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Updates to the draft ePrivacy Regulation

18 December 2017

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On 19 October 2017, the European Parliament approved a revised draft of the ePrivacy Regulation. Though still subject to negotiation, it introduces a number of important changes, and deserves careful study by every online communications business.

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Snapshot

Are Model Contract Clauses (or “Standard Contract Clauses” – SSCs) valid under EU data protection law?

18 December 2017

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Irish High Court asks CJEU to rule on validity of Model Contract Clauses (Schrems II)

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ICO issues TalkTalk monetary penalty notice for £100,000

18 December 2017

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On 7 August 2017, the Information Commissioner’s Office fined TalkTalk £100,000 after an investigation found that it had failed to take adequate security measures to protect customer data from unauthorised access via web-based portal.

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Snapshot

ICO issues draft guidance on contracts between data controllers and data processors

18 December 2017

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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)?

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Blog

12 Drummers Drumming: Pa rum pum pum pum

18 December 2017

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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.

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Snapshot

How will GDPR affect the world of internet policy and systems of domain name registration?

18 December 2017

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Data protection - ICANN/WHOIS and the GDPR

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Snapshot

No ICO notifications but fees continue under GDPR

18 December 2017

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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.

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Snapshot

EU Online Platform Bill

18 December 2017

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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.

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Snapshot

DCMS report on cyber security for the Internet of Things

18 December 2017

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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?

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Snapshot

European Commission Recommendation on illegal content online

18 December 2017

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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?

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Online Platforms - Commission communication on tackling illegal content online

18 December 2017

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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.

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Online platforms - Internet Safety Strategy green paper

18 December 2017

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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.

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Snapshot

Can TV formats be protected by copyright as artistic works?

18 December 2017

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Can TV formats be protected by copyright as artistic works?

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Will a variation of the underlying agreement invalidate a guarantee?

18 December 2017

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Will a variation of the underlying agreement invalidate a guarantee?

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Blog

Making made to measure medicine: tailored to suit

Published on 18 December 2017. By Florence Page, Senior Associate

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Summary of key points emerging from MHRA guidance on the importance of human factors in the development of new medical devices.

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What amounts to effective service of a notice

18 December 2017

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What amounts to effective service of a notice?

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What constitutes the “ordinary and proper course of business”?

18 December 2017

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What constitutes the “ordinary and proper course of business”?

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Blog

Trial by Social Media

18 December 2017

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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?

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Blog

United Biscuits: High Court rejects claims for refunds of overpaid VAT

18 December 2017

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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.

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Blog

11 pipers piping: How does MEES differ in Scotland?

Published on 15 December 2017.

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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?

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Publication

Health and safety update December 2017

14 December 2017

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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.

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Publication

Subrogated recoveries

Published on 14 December 2017. By Mark Errington, Partner

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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

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Blog

10 Lords a-Leaping

14 December 2017

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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.

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Blog

Ghosh test overturned: dishonesty according to the standards of ordinary, reasonable and honest people

Published on 14 December 2017. By Davina Given, Partner

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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.

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Blog

9 Ladies Dancing: The Mayor of London protects the night-time economy

13 December 2017

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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.

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Publication

Financial litigation roundup winter 2017

Published on 13 December 2017. By Tom Hibbert, Global Head of Commercial Disputes and David Smyth, Senior Consultant

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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.

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Blog

8 Maids A-Milking: Milking the Consumer during the Festive Period

Published on 12 December 2017.

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This article explores what's going on in the retail industry to draw in shoppers at this crucial time of year.

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Blog

FIDIC Rainbow Suite: Second Editions unveiled

12 December 2017

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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.

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Blog

Key legal pitfalls of starting up: Protect your confidential information

Published on 11 December 2017. By Charles Buckworth, Partner

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Good commercial practice and robust contractual agreements are essential to safeguard confidential information.

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Blog

7 Swans-a-Swimming: new regulations are there to protect them

11 December 2017

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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?

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Blog

Barclays Wealth Trustees - normal meaning to apply to 'settlement' for IHT purposes

Published on 11 December 2017. By Robert Waterson, Partner

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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.

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Blog

Initial Coin Offerings – the digital financing process under global scrutiny

Published on 08 December 2017. By Rachel Ford, Associate

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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?

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Blog

6 Geese A-Laying: The Significance of laying the Golden Brick

Published on 08 December 2017.

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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.

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Blog

Independent inquiry launched into malpractice of Ian Paterson

Published on 07 December 2017. By Ella Shanks, Associate

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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.

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Blog

5 gold rings: a sensible way of paying for your Christmas shopping?

07 December 2017

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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.

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Publication

Tax update December 2017

06 December 2017

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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

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Blog

4 Calling Birds – it's good to talk…

06 December 2017

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How will the new electronic communications code affect telecoms providers?

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Blog

Key legal pitfalls of starting up: Agreeing the deal with your co-founders

Published on 05 December 2017. By Charles Buckworth, Partner

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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.

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Blog

3 French hens: are too many of our house-building eggs in their baskets?

05 December 2017

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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.

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Blog

Jiminez: High Court quashes information notices issued to non-UK resident taxpayer

Published on 05 December 2017. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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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.

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Blog

Changes to business rates calculations are good news for retailers

Published on 04 December 2017.

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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?

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Blog

2 Turtle Doves

04 December 2017

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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.

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Blog

A Partridge in a Pear Tree

Published on 01 December 2017.

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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.

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Engagement news

Published on 29 November 2017. By Peter Rudd-Clarke, Legal Director

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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.

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Publication

VAT update November 2017

29 November 2017

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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.

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Blog

Trump calls out Chinese IP practices

29 November 2017

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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.

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Blog

Bereavement Damages incompatible with European Convention on Human Rights

Published on 29 November 2017. By Genevieve Isherwood, Associate and Leah Wood, Associate

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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.

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Blog

Key legal pitfalls of starting up

Published on 27 November 2017. By Charles Buckworth, Partner

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Introduction to the RPC blog series 'key legal pitfalls of starting up' – a guide for Insurtech start-ups. Contains top-tips on legal issues.

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A step closer

Published on 27 November 2017. By Matthew Griffith, Partner and Neil Brown, Partner

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Matthew Griffith and Neil Brown explore Lloyd's SPAs as an alternative for new market entrants to standalone syndicate formations and M&A

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