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Shoosmiths LLP | July 2023

Yesterday, the Financial Conduct Authority (FCA) published a consultation paper on social media guidance for firms promoting financial services and products. The draft guidance does not contain anything new so far as "dos and don'ts" for promotional material - including the new rules set to come into force on 8 October this year regarding promotion of crypto-related investments (see relevant article here) ...

Shoosmiths LLP | January 2024

On 11 January 2024 the Financial Conduct Authority (“FCA”) published policy statement PS24/1 (without consultation). The policy statement sets out temporary changes to the complaints handling rules for motor finance complaints, amid a rise in complaints against motor finance firms relating to commission ...

Shoosmiths LLP | June 2022

Employees have the right to access personal data relating to them held by their employer. However, responding to such access requests is not always easy. In a 2-part article, we tackle the 12 questions employers most frequently ask when handling DSARs. 7 ...

Shoosmiths LLP | June 2022

Employees have the right to access personal data relating to them held by their employer. However, responding to such access requests is not always easy. In a 2-part article, we tackle the 12 questions employers most frequently ask when handling DSARs. 1. How do I verify that the request is genuine? There is no set format for making a data subject access request (DSAR), so a request might be made verbally, in writing, by email or by other electronic means ...

Shoosmiths LLP | January 2021

It is not uncommon to find parents continuing to pay an allowance to their children into adulthood, and in some cases this support continues post-marriage and can include payment of school fees or other financial provision being paid on a regular basis ...

Shoosmiths LLP | January 2022

This year, Family Mediation Week takes place between 17-21 January 2022. It exists to raise awareness of the benefits of family mediation and how the process can help separating families resolve their issues productively and collaboratively. The campaign is organised by the Family Mediation Council and is supported by Resolution ...

Shoosmiths LLP | January 2009

Family Intervention Tenancies (FITs) are a new type of tenancy to be introduced by Sections 297-298 of the Housing and Regeneration Act 2008. They will be another tool for registered providers (the new term for both Registered Social Landlords and local authorities to tackle anti-social behaviour ...

Shoosmiths LLP | November 2022

The UK data regulator the Information Commissioner’s Office (ICO) has issued a clear warning to organisations that the biggest cyber risk they face is not from hackers themselves but from complacency towards internal data protection compliance. Such companies may face a double whammy of a cyber-attack and subsequent enforcement action. The ICO has fined Interserve Group (a UK based construction company) £4.4 million for breaching data protection law ...

Shoosmiths LLP | February 2022

This article examines whether the UK competition authority's decision means a change in the analysis of mergers in the digital economy. On 30 November 2021 the Competition and Markets Authority (CMA) concluded in its Report that its concerns can only be addressed by Facebook selling GIPHY in its entirety to an approved buyer ...

Shoosmiths LLP | February 2009

Six months on from the implementation of sections 20 and 21 of the Road Safety Act 2006, and occupational road safety remains a significant cause for concern for employers. The Act introduced two new offences of causing death by careless driving and causing death whilst unlicensed, disqualified or uninsured, with offenders finding themselves facing up to five years’ imprisonment for what could be a momentary lapse of concentration ...

Shoosmiths LLP | January 2009

Pat McFadden, the Minister for Employment Relations and Postal Affairs, has confirmed that the extension of the right to request flexible working to parents of children up to the age of 16 will be implemented in April 2009, as planned ...

Shoosmiths LLP | May 2022

The International Sustainability Standards Board (ISSB) published exposure drafts of two International Financial Reporting Standards (IFRS) ...

Shoosmiths LLP | April 2021

Following the controversial consultation exercise that ran earlier this year the Permitted Development right authorising conversions from uses falling within Use Class E to residential uses will be added to the statute books this week. What is coming into force is significantly pared down from what was proposed in the consultation exercise and David Mathias sets out some of the headlines below. The Town and Country Planning (General Permitted Development etc ...

Shoosmiths LLP | June 2022

Why a comprehensive exclusion of loss clause should cover 'wasted expenditure' - and how employers should resist. The Court of Appeal decision in Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM United Kingdom Limited (February 2022 Court of Appeal) contains a short but important point for those drafting exclusion clauses - especially those that seek to exclude indirect and consequential costs, loss of profits, loss of opportunity, etc ...

Shoosmiths LLP | October 2023

It’s been an exhausting week for climate and transport policy. Whilst the controversy around the Conservatives’ self-declared “war on motorists” will rightly rage, there seems little doubt that the move to electrification of domestic vehicles is one which they accept is inevitable, and ideology aside, makes good financial sense ...

Shoosmiths LLP | June 2023

The UK Covid-19 Inquiry has sought to consider as many voices as possible in its assessment of the vast human impact the pandemic has had on both individuals and organisations. Every Story Matters is the Inquiry’s way of doing so, enabling those in England, Northern Ireland, Scotland and Wales to share their experiences of the pandemic with the Inquiry, via an online form. To date, around 6,000 people have shared their stories ...

Shoosmiths LLP | December 2008

Following consultation with national competition authorities and the public, the European Commission has published enforcement priorities guidelines, which it will follow when applying Article 82 to exclusionary conduct by dominant companies. Throughout the guidelines, the Commission reiterates that Article 82 should protect competition and consumers – rather than individual competitors (an approach previously advocated by Commissioner Kroes) ...

Shoosmiths LLP | June 2024

To celebrate the Euro 2024 football tournament kicking-off, we wanted to pay tribute by ranking the data protection authorities from the nations competing in the tournament. Below, we have set out our top ranked data protection authorities and the reasons why they are our top picks. Rank 1: Spain No ...

Shoosmiths LLP | February 2023

An analyst estimates that the market value in 2023 for digital advertising will be US$701 billion. The EU’s Digital Markets Act (DMA) is a legislative competition law 'key' to 'unlocking' the big-data relating to digital advertising held in the ‘safe’ owned by BigTech. Advertising agencies are potentially one class of beneficiary (see link for article - The Digital Markets Act - Strategy reboot for online advertising) ...

Shoosmiths LLP | March 2023

Beneficiaries of UK, USA or other non-EU state subsidies will have to notify the European Commission under a new regime when engaged in certain mergers & acquisition (M&A) transactions or tendering for certain EU public contracts.This notification obligation commences on 12 October 2023. The transaction cannot be completed or the procurement contract entered into, until consent has been received from the European Commission following notification ...

Shoosmiths LLP | June 2023

The European Commission has sent a Statement of Objections (SO) to Google over abusive practices in online advertising technology.  Uniquely it seems, the Commission has identified in the press release that to remedy the situation the Commission is of the preliminary view that divestment by Google is required. This would be the first example of a proposed break-up of a tech business by the EU under market dominance rules ...

Shoosmiths LLP | December 2009

In our final procurement update of 2009 we report on two important administrative changes: new advertising thresholds, and new OJEU notices. New advertising thresholds published These will apply for two years from 1 January 2010.  As predicted, because Sterling has been so weak against the Euro, the Sterling thresholds have actually gone up significantly (meaning slightly fewer contracts will be caught by the full Regulations) ...

Shoosmiths LLP | April 2015

One of the central functions of a contract is to be able to enforce its obligations. Within the EU, under the new Recast Brussels Regulation (the Regulation), it is now easier, quicker and cheaper to enforce EU judgments within England and Wales. The Regulation applies to all proceedings instituted on or after 10 January 2015 within the EU. This article looks at the key changes introduced and key points to be aware of when seeking to enforce ...

Shoosmiths LLP | December 2017

One step closer to implementation of the reforms relating to EU data protection regulation, this article looks at some of the implications that the reforms are likely to have for SMEs. Key progress was made in the reform of EU data protection regulation on 12 March 2014 with the European Parliament voting in support of reform and the draft General Data Protection Regulation (the "Regulation"). The Regulation must now be adopted by the Council of Ministers in order to become law ...

Shoosmiths LLP | April 2012

With the Information Commissioner's Office (ICO) grace period for enforcing the new cookies rules almost at an end, companies should work with their website developers at an early stage to ensure compliance. The ICO will soon be confirming that its 12 month ‘lead in’ implementation period has come to an end.  Website operators then run the risk of enforcement action and fines if they fail to comply with the new cookies regime ...

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