Compliance newsletter - February 2018
Welcome to the winter edition of the new-look Charles Russell Speechlys Compliance Newsletter!
The gig economy has revolutionised the way in which consumers buy and sell services but also created a raft of regulatory challenges. That is partly because much of its competitive edge derives from a de-regulated, low cost model. For example, it depends on workers who are self-employed, thereby avoiding the usual employer costs and facilitating lower consumer prices.
That is all well in principle, but it obviously pushes the envelope in terms of what is legally permissible. The first question that arises is when is a worker not a worker? This is a question discussed addressed by my employment law colleagues, Clare Davis and Kirsti Laird.
From a competition law standpoint, this is also an important question. If workers in the gig economy are not true employees but independent businesses, how can the likes of Uber, for example, set their prices for passengers through its metering system? Furthermore, if Uber cabs operate outside national rules and regulations on metering which affect their more traditional taxi rivals, is there still a level playing field? On the other hand, isn’t it more important to have disruptive business models driving down prices and offering improved consumer choice? These questions have fuelled a number of antitrust cases and challenges around the world.
Another aspect of the gig economy is its use of data – in particular customer data. In his piece, Richard Davis explores a recent regulatory enforcement action against Uber after it suffered unauthorised hacking of information relating to its customers and drivers.
Away from the gig economy, Max Davis and Rhys Novak report on a new judgment which provides useful guidance on the limits of legal privilege in the context of investigations for fraud, as well as a new offence applicable to corporates who engage in tax evasion.
Finally, no issue would be complete without our usual competition law submission. One of the surprising aspects of competition law is the reluctance of regulators to challenge prices which are too high (surely low prices are what competition is all about?). That may be changing. Rory Ashmore reports on a recent case where the CMA has come off the fence and been brave enough to challenge drug prices (a recent issue also in the US election campaign) which it considered excessive.
EU & Competition Law
Flight and fright in pharmaceutical prices: CMA issues fresh statements of objections to drugCos implicated in hydrocortisone scandal.
Employment
What’s in a name - Employment status and the gig economy in 2018
Data Protection/ Privacy
Uber data breach highlights notification obligations and GDPR impact
Bribery & Corruption
The two most impactful changes in the Bribery and Corruption sector in 2017 were the court’s comments on the scope of privilege in internal investigations, and the new corporate liability for failure to prevent tax evasion offence in the Criminal Finances Act 2017.
Our thinking
Natalie Batra
ITV takes the plunge and “couples up” with Ebay to dress love island contestants in pre-loved clothing
Grégoire Uldry
New Swiss succession law on the transfer of businesses
On 10 June 2022, the Federal Council adopted its Message amending the Civil Code on the transfer of businesses by succession.
Louise Paterson
Artnet quotes Louise Paterson on the Ivory Act
UK’s Ivory Act comes into force
Pei Li Kew
Pei Li Kew writes for Pharmacy Business on the link between pharmacy and IP
Pei Li Kew writes for Pharmacy Business on the link between pharmacy and IP
Jonathan McDonald
Jonathan McDonald provides comment for City AM on the Data Reform Bill announced in the Queen's Speech
Jonathan McDonald provides comment for City AM on the Data Reform Bill announced in the Queen's Speech
Nick White
Charles Russell Speechlys advises Symphony Holdings Limited on the sale of its PONY trade mark portfolio for USD $28 million
Charles Russell Speechlys advises Symphony Holdings Limited on the sale of its PONY trade mark portfolio for USD $28 million.
Simon Ridpath
Simon Ridpath featured in the Lawyer’s Hot 100 list
Simon Ridpath features in The Lawyer’s Hot 100 list
Natalie Batra
Patents and Peppa Pig: What is happening to intellectual property rights in Russia?
Certain Russian individuals and businesses can now use patents, utility models and industrial designs without obtaining prior permission.
Simon Green
International Bar Association quotes Simon Green on the future of the legal sector in Hong Kong
International Bar Association quote Simon Green on the future of Hong Kong's legal sector
Charlotte Duly
Charlotte Duly quoted in Retail Gazette on House of Zana trademark dispute
Charlotte Duly quoted in Retail Gazette on House of Zana trademark dispute
Caroline Greenwell
Nowhere to hide for greenwashing brands
In the UK, regulators are cracking down, with many companies now at risk of financial and other penalties.
Jamie Cartwright
Weighing up the Plastic Packaging Tax
The Plastic Packaging Tax came into force on 1 April 2022.
Jamie Cartwright
Crunching numbers - Mandatory calorie laws come into force
The Calorie Labelling (Out of Home Sector) (England) Regulations 2021 (the Regulations) are now in force.
Jody MacDonald
Liverpool FC’s Hero Club and the current state of play with football NFTs
Liverpool’s Hero Club hit the headlines this week and serves as an interesting reflection of the current state of play.
Rachel Bell
Rachel Bell commented in IT Pro on the implications of the proposed EU’s Digital Markets Act
The proposed EU’s Digital Markets Act is set to require larger messaging platforms to interoperate with their smaller rivals.
Quentin de la Bastide
Constructing a Blue-print for Electronic Execution – New Guidance from the Industry Working Group on the Electronic Execution of Documents
Sonia Kenawy
Claimant ordered to pay security for costs in cryptocurrency dispute and digital assets rejected as form of security
Proceedings that are sure to be watched closely by the cryptocurrency community as well as legal practitioners.
Stewart Hey
Freezing Orders: Policing the Nuclear Option (PT 2)
Looking at the impact these checks and balances have when it comes to drafting and construing the terms of the order.
Stewart Hey
Freezing Orders: Policing the Nuclear Option
This article considered some of the checks and balances that apply when seeking access to one of the law’s most potent weapons.
Mark Hill
UAE Labour Law Update – The five big changes to note…
Federal Decree Law No. 33 of 2021 - The five big changes to note