Compliance newsletter - April 2017
This is a quarterly bulletin for businesses of all sizes and in all sectors in which we aim to provide updates on the most important legal developments that impact you and to help guide you past some of the biggest pitfalls in today's increasingly complex legal landscape.
What do we mean by "compliance"? The term carries different connotations to different businesses and sectors. We have focused on those legal areas where we think businesses are at greatest risk of adverse consequences (fines, litigation or cost) from a failure to take legal advice or put in place sensible policies or procedures. The newsletter covers a series of different legal areas: corporate governance, competition law, employment, data protection, product liability and immigration. Each section is written by specialists from a dedicated practice group. If there is another area you would like us to cover, please do let us know.
The English philosopher George Santayana said "Those who cannot remember the past are condemned to repeat it." Reading across the articles in this edition, there are numerous tales of woe where businesses have suffered heavy liabilities for failing to operate within the law. Rather than scare you, we aim to help you learn from the challenges faced by others and advise you on how to overcome them. In this edition we also look at the increase in corporate transparency and how to balance the legal requirements in a competitive environment. Plus the following:
- How the failure to safeguard intellectual property and confidentiality can be expensive
- Don't let innovation be stymied by regulation
- The tightening grip on e-commerce and antitrust infringements
- How manufacturers of IoT devices face product liability legislation
- Driverless cars and the government's approach to their regulation
- Gender pay reporting and the requirement to publish pay differentials
- Supplier vetting and payment processes – don't be caught out
- Property ownership and transparency - increased scrutiny on the cards
- EU nationals - holding on to your workforce in the face of Brexit
Forewarned is forearmed as they say and we are always more than happy to assist our clients with putting effective policies in place. If there is anything in these pages that you would like to discuss further, please don't hesitate to get in touch.
We hope you enjoy this issue.
EU & Competition Law update
Given the seriousness of infringements of EU or UK Competition Law, one would not expect so many businesses, particularly prominent ones, to fall foul of the law. After all, no PLC (or SME) wants to face a fine that could remove 10% of its global revenues from the company coffers. Many have invested in expensive and sophisticated compliance programs so again, you would expect very few outfits to infringe the law. And yet, this is not the case, as these recent developments show...
Corporate Governance
The UK has led the way in corporate governance developments and the push for greater corporate transparency. This has been seen in, for example, the development and implementation of the "PSC (persons with significant control) regime", requiring reporting of "persons with significant control" in companies ahead of European measures for beneficial ownership transparency being brought in through the Fourth Money Laundering Directive this year.
Mandatory gender pay gap reporting
The mandatory gender pay report needs to be signed off by senior management before being published on a relevant employer's own website and uploaded to the appropriate Government website. For those employers affected by this new legislation, it needs to be on the radar of the executive board or managing committee.
Immigration: Recent Developments
Rose Carey explores the latest developments in immigration law, including: Brexit, the Immigration Act 2016, changes to immigration rules and workforce diversity and supporting EU national employees.
Data Protection
If a data protection officer or other privacy practitioner was asked to list the issues that had been occupying the majority of their time over the last few years, there is a strong possibility that they would mention the entry into force of the General Data Protection Regulation (the "GDPR"), overseas data transfers and Data Subject Access Requests.
Bribery & Corruption
Rhys Novak and Max Davis provide an update on recent developments in bribery & corruption law, including: Deferred Prosecution Agrerements (DPAs) gaining acceptance, the effect of Brexit on negotiating terms for UK companies for DPAs and overseas corruption in the London property market.
Intellectual Property
In the main, businesses are better at understanding how they create intellectual property (IP) and its commercial value. However, the protection of confidential information from misappropriation by former employees has reared its head again this quarter.
Environmental Offences
Helen Hutton explores the latest updates in environmental compliance.
Product liability and the Internet of Things
Jamie Cartwright explores the fitness for purpose of UK product liability law in light of the rapid pace of technological change.
Our thinking
Fiona Edmond
Fiona Edmond and Mark Smith write for Property Week on data centres as an infrastructure asset class
The complexity of operational issues is something those new to the sector may not anticipate and interest is likely to increase.
Mark Howard
Charles Russell Speechlys advises discoverIE on its acquisition of Antenova
discoverIE is a leading international designer, manufacturer and supplier of customised electronics to industry.
Emma Humphreys
Coded messages for landlords and tenants
“What does the code of practice mean for landlords and tenants? Read more here”
Gareth Mills
Gareth Mills writes for Lexology Getting The Deal Through on technology disputes in Bahrain
The most common disputes occur following perceived or actual failures to deliver required technology services an lack of clarity.
Gabrielle Shovlin
Be careful what you reference: when witness evidence waives privilege
Gabrielle looks at the recent decision in Scipharm Sarl v Moorfields Eye Hospital NHS Foundation Trust and its impact on privilege
Mark Howard
Charles Russell Speechlys advises Acora on acquisition of Westgate IT
Westgate IT specialises in providing IT support to businesses in the South West.
Jason Saiban
Jason Saiban writes for Food Manufacture on the food industry's climate change challenge
The key challenge will be how the environmental targets are actually met.
Grab the tail by the horns - Why is tail spend so critical in today’s outsourced portfolio?
It’s usually invisible, but in all likelihood, you’ve got tail spend.
Nick Hurley
Nick Hurley quoted by the Society for HR Management on the UK government's proposals to prevent workplace sexual harassment
The U.K. government introduced legislation in July 2021 for employers to take proactive steps to prevent sexual harassment on the job.
Olivia Crane
Olivia Crane writes for The Grocer on the importance of robust data protection policies for checkout-less stores
The ‘personal data footprint’ created by this type of service and technology isn’t something that should be overlooked.
Charlotte Duly
Charlotte Duly writes for Intellectual Property Magazine on the implications of the Court of Appeal’s decision in SkyKick on both bad faith and specification drafting
Trademark law was dominated by SkyKick in 2020 and it was in the spotlight again in 2021 following a Court of Appeal judgment in July.
Nick White
Nick White writes for Intellectual Property Magazine on the ever-expanding role of licensed content within the video gaming industry
Olivia Gray
Consumers’ unwitting assumptions: A [wh]iskey business in brand competition
Olivia and Anna look at the Liverpool Gin Distillery Ltd v Sazerac Brands LLC case and the question of 'indirect confusion'
Amelia Goodwin
Amelia Goodwin writes for Civil Society on a recent employment tribunal ruling which found that anxiety constitutes a disability
The tribunal found that an anxiety state constitutes a disability for the purposes of the Equality Act 2010.
eCommerce and the Post-Brexit State of Play
Key UK and EU legislation governing how online platforms deal with consumers and their business users.
Paul McCarthy
Post-Brexit business visitors and working in France, Germany, Spain and the UK
Watch the final session in a series of webinars on post-Brexit mobility.
Kelvin Tanner
Sponsor Licence Compliance: Key considerations
Watch our fourth in a series of webinars on post-Brexit mobility.
Rose Carey
The UK’s New Skilled Worker & Intra-Company Visa Routes
Watch our third in a series of webinars on post-Brexit mobility.
Kelvin Tanner
Planning for EU to UK Work & Business Travel
Watch our second in a series of webinars on post-Brexit mobility.
Rose Carey
UK work and business mobility in a post-Brexit world
Watch our first in a series of webinars on post-Brexit mobility.