Recommendation CM/Rec(2019)2 of the Committee of Ministers to member States on the protection of health-related data Mobile health apps and other technical applications in the health sector are becoming more and more popular. Whether it's heart rate...

Precis The Department for Digital, Culture, Media & Sport (“DCMS”) have opened a consultation[1] which seeks stakeholder’s views on the proposed approach to the implementation of the European Electronic Communications Code Dire...

  Throughout 2019, we saw a growing promulgation of guidance, consultations and new laws across the world. In light of such a regulatory landscape beginning to form, there is growing debate as to whether or not Artificial Intelligence (“A...

(Note that this is an updated version an article originally published in 2016) In the era of the “digital economy” (with more than half of our shopping done on-line and 44% of UK on-line1 payments made using a mobile device2), companies ...

Fair Deal: the latest developments On 19 November 2012 HM Treasury published its response to the March 2011 consultation on the future of the Fair Deal for Staff Pensions guidance. The Fair Deal review is part of the Government’s broader revi...

Today’s employment law changes; and what else to expect this year Various changes to employment legislation take effect today, including amendments to whistleblowing laws.  Other changes will follow over coming months. In this briefing we...

Another year, another budget. So what have we learnt from the contents of the infamous red brief case? Here are some of the highlights for the local government community.             George...

On 4 February 2015, the government launched a consultation on draft regulations implementing the cap on care costs contained in the Care Act 2014. The consultation also sought views on the need for new appeals system in relation to local authorities...

Closing a loophole? One of the key features, and one of the most contentious provisions, of the Charities (Protection and Social Investment) Bill 2015 (“the Bill”) is the new power it will grant the Charity Commission (“the Commission”) to issue of...

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...

3D printing is becoming an increasingly versatile and commercially attractive tool. The technology has many applications beyond its roots in prototyping and it is being used to create products such as clothes, cars, musical instruments and even huma...

R (on the application of Tesco Stores Limited) v Forest of Dean District Council and (1) JD Norman Lydney Limited (2) Asda Stores Limited (3) Windmill Limited (4) MMC Land & Regeneration Limited1 The Court of Appeal, upholding a decision of the ...

On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd...

On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd...

The last two years have brought challenging times for ratepayers and there is little respite on the horizon. With the 2017 Revaluation looming, rateable values are likely to increase substantially throughout large swathes of the country. Together wi...

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...

Aysha Fernandes, legal director in Eversheds Sutherland’s Competition, EU & Trade group comments on the ramifications of UK CMA’s Ping fine appeal. This article was written by PaRR, the leading provider of inside track on comp...

The UK's Treasury Select Committee released a report into crypto-assets on 19 September.  The Committee’s key conclusion is that regulation of crypto-assets is necessary. Striking a negative tone, it identifies the problems of volatile pr...

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 ...

In our pre-referendum briefin...

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...

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The passage of a year since GDPR came into force has been a marker for the ICO and others to pause, reflect, and (importantly) for the ICO to give some indications as to what lies ahead. The ICO has published a blog post. It is a useful snapshot of ...

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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...

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Quick Read Many readers may have chosen to skip looking at the Guidelines that the EDPB published for consultation recently, if you are one of them, and you routinely use CCTV (or other similar devices) within your business – you may want to h...

Summary On 7 November 2019 the EDPS issued guidance on how to determine who is a controller, processor and joint controller. The EDPS is an independent supervisory authority whose primary objective is to ensure EU institutions and bodies respect the...

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...

The Competition Appeal Tribunal (CAT) has dismissed an appeal by Electro Rent against a fine of £100,000 imposed for failing to comply with the terms of an interim order (the “order”). Interim orders are a key tool employed by the ...

As we have recently reported, a number of competition authorities and governments are in the process of assessing whether their competition enforcement tools are fit for the digital economy. In the UK, on 13 March 2019 a specially commissioned panel...

We cannot discount the possibility that the United Kingdom will leave the European Union without any agreement on any transitional period and with nothing finalised on what the UK’s future trading relationship with the European Union will...

  On 21 January 2020, the Court of Appeal (‘CoA’) upheld the Competition Appeal Tribunal (‘CAT’) judgment, finding that Ping Europe Ltd (‘Ping’) breached competition law by prohibiting its retailers from sell...

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...

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...

On 11 March 2020 the European Commission (Commission) launched a public consultation on  possible reforms to the Generalised Scheme of Preference (GSP) Regulation (EU Regulation No. 978/2012 of 25 October 2012) (GSP Regulation). As the GSP Regu...

Introduction Financial services firms’ corporate governance and risk cultures is a ‘hot’ topic with financial regulators globally. Regulators have noted that serious corporate governance and conduct failings of financial services f...

Key points: • In a judgment supportive of the rescue culture in English insolvency, the court has reaffirmed its flexible approach to the application of insolvency provisions and willingness to look at the practical effect of transactions in re...

Key Points A disposition by a receiver, whether appointed by the court or under a fixed charge, is not a disposition by a mortgagor for the purposes of s284 Insolvency Act 1986 (“IA”). The wider implications of the decision may be to lim...

Eversheds Sutherland’s Africa Group has recently announced a number of new leadership roles for John Kemkers (Head of the Africa Group), Wesley Pydiamah (Deputy Head of the Africa Group) and Farès Koussay El Heni (Deputy Head of the Afr...

The European Commission (“EC”) has now completed its in-depth investigation of Britain’s capacity market scheme (“CM scheme”), which was introduced in 2014 following EU state aid approval to help safeguard security of e...

Eversheds Sutherland has advised Energetický a prumyslový holding, a.s. (EPH), on the acquisition, by its subsidiary EP UK Investments Ltd. (EPUKI), of Humbly Grove Energy Limited from PETRONAS, Malaysia's integrated petroleum corporat...

The lockdown of public life in Germany and the disruption of global economy due to the Coronavirus also complicate and delay the development, construction and commissioning of renewable energy projects in Germany. This has dangerous consequences as ...