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.
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.
2020: Influencer, 2021: Creative Director – what could go wrong?
Coded messages for landlords and tenants
“What does the code of practice mean for landlords and tenants? Read more here”
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.
Mark Hill writes for In-House Community Magazine on solutions templating, a new priority for in-house legal teams
Removing the burden from legal teams, contract managers and administrators.
Olivia Crane quoted by SoGlos on the increasing issue of cyber fraud being faced by businesses in Gloucestershire
Cyber fraud has cost Gloucestershire businesses around £369,800 in the last 13 months.
Tattoos, athletes and image rights
Campaigns featuring athletes often include visible tattoos and a number of recent legal cases demonstrate the issues that may arise.
Food Sector steps up on climate goals
Blue Sky Linking
Daniel looks at Sky's recent success in obtaining interim protection from infringement of their broadcast rights
Don’t Gamble on Bingo Ads, Warns ASA
The ASA has issued a reminder to advertisers that bingo adverts will be treated as gambling ads for the purpose of standards regulation.
Recording Phone Calls: Don’t take Consent for Granted
What if an interviewee who is being called and interviewed “live” does not actually know he/she is on live television?
Continuing Progress in the Sphere of Inclusive and Non-Discriminatory Advertising
The latest developments from the ASA, CAP and BCAP relating to the advertising regulators’ attempts to tackle discrimination in advertising.
eCommerce and the Post-Brexit State of Play
Key UK and EU legislation governing how online platforms deal with consumers and their business users.
UK and EU launch two-pronged attack into whether Facebook is abusing a dominant market position
The CMA and the European Commission have said that they intend to work together closely as their respective investigations develop.
Jason Saiban and Caroline Swain among contributors to the ICLG Guide on Digital Business Laws and Regulations in the UK
An overview of the laws and regulations for digital businesses operating in the UK.
Draft Online Safety Bill: Regulating the online world
On 12 May 2021, the UK government published the draft Online Safety Bill...
Counterfeit goods – online platforms and luxury brands take a new collaborative approach
Online retail has been increasing for the best part of a decade due to a shift in consumer behaviour.
Charles Russell Speechlys proud to sponsor the ‘Outstanding Achievement’ award at the final Sunday Times Virgin Fast Track 100 awards
The awards celebrated the successes of Britain’s 100 private companies with the fastest-growing sales.
New foreign ownership rules take effect on 1 June 2021
Trade Marks - what is bad faith?
In any legal dispute, the term ‘bad faith’ is often banded about.