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RPC Insurtech in brief - June 2021

Published on 17 June 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Alex Matheson, Associate and Lauren Murphy, Associate

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Welcome to the June edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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RPC Insurtech in brief - May 2021

Published on 10 May 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Alex Matheson, Associate and Lauren Murphy, Associate

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Welcome to the May edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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RPC Insurtech in brief April 2021

Published on 07 April 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Alex Matheson, Associate and Lauren Murphy, Associate

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Welcome to the April edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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RPC Insurtech in brief – March 2021

Published on 05 March 2021. By Neil Brown, Partner and Lauren Murphy, Associate

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Welcome to the latest edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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Commercial Court cracks down on crypto-fraudsters (if it can find them)

Published on 18 February 2021. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate and Rebecca Baker , Trainee Solicitor

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In the first initial coin offering 'ICO' fraud case before the Commercial Court, Ion Science Limited & Duncan Johns v Persons Unknown & Ors, the court granted permission to serve disclosure orders on two cryptocurrency exchanges through which the claimants' stolen bitcoin had been traced, granted a world-wide freezing order against persons unknown, and gave ground-breaking guidance on the lex situs of crypto-assets.

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RPC Insurtech in brief – January 2021

Published on 29 January 2021. By Neil Brown, Partner and Lauren Murphy, Associate

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Welcome to the latest edition from RPC Insurtech in brief providing you with a handful of snappy monthly updates from the industry.

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RPC Insurtech in brief – December 2020

Published on 15 December 2020. By Neil Brown, Partner and Lauren Murphy, Associate

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Welcome to the latest edition from RPC Insurtech in brief providing you with a handful of snappy monthly updates from the industry.

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Blog

Major overhaul of UK telecoms regulation to go ahead by the end of December 2020

Published on 21 September 2020. By Marlon Cohen, Senior Associate

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The UK still pushing ahead with implementing wide ranging European regulatory changes, but obligations for many "over the top" providers are likely to be postponed.

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CK Hutchison wins in the ECJ – better late than never?

Published on 10 June 2020. By Brendan Collar, Associate

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CK Hutchison wins its appeal against the EC's decision to block Three UK’s 2016 merger with O2.

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Blog

New virtual insurer for Hong Kong

Published on 29 April 2020. By Andrew Carpenter, Partner

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This month saw the award of a further virtual insurer licence in Hong Kong – this time for OneDegree (on 15 April 2020). The start-up will focus, initially, on the burgeoning Hong Kong pet insurance market, before a proposed expansion into health and cyber risk.

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Blog

Future Fund

Published on 24 April 2020. By Sukh Ahark, Partner and Lauren Murphy, Associate

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The Chancellor has announced the launch of a £500m co-investment fund for start-ups adversely impacted by the coronavirus. The 'Future Fund' operates through the government matching private sector money with state-backed loans that can convert into equity stakes in the start-up.

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Loot Boxes: what's in the box?

Published on 29 January 2020. By Jonathan Greenway, Associate

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On 12 September 2019 the House of Commons Digital, Culture, Media and Sport Committee (DCMS) released its report into what it calls "immersive and addictive technologies".

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RPC provides response to 'Online harms' consultation

02 July 2019

This consultation response is submitted on behalf of RPC's Tech Group*. RPC is an international law firm with offices in London, Bristol, Hong Kong and Singapore. RPC acts for a range of clients from start-ups to multi-nationals in the technology, media, and retail sectors and for their insurers. RPC's Tech Group provides specialist advice on regulation, content liability, commercial contracts, outsourcing, data protection, cyber, intellectual property, e-commerce, and investigations and disputes. Views expressed in this submission do not necessarily represent those of our clients.

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Blog

Information requirements to change under European communications contracts

Published on 18 October 2018. By Marlon Cohen, Senior Associate

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The rules around what needs to be provided to consumers under communications contracts are going to be changing under the new European Electronic Communications Code. This will have implications for consumer contracts provided by communication providers in Europe, including broadband, voice and "over the top" providers.

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Connected and Autonomous Vehicles: Changes ahead for UK road traffic laws

22 January 2018

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The UK Government has recently launched a consultation on proposals to amend the Road Vehicles (Construction and Use) Regulations 1986 (Regulations) and the Highway Code. The proposed changes will clarify the legal position for use of features in Connected and Autonomous Vehicles (CAVs) and should bring the UK law in line with recent updates to international rules.

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Blog

Digital Comparison Tools: The CMA's Verdict

Published on 20 October 2017. By Melanie Musgrave, Senior Associate and Lambros Kilaniotis, Partner

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The CMA has recently concluded its year-long digital comparison tools (DCT) market study with the publication (on 26 September 2017) of its Final Report. However, this is by no means the end of the story. In addition to making recommendations to DCTs, their users, the regulators (in particular, the FCA), other bodies and the Government, the CMA has launched a competition investigation into the use of wide "most favoured nation" (MFN) contractual arrangements by a DCT in the home insurance sector and will keep other commercial arrangements under review.

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Blog

EBA encourages banks to pool their resources for cloud audits

Published on 02 June 2017. By Joseph Byrne, Associate

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The EBA has set out that banks are no longer required to provide their auditors (or themselves) with an independent right to audit their cloud service providers.

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A mutual break-up? – Old Mutual drops IT supplier IFDS

Published on 05 May 2017. By Joseph Byrne, Associate

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Old Mutual Wealth has ditched its IT supplier, International Financial Data Services, on £450 million platform project.

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Licensors beware – BlackBerry wins refund of royalties from Qualcomm

Published on 02 May 2017. By Joseph Byrne, Associate

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Smartphone chip supplier Qualcomm has been ordered to pay back $814.9 million to BlackBerry as part of a binding interim arbitration settlement.

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Digital comparison tools: the CMA decides against a market investigation reference

Published on 30 March 2017. By Lambros Kilaniotis, Partner and Melanie Musgrave, Senior Associate

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Six months after the CMA launched its market study into digital comparison tools, it has decided not to make a market investigation reference, but will focus on four areas of possible concern in a second phase of its market study.

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Blockchain technology for contracts: Above the law?

23 March 2017

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A recent report by the European Parliamentary Research Service (EPRS) explores how blockchain technology could continue to develop and impact on a number of key areas of everyday business and life in general. One area explored by the EPRS report relates to the use of blockchain for so-called 'smart contracts'.

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Licensees beware - SAP wins victory against Diageo for breach of software licence agreement

Published on 08 March 2017. By Eliot Henderson, Associate

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In a significant ruling for software customers and providers, the High Court found that Diageo breached the "Named User" pricing mechanism of its software licence agreement with SAP.

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Online Sales and Price-Fixing

Published on 01 December 2016. By Melanie Musgrave, Senior Associate

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The CMA recently issued a warning to online retailers against price-fixing and using automated re-pricing software to facilitate such arrangements.

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Digital comparison tools under review

Published on 12 October 2016. By Melanie Musgrave, Senior Associate

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The UK's CMA has launched a market study into price comparison tools, such as price comparison websites and smartphone apps. The aim is to establish what action, if any, is required to improve how this market works. The CMA has until 28 March 2017 to decide whether to open an in-depth market investigation.

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Big data in insurance: The FCA offers its view

Published on 28 September 2016. By Mark Crichard, Partner

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Last week the FCA published a feedback statement on the use of big data in the retail general insurance sector. Its findings are likely to come as welcome news to insurers who are keen to exploit the advantages that big data can offer.

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Blocking the blockers: EU prohibits network-wide ad-blocking

Published on 12 September 2016. By Oliver Bray, Senior Partner

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Mobile phone operators' plans to introduce network-wide ad-blocking technology are in jeopardy following new guidance from EU telecoms regulators, a move which highlights the divide between content providers and telecoms companies in their attitude towards ad-free content.

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Blog

Drones: don't fly out of bounds (legally)

27 July 2016

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Various commercial industries have already woken up to the myriad opportunities offered by drone technologies. Whilst the regulatory regime evolves, it is important that companies don’t fall foul of the law.

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Price fixing online – a new competition authority warning

Published on 18 July 2016. By Alyson Lloyd, Senior Associate and Melanie Musgrave, Senior Associate

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The UK's Competition and Markets Authority ("CMA") has released an open letter to suppliers and retailers warning against online practices which constitute price fixing.

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Update: High Court provides guidance on termination for contracting parties

27 January 2016

In the recent case of C&S Associates Ltd v Enterprise Insurance Company Plc [2015] EWHC 3757 (Comm) the High Court considered a number of issues that will be of interest to contracting parties, including:

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FCA Publish Draft Guidance on Cloud Services

Published on 30 November 2015. By Mark Crichard, Partner

The FCA has recently published draft guidance for firms outsourcing to the cloud and other third party IT services. This comes as part of the FCA's work on "Project Innovate" which aims to tackle issues stifling innovation within the regulatory sector.

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FCA to examine use of big data in insurance

26 November 2015

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This week, the FCA has issued a "call for inputs" around how insurance firms use big data.

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Publication

Cyber fraud – a new hope?

23 November 2015

We have previously warned of the threat posed by fraudsters who are targeting solicitors’ client accounts to misappropriate funds.

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The Modern Slavery Act: what you need to know about the new reporting obligation

10 November 2015

The Modern Slavery Act 2015 (the Act) came into force on 26 March 2015. At a high level it aims to improve law enforcement tools, strengthen criminal penalties and deliver better protection and support for victims.

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EU Court declares 'Safe Harbor' data-transfer agreement invalid

07 October 2015

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The Court of Justice of the European (CJEU) has declared that the "Safe Harbor" framework agreement cannot be relied upon to justify transfers of personal data from the EU to the US.

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Blog

Do you know you're being tracked?

Published on 05 October 2015. By Oliver Bray, Senior Partner

Do you own a smart phone? Do you always have WiFi enabled? If your answers to both these questions are yes, your movements were most probably tracked on your way into work today.

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EU Consultation on standards for a Digital Single Market

24 September 2015

On 23 September 2015, the European Commission launched a public consultation on information and communications technology ("ICT") standards for creation of a Digital Single Market.

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Update: IT Suppliers beware! Your right to terminate on a customer insolvency is changing…

16 September 2015

In September 2013 we reported on the Enterprise and Regulatory Reform Act 2013 which provided the Government with the power to extend the law regarding the supply of essential services to insolvent customers.

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Article 29 Working Party keeps up the pressure on data reform discussions

02 September 2015

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The EU data protection reform package has entered its decisive phase. The first trilogue between the European Parliament, the European Commission and the Council of Ministers began on 24 June 2015 but, even at this late stage, there are many key concepts still to be finalised.

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Transparency by design – putting FOIA at the forefront of public sector outsourcing contracts

20 August 2015

Earlier this year, the Information Commissioner's Office (ICO) published a guidance document recommending some steps for public authorities (Authorities) to take when entering into outsourcing arrangements to help them comply with their freedom of information obligations.

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Publication

Technology and cyber risk update

29 July 2015

Drones – issues for casualty insurers

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Digital content under the new Consumer Rights Act

Published on 14 May 2015. By Oliver Bray, Senior Partner

The Consumer Rights Act 2015 (CRA) comes into force on 1 October 2015. It will reform consumer law in the UK, in particular by setting up new consumer rights and remedies in respect of digital content.

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UK cyber security: insure against 'rapid, highly damaging and public' threats

Published on 06 May 2015. By Mark Crichard, Partner

Cyber attacks present a daily threat to UK businesses and have become more destructive in recent years with data breaches and hacks frequently making front page news.

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Court of Appeal opens the door to 'distress-only' data breach claims where no financial loss

21 April 2015

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In an important ruling, the Court of Appeal confirms that misuse of private information is a tort and rules on the meaning of "damage" under s13 of the Data Protection Act ("the DPA"), allowing claimants to recover compensation for "distress" resulting from a breach of the Act without also having to prove pecuniary losses.

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Supreme Court clarifies the limits on contractual discretion

Published on 30 March 2015. By David Cran, Head of IP and Tech

A recent decision of the Supreme Court1 has confirmed that the limits on contractual discretion include a requirement to take relevant issues into account and that the discretion is not exercised irrationally.

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CMA call for information on use of online reviews

12 March 2015

Online reviews: love them or hate them, there is no escape. Products, services, large multinationals, SMEs, online or offline, almost everyone is being judged these days.

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ICO fines online travel insurer £175,000 for failing to keep customers’ personal information secure

Published on 03 March 2015. By Oliver Bray, Senior Partner

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The Information Commissioners Office (the “ICO”) has fined Staysure.co.uk Limited (“Staysure”), an online travel insurance company, £175,000 for its failure to comply with the seventh data protection principle, after IT security failings allowed hackers to access up to 100,000 customer financial records.

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New powers to audit NHS authorities' data protection compliance

Published on 04 February 2015. By Mark Crichard, Partner

From 1 February 2015, the ICO will be able to subject public healthcare organisations to compulsory audits of their data protection compliance under section 41A of the Data Protection Act 1998.

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New UK Procurement Rules Published for Consultation

Published on 09 October 2014. By Mark Crichard, Partner

Draft new Public Contracts Regulations 2015 and a Consultation Document on UK Transposition of the new EU Procurement Directives have recently been published by the Cabinet Office. This paves the way for the 2014 Directives to be implemented in the UK early next year.

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Blog

FCA COMPLETES THEMATIC REVIEW OF MOBILE BANKING AND PAYMENTS

Published on 07 October 2014. By Mark Crichard, Partner

The Financial Conduct Authority (FCA) has recently published its findings following its thematic review of mobile banking and payments.

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EU Consultation on Cloud Computing and Software

Published on 30 September 2014. By Mark Crichard, Partner

The EU has opened a public consultation to help define future research priorities in the areas of Cloud Computing and Software (including Open Source). Any and all stakeholders are invited to submit their views by 10 October 2014.

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