ac IT Security Act 2.0 By www.eversheds.com Published On :: 2019-07-19 At the end of March, the German Federal Ministry of the Interior, Building and Community (BMI) submitted a draft bill for the "Second Act to Increase the Security of Information Technology Systems (IT Security Act 2.0)" to the vote of the ministries... Full Article
ac Local Government Briefing Note 39 of 2012: Registered Providers to face longer, more complicated and more expensive claims? By www.eversheds.com Published On :: 2012-12-18 Registered Providers to face longer, more complicated and more expensive claims? The Legal Aid, Sentencing and Punishment of Offenders Act 2012 ("LAPSO") LAPSO received Royal Assent on 1 May 2012 and will come into force on 1 April 2013. It will hav... Full Article
ac Local Government Briefing Note 5 of 2013 - Equality Act 2010: Technical Guidance on the Public Sector Equality Duty By www.eversheds.com Published On :: 2013-01-22 ? Recently, the Equality and Human Rights Commission EHRC published detailed technical guidance for those public sector bodies seeking to comply with the Public Sector Equality Duty (PSED). There is separate guidance for Scotland, England and Wales.... Full Article
ac UK Local Government Pensions speedbrief: Local Government Pension Scheme liabilities on academy conversions By www.eversheds.com Published On :: 2013-07-18 Local Government Pension Scheme liabilities on academy conversionsBackground The treatment of Local Government Pension Scheme (LGPS) liabilities on academy conversions has been presenting significant difficulties for some time, with pension liabilit... Full Article
ac Privacy and Information Law e-briefing By www.eversheds.com Published On :: 2014-04-11 Freedom of information and the private sector - the next chapter in transparency by the Coalition Government Extension to Transparency agenda and Freedom of Information In March 2014, Justice Minister Simon Hughes MP stated: “We do inten... Full Article
ac Care Act 2014 By www.eversheds.com Published On :: 2014-07-15 Care Act 2014 The Care Act 2014, which received Royal Assent on 14 May 2014, will impose new obligations on local authorities in respect of the provision of social care. The Care Act 2014 (“the Act”) contains five Parts and eight Schedul... Full Article
ac Local Government Briefing Note 6 of 2015 - Converting failing schools into Academies - a closer look at the Education and Adoption Bill By www.eversheds.com Published On :: 2015-06-17 Background The Government’s latest proposal in reforming the English schooling system was laid before Parliament last week in the form of the Education and Adoption Bill 2015-16 (“the Bill”). The Bill sets out provisions to conver... Full Article
ac Speed brief: Contractual interpretation By www.eversheds.com Published On :: 2015-07-29 Supreme Court reinforces the need to interpret clauses by the words used and their "natural meaning" On 10 June 2015, the Supreme Court handed down judgment in the case of Arnold v Britton and others [2015] UKSC 36, which concerned the interpretatio... Full Article
ac Facility time in the public sector By www.eversheds.com Published On :: 2015-09-23 The Government has reported to have saved some £26 million by "curbing" the activities of union representatives in the civil service. As part of the Government's proposed package of measures to take this further the draft Trade Union Bill (int... Full Article
ac Retail Speed Brief: ICO issues fine for security breach involving failure to adhere to PCI-DSS By www.eversheds.com Published On :: 2015-03-12 The security of personal information, including customer payment card data and related details, is integral to the functioning of retailers with an online offering, and there are serious consequences in the event of security breaches. Penalties... Full Article
ac The Consumer Rights Act 2015 Less Than A Month To Go By www.eversheds.com Published On :: 2015-09-15 The UK’s new Consumer Rights Act ( the “CRA” ) becomes effective on the 1st October 2015. As we have previously mentioned whilst this consolidates existing UK consumer law it also brings in some significant changes to the laws appl... Full Article
ac French Competition Authority puts model agencies price-fixing practices in the spotlight By www.eversheds.com Published On :: 2016-12-07 On 29 September 2016, the French Competition Authority (l’Autorité de la concurrence - the “Autorité”) imposed a fine of EUR 2.4 million on 37 model agencies and their main trade association, the SYNAM, in relation to... Full Article
ac Business rates: back to reality (Newbigin v Monk [2017] UKSC 14) By www.eversheds.com Published On :: 2017-03-03 The Supreme Court has overturned the Court of Appeal decision and found in favour of the ratepayer in this much-anticipated business rates case involving the rateability of a property which was undergoing substantial renovation. The ratepayer submit... Full Article
ac E-commerce: can luxury brands prevent retailers selling via online marketplaces? By www.eversheds.com Published On :: 2017-07-31 On 26 July 2017, the European Court of Justice (“ECJ”) published an opinion issued by Advocate General Nils Wahl (the “AG’s Opinion”) indicating that luxury brands may prevent retailers from selling via online marketpla... Full Article
ac Shipping and International Trade: what the Insurance Act 2015 means for you By www.eversheds.com Published On :: 2016-06-30 On 12 August this year, the Insurance Act 2015 will introduce the most significant changes to insurance law in 110 years how will it affect the shipping industry? The Act applies to all insurance policies taken out by businesses which are subject ... Full Article
ac The impact of foreign limitation law on English shipping cases By www.eversheds.com Published On :: 2016-06-30 The Foreign Limitation Periods Act 1984 (the Act) sets out the procedure to be followed when a claim is proceeding in the courts of England and Wales and the laws of any other country apply. Given the international nature of the shipping industry,... Full Article
ac Passengers Rights Applying the Consumer Rights Act 2015 By www.eversheds.com Published On :: 2016-07-22 Following a consultation on the Consumer Rights Act 2015 (the ‘Act’), the Government has confirmed that the way in which transport operators cap their liability to customers to compensate for delays or cancellations to services must be c... Full Article
ac Rail Passengers Rights Applying the Consumer Rights Act 2015 to the Rail Sector By www.eversheds.com Published On :: 2016-07-28 Following a consultation on the Consumer Rights Act 2015 (the ‘Act’), the Government has confirmed the way in which train operators cap their liability to customers to compensate for delays or cancellations to services must be consistent... Full Article
ac Are 261/2004 claims redundant? -impact of the Consumer Rights Act 2015 By www.eversheds.com Published On :: 2016-08-03 Following the outcome of a Government consultation paper, the full force of the Consumer Rights Act 2015 (CRA) will apply to the aviation sector as from the 1 October 2016. The result could lead to compensation being paid up to the price of the air ... Full Article
ac UK: The Fourth Rail Package Significance for the UK Rail Industry? By www.eversheds.com Published On :: 2017-08-10 The Fourth Rail Package, which was introduced between June and December 2016, is a set of six items of EU legislation designed to increase the reliability and competitiveness of European railways in accordance with the EU’s liberalisation agen... Full Article
ac Update: Draft EU Implementing Regulation on access to service facilities and use of rail-related services By www.eversheds.com Published On :: 2017-11-28 Executive Summary The European Commission has consulted on an implementing regulation which will provide additional detail for procedures and criteria to be followed by service facility operators in order to satisfy their obligations under Directive... Full Article
ac Highways England starts its market and supply chain engagement for two major transport projects under the new PF2 approach By www.eversheds.com Published On :: 2018-03-07 Highways England are moving forward with the A303 Stonehenge project (A303) and the Lower Thames crossing (LTC) and will be starting their market and supply chain engagement in March 2018. These projects are two of the largest in Highway England's R... Full Article
ac Airlines Face Turbulence Over Compensation Payments Following Supreme Court Decision By www.eversheds.com Published On :: 2018-04-03 Intro / Summary The Supreme Court has refused to grant Emirates permission to appeal the Court of Appeal’s decision in the joint case of Gahan v Emirates and Buckley and ors v Emirates meaning the Court of Appeal’s decision to award comp... Full Article
ac Pacific Islands Tourism Professional Fellows Program-Fall 2020 By feedproxy.google.com Published On :: Tue, 31 Oct 2017 22:45:22 +0000 The East-West Center's Professional Development Program is pleased to announce that applications are now being accepted for the Fall 2020 Cohort of the Pacific Islands Tourism Professional Fellows Program. Full Article
ac North Pacific Arctic Conference (NPAC) Fellowship By feedproxy.google.com Published On :: Wed, 06 Mar 2019 01:06:13 +0000 The North Pacific Arctic Conference (NPAC), co-organized by the East-West Center and the Korea Maritime Institute, is celebrating its 10th anniversary. This innovative conference provides a venue for off-the-record engagement among policymakers/practitioners and scientists/analysts regarding Arctic issues of mutual interest to leading North Pacific Arctic states (Canada, Russia, and the United States) and non-Arctic states (China, Japan, and South Korea). NPAC aims to provide early identification of key policy issues and improved understanding of major options for addressing these issues in the context of the Arctic Council and elsewhere. All six states are members of the G-20. Full Article
ac Data Privacy Implications of the use of CCTV Footage in the press By www.eversheds.com Published On :: 2019-04-24 On 16 April 2019, a controversial 16-minute video containing footage of a what is believed to be a taxi journey taken by two Hong Kong celebrities, Andy Hui Chi-on and Jacqueline Wong, was published on the website of a local newspaper. This publicat... Full Article
ac Shining a light on what necessity means for GDPR & tightening up contract as a lawful processing ground in the context of online services By www.eversheds.com Published On :: 2019-04-30 The European Data Protection Board (EDPB) has published a set of guidelines (in draft) for public consultation. These will be absolutely key to providers of online services, such as social media, e-commerce, internet search engines, communication an... Full Article
ac The new Swedish Protective Security Act By www.eversheds.com Published On :: 2019-05-29 ... Full Article
ac UK adopts new EU-driven restrictive measures to deter and respond to external cyber-attacks through financial sanctions By www.eversheds.com Published On :: 2019-06-25 On 17 May 2019, the European Council established a framework and implemented a new sanctions regime which now allows the EU to impose targeted sanctions to “deter and respond to cyber-attacks which constitute an external threat to the EU and i... Full Article
ac Stepping into the breach - Managing cyber risks with insurance By www.eversheds.com Published On :: 2019-06-26 ... Full Article
ac ICO issues the long awaited data sharing code of practice for consultation By www.eversheds.com Published On :: 2019-07-26 The ICO has launched a public consultation on its new draft data sharing code of practice. The consultation period ends on 9 September 2019. It is an update of the previous code, to align it with GDPR so as to address transparency, lawful bases for ... Full Article
ac Article: Pre-ticked boxes arent consent for cookie placement By www.eversheds.com Published On :: 2019-10-11 CJEU Ruling on Cookies On 1 October 2019, the Court of Justice of the European Union (CJEU) gave a preliminary ruling1 on questions referred from the Bundesgerichtshof (Federal Court of Justice in Germany) that: Consent is not validly ... Full Article
ac Floodgates open on class actions in data protection By www.eversheds.com Published On :: 2019-10-15 Court of appeal overturns High Court judgment in Lloyd v Google LLC [2019] EWCA Civ 1599 Court of Appeal judgment The Court of Appeal has given the go-ahead for a representative claim to be served on Google LLC in the U.S. for alleged data breaches,... Full Article
ac ICO in action: Ban on unsolicited marketing calls to members of pension schemes By www.eversheds.com Published On :: 2019-10-18 This speed read follows on from our briefing in November 2018 in which we explained that the government had proposed a change in law to implement a ban specific to pensions related cold calling. At that time it was estimated that 10.9 million ... Full Article
ac Update: Advocate General advises that the validity of standard contractual clauses is not affected by complaints made in Schrems II By www.eversheds.com Published On :: 2019-12-19 What do I need to know? On Thursday 19 December, Advocate General Saugmandsgaard Øe published his Opinion in Full Article
ac Commencement of the Protection of Personal Information Act 1 April 2020 By www.eversheds.com Published On :: 2020-01-28 President Cyril Ramaphosa has received a request from the Information Regulator Chairperson to declare that the remaining provisions of the Protection of Personal Information Act (POPIA) commence on 1 April 2020. If the President acts on the Informa... Full Article
ac Further Judicial Recognition of Bitcoin as Property Following Ransomware Attack By www.eversheds.com Published On :: 2020-02-03 The Court in AA v Persons Unknown [2019] EWHC 3556 (Comm) (17 January 2020) ordered injunctive relief against unknown persons accused of extorting ransom payments in the form of Bitcoin worth $950,000 from an insurance company, following a cyber-att... Full Article
ac When does private no longer mean private? Implications of a challenge to the SFCs accessing of digital devices in an investigation By www.eversheds.com Published On :: 2020-04-01 The Hong Kong Court has recently confirmed the Securities and Futures Commission (“SFC”)’s powers to seize, search and compel access to digital devices rejecting challenges to such powers based on privacy grounds. Data privacy is a... Full Article
ac Coronavirus - Returning to the office: back to normal? - UK By www.eversheds.com Published On :: 2020-05-04 This week, the Government intends to set out its “road map” to “unlock the economy” and get people back to work. Therefore, in the not too distant future (hopefully sooner rather than later for the majority), businesses will ... Full Article
ac The EU Court provides guidance on the use of framework agreements by contracting authorities By www.eversheds.com Published On :: 2019-02-11 Case C-216/17, Autorità Garante della Concorrenza e del Mercato – Antiturst, Coopservice Soc. coop. arl In its judgment of 19 December 2018 (the &ldq... Full Article
ac Case C-260/17, Anodiki Services EPE: interpreting the scope of the employment contracts exemption under EU procurement legislation By www.eversheds.com Published On :: 2019-03-05 Case C-260/17, Anodiki Services EPE1: interpreting the scope of the “employment contracts” exemption under EU procurement legislation Introduction The judgment relates to a request for a preliminary ruling made by Greece’s Council ... Full Article
ac FCAs Market Study into General Insurance Pricing Practices: Pricing interventions proposed to tackle competition concerns By www.eversheds.com Published On :: 2019-10-09 The FCA has published its interim report in relation to its market study into how general insurance firms charge their customers for home and motor insurance (Interim Report). The FCA has provisionally found that the market is not working well for ... Full Article
ac The Italian Competition Authoritys enforcement against so called IBAN discrimination practices By www.eversheds.com Published On :: 2019-12-03 Introduction The Italian Competition Authority (“ICA”) has recently adopted a harsh approach imposing quite significant fines on those operators who accept direct debit payments only to the extent that their customers are holders of an ... Full Article
ac The new Italian Law on Class actions and its impact on the current private antitrust enforcement regime in Italy By www.eversheds.com Published On :: 2019-12-11 The Italian legislation on private antitrust enforcement (Legislative Decree no. 3 of 19 January 2017 - Decree) has implemented the EU Directive no. 2014/104. The Decree sets out the rules according to which any natural or legal person who has suffe... Full Article
ac DOJ further aligns Export Control and Sanctions Enforcement Policy with FCPA enforcement practices By www.eversheds.com Published On :: 2020-01-14 On 13 December 2019, the US Department of Justice (DOJ) announced a revised Export Control and Sanctions Enforcement Policy for Business Organizations (Revised EC/S Policy),1 clarifying its prior guidance on voluntary self-disclosure requirements fo... Full Article
ac Coronavirus - Impact on International Trade & overview of unilateral protectionist measures By www.eversheds.com Published On :: 2020-03-06 Introduction Following the declaration by the World Health Organisation (WHO) on 30 January of a Public Health Emergency of International Concern (PHEIC) in response to the coronavirus crisis (please see our last briefing here), the vi... Full Article
ac Coronavirus - Impact on International Trade & overview of unilateral protectionist measures By www.eversheds.com Published On :: 2020-03-06 Introduction Following the declaration by the World Health Organisation (WHO) on 30 January of a Public Health Emergency of International Concern (PHEIC) in response to the coronavirus crisis (please see our last briefing here), the vi... Full Article
ac CMA fines pharmaceutical companies for market sharing and information sharing By www.eversheds.com Published On :: 2020-03-09 On 4 March 2020, the Competition and Markets Authority (“CMA”) fined four pharmaceutical companies for breaching competition law through market sharing and the exchange of competitively sensitive information relating to the supply of nor... Full Article
ac Coronavirus EU Border Closure impact on International Trade - Global By www.eversheds.com Published On :: 2020-03-20 Border Closure Update In an attempt to stem the virus outbreak in Europe, a number of European Union (EU) and Schengen zone Member States exercised their right to temporarily re-introduced border controls between themselves and other Member States. ... Full Article
ac Competition Tribunal adopts structured methodological approach to penalties By www.eversheds.com Published On :: 2020-05-06 Introducing Hong Kong’s four-step fining framework… On 29 April 2020, Justice Godfrey Lam, President of the Competition Tribunal, handed down judgment in relation to the fines to be imposed on the parties in the W. Hing and Others case.... Full Article
