using customer personal data to achieve our commercial objectives?
As a society, we are increasingly able to collect, store and use large volumes of personal data. For retailers and consumer brands, this can provide a valuable source of intelligence around customer behaviour and market trends. While using personal data for these purposes undoubtedly provides opportunities, it can also potentially create risk due to the heavily regulated privacy landscape.
Read moreThe Week That Was - 12 August 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreSports Ticker (11 August 2022) - Sports Ticker: rugby authorities' revamp, UFC's Amazon deal and Commonwealth victories – a speed-read of commercial updates from the sports world' to the website and social media channels
In a fortnight which saw England win the Women's Euro 2022 final after beating Germany 2-1 in front of 87,192 fans at Wembley, and retirement announcements from Open Era record holder and 23 times Grand Slam winner Serena Williams and four time F1 World Champion Sebastian Vettel, we feature updates on Everton FC's partnership with blockchain fashion platform Fancurve, organisational changes to the Hong Kong Rugby Union and World Rugby and LeBron James' investment into German bicycle brand Canyon.
Read moreCapital Gains and Principal Residence Relief: What Makes a House?
Allowing the taxpayers' appeals, the First-tier Tribunal held that, for the purposes of calculating entitlement to Principal Residence Relief under sections 222 and 223 of the Taxation of Chargeable Gains Act 1992, "dwelling-house" did not include the land on which the house was built, and "period of ownership" referred only to the period of ownership of the dwelling-house itself.
Read moreThe Week That Was - 5 August 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreTax Bites - August 2022
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read more"Specifically mentioned": High Court clarifies rules about documents referred to in evidence under the Disclosure Pilot
In a judgment that has recently become publicly available (Michael Wilson and Partners Ltd v Emmott and others [2022] EWHC 730 (Comm)) the High Court rejected the claimant's request for disclosure of documents referred to in a witness statement which were "bound to exist". In doing so, the court re-emphasised the importance of clarity and specificity in relation to requests for disclosure.
Read moreYou've been airdropped: English court approves service by NFT and finds it arguable that cryptocurrency-exchanges hold misappropriated assets as constructive trustees
In D’Aloia v (1) Persons Unknown (2) Binance Holdings Limited & Others [2022] EWHC 1723 (Ch), the English court approved service of proceedings by NFT and found that it was arguable that cryptocurrency exchanges owed constructive trustee duties to cyber-fraud victims.
Read moreTribunal confirms discovery assessment was invalid as enquiry window was still open
Tribunal allows taxpayer's appeal confirming that a discovery assessment raised under section 29 Taxes Management Act 1970, was invalid as the enquiry window was still open.
Read moreCyber_Bytes - Issue 43
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreStream on! CMA halts plans to investigate music streaming market
The UK's Competition & Markets Authority recently published its interim report on the music streaming market, prompting mixed responses from the music industry. Record labels, publishers and streaming providers appear generally pleased with the findings, but various artists, musicians, songwriters and managers say they believe it has underdelivered.
Read moreAn insurance tour of London (With Paul Miller & Joe Powell)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this special episode Peter is joined by 2 guests, Paul Miller of HFG Recruitment for his third appearance on the podcast and Joe Powell, Insurance Covered super fan and title insurance underwriter based in Alabama. In this episode they will be going on a walking insurance tour of London.
Read moreCyber Incident Reporting Obligations for Hong Kong Licensed Financial Services Companies
The number of cyber-attacks is on the rise. In particular, financial services companies have been identified as key targets for threat actors in the Q2 of 2022.
Read moreBack to basics on contract interpretation as Court of Appeal finds that natural meaning of settlement agreement prevails
In Schofield & Anor v Smith & Anor [2022] EWCA Civ 824, the Court of Appeal dismissed the appeals of a group of companies, finding that a settlement agreement entered into between the group companies and their bank released the companies' former administrators and their solicitors from all relevant claims, even though the settlement agreement had been agreed without the involvement of the administrators, and after the administration of the group companies had been concluded.
Read moreTake 10 - August 2022
Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.
Read moreSports Ticker: CMA's probe into broadcasts, rugby class action and latest sportswear partnerships – a speed-read of commercial updates from the sports world
In a fortnight which saw Cameron Smith win the 150th Open and various investigations into allegations of anti-competitive practices across the sports world (including an antitrust investigation into the PGA Tour concerning its response to LIV Golf), we feature updates on Castore's first female ambassador deal, rugby players' class action lawsuit and highlight the record-breaking attendance and viewership records of this year's UEFA's Women's Euros. As always, if there are any issues on which you'd like more information (or if you have any questions or feedback), please do let us know or get in touch with your usual contact at RPC.
Read moreRPC Insurtech in brief - July 2022
Welcome to the July 2022 edition of Insurtech in Brief – a selection of the latest Insurtech news and developments from across the globe.
Read moreRPC Bites #49 – Kellogg's HFSS legal action fails, Ellie Goulding's seltzer falls foul of ASA rules and is the 'alcohol free' threshold about to change
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 moreThe Week That Was - 29 July 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreHMRC investigating hundreds of UK customers of Puerto Rico-based Euro Pacific Bank
HMRC investigating hundreds of UK customers of Puerto Rico-based Euro Pacific Bank.
Read moreThe Professional Negligence Law Review, Edition 5
The Professional Negligence Law Review provides an indispensable global overview of the law and practice of professional liability and regulation. It covers the fundamental principles of professional negligence law in each jurisdiction, including obligations, fora, dispute resolution mechanisms, remedies and time bars. The authors then review factors specific to the main professions and conclude with an outline of recent developments and issues to look out for in the year ahead.
Read moreLawyers Covered - July 2022
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 moreMunicipio de Mariana-v-BHP – the evolution of environmental group litigation in the English courts
Earlier this month, the Court of Appeal handed down its much-awaited decision in Municipio de Mariana -v- BHP . This was an appeal by over 200,000 Brazilian claimants seeking to overturn the High Court's dismissal of £5bn group claims against BHP (England and Australia), in relation to damage arising from the 2015 Fundao dam collapse and worst environmental disaster in Brazil's history. The cases are now able to proceed in the English courts against BHP England and BHP Australia (causes of action under Brazilian law, including strict liability as an indirect polluter and fault based civil liability).
Read moreICO fines Clearview AI over £7.5m for facial recognition database
How are public bodies and regulators responding to the rise in use of facial recognition technology?
Read moreECJ allows consumer protection associations to bring actions for data protection rights infringement
Does the General Data Protection Regulation (GDPR) enable consumer protection associations to bring legal proceedings against persons responsible for breaching data protection laws, even if they are acting without the involvement of a consumer?
Read moreDCMS launches consultation on intervention into app security and privacy
Will a new voluntary Code of Practice encourage better practices amongst app developers and operators to tackle cybercrime?
Read moreICO launches AI and Data Protection Toolkit
How can those engaged in the development of artificial intelligence (AI) systems utilise the Information Commissioner’s Office’s AI and data protection risk toolkit (the Toolkit) to better ensure compliance with data protection legislation?
Read moreEuropean Commission and US announce “in principle” agreement on Trans-Atlantic Data Privacy Framework
Are we any nearer to a new transatlantic data privacy framework?
Read moreV@ update - July 2022
Welcome to the July 2022 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreCourt of Appeal finds that damages-based agreements are not available to defendants
The Court of Appeal has found that damages-based agreements (DBAs) are not available to non-counterclaiming defendants (Candey Ltd v Tonstate Group Ltd & Ors). [2022] EWCA Civ 936. In reaching this conclusion, the court held that agreements between legal representatives and defendant clients, which provide for payment to the legal representative of a percentage of sums that the client has resisted paying to its opponent (and where the client received no financial benefit from its opponent), were unlawful and unenforceable.
Read moreAgent was careless notwithstanding white space disclosure
White space disclosure on tax returns not a defence against claim of carelessness, as FTT upholds discovery assessments.
Read moreDouble warning for legal professionals: do not cut corners with disclosure
Further to a recent decision made by the Bar Tribunals and Adjudication Service, the Bar Standards Board has suspended a "top criminal silk" from practice on grounds of professional misconduct in respect of his failure to disclose material evidence during criminal proceedings in 2007. The decision, and the judgment made by the Court of Appeal in those proceedings, reiterates the importance of the ongoing obligation on legal professionals to give disclosure and comply with their duties to the court.
Read morePLC QTRLY - Q2 2022
This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.
Read moreProduct law bulletin – July 2022
Welcome to the latest edition of our product law bulletin, this month we focus on: • New guidance published for market safety and product recalls, • Plans from the government to ease UKCA marking transition • OPSS's final report on their Study on the Impact of Artificial Intelligence on Product Safety • Self-driving cars given the green light • Allergen update: Natasha Trial to treat people living with food allergies • FSA issue a final call for CBD products to be add to the public list
Read moreBanking and financial litigation markets update - Summer 2022
In this overview we look at some of the most important judgments in recent months in the area of banking and financial markets litigation.
Read moreThe Week That Was - 22 July 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreIs the FCA to blame for BSPS? MPs seem to think so
The House of Commons Public Accounts Committee (PAC) yesterday published a report entitled "Investigation into the British Steel Pension Scheme". The report makes a number of recommendations in light of its investigations in to the FCA's conduct and regulatory oversight at the time of the issues arising from the British Steel Pension Scheme (BSPS) and in particular the decision by 7,834 members to transfer to a personal pension arrangement. The report is heavily critical of the FCA's handling of BSPS and its regulatory oversight of the defined benefit transfer market generally. Given the request in the report for an update from the FCA on its progress on the various recommendations and conclusions in 6 months' time, we wait to see how the FCA reacts to yet further criticism of its handling of BSPS at a time when it is reviewing responses to the consumer redress scheme consultation.
Read moreHigh Court holds litigation funder liable for costs that pre-dated funding agreement
The Commercial Court has held a litigation funder to be jointly and severally liable for the defendants' costs from a date prior to the litigation funding agreement and despite the involvement of other funders in The ECU Group plc v HSBC Bank Plc & ors [2022] EWHC 1616 (Comm).
Read moreParliamentary Group urges UK government to help musicians and crew tour Europe more easily
The All-Parliamentary Group on Music (a cross-party group of more than 100 MPS and Peers) together with representatives from the music industry set out the urgent steps the Government needs to take to help UK musicians following Brexit.
Read moreThe Summer of ‘Pre-Love’: Has Fast Fashion been Dumped by the British Public?
ITV’s Love Island is back on our screens, officially marking the British summer. This year the show is dumping fast fashion and ‘coupling up’ with its first-ever second-hand clothing sponsor, eBay, with contestants now donning pre-loved pieces sourced from the resale platform.
Read moreHMRC fails to discharge burden of proof in appeal against personal liability notices
Taxpayer win in case where MTIC fraud alleged in relation to zero-rating of supplies for VAT.
Read moreThe subscription business model - a lockdown trend or here to stay?
Demand for online shopping skyrocketed during the pandemic, with online shopping sales in the UK rising by 48%. Whilst consumers were forced to stay at home, many were left with time to fill and a desire to find entertainment from the comfort of their lockdown abodes. At the same time, retailers and other hard-hit industries, such as restaurants, found that they needed to diversify in order to make an income whilst they were closed.
Read moreTips for approaching innovations using consumer data
Now more than ever, retailers are faced with a wide array of opportunities to use customer data to achieve their commercial objectives. By spotting and assessing key risks early, organisations will be better equipped to avoid breaches of data protection law that may lead to costly fines or claims, failed projects and reputational damage.
Read moreChanges to data protection legislation in Asia – 2022 update (including Mainland China)
Looking back on the last 18 months, the data privacy laws of several Asian jurisdictions have been updated to incorporate stronger protections for individuals’ personal data. This article provides an update on a handful of jurisdictions in Asia and summarises some of those main changes, including the far-reaching implications of the new data protection law in Mainland China.
Read moreThe Month That Was – June 2022 – Restoring trust in audit and corporate governance
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 moreCommercial Court dismisses ECU claims against HSBC entities due to limitation
The Commercial Court has provided a timely reminder of the importance of limitation periods, along with the application of the law of causation in the context of claims that relate to foreign exchange markets.
Read moreThe Week That Was - 15 July 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreSports Ticker: F1's global exhibition, football executives walk free and Wimbledon's Official Stringer- a speed-read of commercial updates from the sports world
In a fortnight which saw Novak Djokovic win a fourth consecutive Wimbledon title, McLaren strike a multi-year deal with footwear brand K-Swiss from 2023, and Sky Sports secure rights to show the Joshua v Usyk rematch, we feature updates on Formula 1's latest fan attraction and engagement strategy, Spurs' new streaming platform, and the latest on the corruption trials of Sepp Blatter and Michel Platini. As always, if there are any issues on which you'd like more information (or if you have any questions or feedback), please do let us know or get in touch with your usual contact at RPC.
Read moreSpotlight on Private Wealth - July 2022
Welcome to Spotlight on Private Wealth. This update is designed to keep you up to speed with developments in the private wealth world. In this edition we explore everything from tax gifts to the meaning of knowledge.
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