1. General 1.1 Prevalence of Arbitration Litigation continues to be the primary method of resolving disputes in Malaysia, for both domestic and international disputes. This is not expected to change in the near future ...
The Personal Information Protection Law (the “PIPL”) will take effect on 1 November 2021. It follows the fundamental rules on protecting personal information under the Cybersecurity Law and Civil Code of the People’s Republic of China (PRC). We highlight below the key points in the PIPL on processing personal information within China, and outbound transfer of personal information, which may impact businesses whether they are operating in or outside the PRC. 1 ...
Although Oregon’s 2021 legislative session turned out to be relatively quiet from a tax perspective, we did experience some changes to Oregon’s Corporate Activity Tax (“CAT”). Those changes were primarily in the form of SB 164. The enactment of SB 164 ushers in the following CAT changes. Fiscal Year Filings ...
Is the sale or purchase of software by an agent on behalf of its principal a sale or purchase of ‘goods’ for the purposes of the Commercial Agents (Council Directive) Regulations 1993 (the “Regulations”) within the technology sector? Following the Court of Justice of the European Union (the “CJEU”) preliminary ruling in The Software Incubator Ltd v. Computer Associates UK Ltd case, we move a step closer to a much-needed consistent answer ...
The shift to flexible working has never been more pronounced than now as we make a steady return to the workplace following the pandemic. National headlines recently highlighted the risk for employers of failing to properly consider requests for flexible working. The case of Thompson v Scancrown Ltd t/a Manors resulted in the claimant, Mrs Thompson, being awarded just over £180,000 for indirect discrimination following the rejection of her flexible working request ...
The government has announced a series of measures to tackle ongoing shortages of heavy goods vehicle (HGV) drivers and poultry workers in the UK. This includes relaxing immigration rules to offer over 10,000 temporary visas in the run up to Christmas. Brexit, the Coronavirus pandemic, tax changes and additional factors such as an ageing workforce have all contributed to a shortage of food processing workers and HGV drivers in the United Kingdom ...
“... an adjudicator should think very carefully before ruling out a defence merely because there was no mention of it in the claiming party’s notice of adjudication. That is only common sense: it would be absurd if the claiming party could, through some devious bit of drafting, put beyond the scope of the adjudication the defending party’s otherwise legitimate defence to the claim ...
Executive Summary For organisations transferring personal data from the EEA, the new form of model clauses must now be used for any new transfers agreed as of 27 September 2021. Existing arrangements using the “old” European model clauses have until December 2022 to be replaced with one of the new versions ...
The Technology and Construction Court in Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC) held that an Adjudicator’s decision not to consider a line of defence was a breach of natural justice and was not enforceable, nor could part of the decision be severed. The case also contained interesting commentary as to the ‘intent’ behind the issuing of a payment notice, and how this may affect the validity of the notice ...
On Monday the White House announced that the COVID-19 travel restrictions imposed on passengers from the UK and most of the EU would be eased, allowing fully vaccinated passengers to enter the country from early November. This will be welcomed by families that have been kept apart as a result of the ban first imposed by President Trump 18 months ago. The UK moved to end similar restrictions on US travellers in July, and both sides of the pond are once again open for business ...
In a recent appeal by a pharmacy, Doorstep Dispensaree Limited (“Doorstep”), against a Monetary Penalty Notice and an Enforcement Notice issued against it by the Information Commissioner’s Office (the “ICO”), Doorstep was partially successful, specifically against the level of fine imposed by the ICO under the Monetary Penalty Notice ...
In October 2020 the Information Commissioner’s Office (the “ICO”) announced that it was issuing a Penalty Notice to British Airways (“BA”), imposing a financial penalty of £20 million following a data breach that resulted in hackers obtaining the personal data of 400,000 BA customers. This was a significant reduction from the ICO’s original intention to issue a fine of £183 million ...
Covering employee wages since 1 March 2020, the Coronavirus Job Retention Scheme ("furlough") is set to end on 30 September 2021, with a deadline for final claims to be made by 14 October 2021. Employers still using the scheme should be engaging with employees about its end, and may now need to make some tough decisions that have been postponed while furlough continued ...
On September 15, 2021, the one-year-long suspension of the Philippine Competition Commission’s (PCC) power to review mergers and acquisitions motu proprio under Republic Act No. 11494 (the Bayanihan to Recover as One Act, or the Bayanihan 2) ends. This means that starting September 16, 2021, the PCC may again review mergers and acquisitions motu proprio ...
ALRUD regulatory practice has prepared a review for 'Legal Regulatory Guide Russia', which summarizes the most significant changes and trends in Russian legislation, in the field of administrative regulation of business in the first and second quarters of 2021. The review was published with the participation of ALRUD experts - Maxim Alekseev, Senior Partner and Head of ALRUD Regulatory practice, Timur Akhundov, Senior Associate, Dina Kravchenko, Associate, and Boris Pribylov, Associate ...
The UK government has announced proposals to make flexible working requests a ‘day one’ right for employees, as part of reforms to the Flexible Working Regulations 2014. Over the past 18 months, the pandemic has been a catalyst for increased flexible working. Although this has meant ‘working from home’ for most, flexible work can include other arrangements such as flexitime, job-sharing, condensed hours and part-time work ...
Recent cases provide a timely reminder that employers still make costly slip-ups when managing pregnant workers and those returning from maternity leave. We highlight some useful lessons from those cases on how to avoid discrimination claims. When a worker announces their pregnancy to their employer, the employer becomes subject to additional obligations until the end of the protected period when the worker returns from maternity leave ...
