on ICO updates guidance on manifestly unfounded and excessive in the context of responding to individuals rights By www.eversheds.com Published On :: 2019-08-30 What you need to know UK regulatory guidance has been updated to explain what ‘manifestly unfounded’ and ‘excessive’ means in relation to the individual rights of data subjects under GDPR. This includes but is not limited to ... Full Article
on A transparent process: Irish DPC issues new guidance on data sharing in the public sector By www.eversheds.com Published On :: 2019-10-10 The Data Protection Commission (“DPC”) issued guidance on data sharing in the public sector. The DPC noted its support for developing more efficient and customer-centric public services and sought to clarify the public sector obligations... Full Article
on Bank Negara Malaysia - Policy Guidance on Risk Management in Technology (RMiT) By www.eversheds.com Published On :: 2019-10-10 The Central Bank of Malaysia or Bank Negara Malaysia (‘BNM’) on 18 July 2019 issued another policy document which sets out its requirements to the nation’s Financial Institutions (‘FIs’) management of technology risk. W... Full Article
on 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
on Decision of the Higher Regional Court of Frankfurt am Main on bundling of consents in sweepstakes By www.eversheds.com Published On :: 2019-10-14 In its decision of 27. June 2019 (Ref. 6 U 6/19), the Higher Regional Court of Frankfurt am Main ruled that participation in a sweepstakes can be made dependent on participants giving their consent to receive future marketing via e-mail or calls. In... Full Article
on German data protection authorities agree on calculation model for GDPR fines By www.eversheds.com Published On :: 2019-10-14 While fines recently imposed by the French and UK data protection supervisory authorities have been high, the supervisory authorities in Germany have so far imposed rather moderate penalties. This could now be changed by a new model for calculating ... Full Article
on 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
on 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
on A review of the Online Harms White Paper By www.eversheds.com Published On :: 2019-11-08 In response to the surge of harmful and illegal content being spread online, the Government currently deliberates legislation for 2020 to establish a regulatory framework that will attempt to make the UK “the safest place in the world to be on... Full Article
on ICO launches consultation on its application for POCA enforcement powers By www.eversheds.com Published On :: 2019-11-26 The Information Commissioner’s Office (“ICO”) has asked to be given the ability to exercise various powers (and gain access to investigation) under the Proceeds of Crime Act 2002 (“POCA”), and has opened a consultation ... Full Article
on Disinformation and the digital wild west By www.eversheds.com Published On :: 2019-12-02 The digital modern age offers huge potential – the sharing of new technologies, the promotion of economic growth and the ability for instant communication. But whilst products of this age, such as social media, may help to progress today&rsqu... Full Article
on Speed read: Useful November 2019 guidelines on controller, processor and joint controllership concepts from the European Data Protection Supervisor By www.eversheds.com Published On :: 2019-12-06 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... Full Article
on 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
on New regulations permit the Central Bank of Ireland to limit the rights of data subjects under the GDPR By www.eversheds.com Published On :: 2020-01-15 Precis: In this briefing, we look at the new regulations permitting the Central Bank of Ireland to limit the rights of individuals under the GDPR. On 30 October 2019 the Data Protection Act 2018 (section 60(6)) (Central Bank of Ireland) Regulations ... Full Article
on 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
on 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
on Coronavirus - The use of Personal Data in connection with Covid-19 Hong Kong By www.eversheds.com Published On :: 2020-03-18 As a general rule of data privacy protection in Hong Kong, personal data should be used only for the original purpose for which the data was collected, or a directly related purpose. One exception is where the data user obtains the consent from the ... Full Article
on Coronavirus Data Protection considerations for alternative communication platforms Global By www.eversheds.com Published On :: 2020-03-25 How does the communication within a team take place in the home office? Due to the increasing intensity of preventive measures against the spread of corona, more and more companies are closing down their locations and, where possible, relocating bus... Full Article
on 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
on Coronavirus - Protecting your company and brand - Global By www.eversheds.com Published On :: 2020-04-14 ... Full Article
on 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
on Punjab Police Sub Inspector and ASI Jobs 2019 PPSC Apply Online By lahoredispatch.com Published On :: Tue, 16 Jul 2019 20:02:16 +0000 SUB INSPECTOR (BS-14) (OPEN MERIT) 432 POSTS ON REGULAR BASIS Punjab Police has announced Sub Inspector and Assistant Sub Inspector Jobs 2019 Full Article Jobs
on 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
on The General Court annuls the Commissions 2016 decision on the Belgian excess profit tax rulings By www.eversheds.com Published On :: 2019-02-14 The General Court of the European Union annulled on 14 February the European Commission’s decision of 11 January 2016 (Decision (EU) 2016/1699), in which it had found that Belgium’s excess profit exemption scheme was incompatible with EU... Full Article
on FCA imposes fines in first competition enforcement case By www.eversheds.com Published On :: 2019-02-21 Competition partner Julia Woodward-Carlton, who acted for one of the main parties on this case, considers the decision and potential implications of the case in this article. The Financial Conduct Authority (‘FCA’) has today issued ... Full Article
on 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
on UK competition regime set to become stricter and more burdensome for businesses post-Brexit By www.eversheds.com Published On :: 2019-03-13 The UK’s departure from the EU is set to lead to a significant change to the UK’s overall approach to competition law. Currently, the UK is required to retain close alignment with EU competition law, which includes respecting the Europea... Full Article
on UK Competition law Is it fit for the digital economy? By www.eversheds.com Published On :: 2019-03-26 With the rapid growth of the digital economy, a number of competition authorities, as well as governments1 are in the process of assessing whether their competition enforcement tools are fit for the digital economy. In the UK, the Government commiss... Full Article
on First fine imposed for obstructing CMA inspection By www.eversheds.com Published On :: 2019-03-28 On 20 March 2019 the Competition and Markets Authority (‘CMA’) imposed a fine of £25,000 on the guitar supplier Fender Musical Instruments Europe Limited (‘Fender Europe’) for failure to comply with a ... Full Article
on Greater EU Competition Enforcement needed in the Digital Era By www.eversheds.com Published On :: 2019-04-15 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... Full Article
on US lifts the Cuba secondary sanctions waiver By www.eversheds.com Published On :: 2019-05-10 The United States (“US”) Government announced on 17 April 2019 that it would not renew a waiver to Title III of the US Helms-Burton Act 1996 (“Title III”) that had effectively prevented former owners of property confiscated f... Full Article
on Narrow or Wide? Court aligns Germany with other jurisdictions on MFN-Clauses in Bookings.com case By www.eversheds.com Published On :: 2019-06-07 On 4 June 2019 the Higher Regional Court of Düsseldorf ruled in favour of Booking.com’s revised “narrow” Most Favourite Nation (“MFN”) clause (Case No. VI-Kart 2/16 (V)). The reactions were predictable. German hote... Full Article
on Internal Monitoring - The Legislator reverts to the issue of antitrust compliance By www.eversheds.com Published On :: 2019-09-13 ... Full Article
on EU Blocking Regulation where are we now? By www.eversheds.com Published On :: 2019-10-08 One of the most pondered questions following the U.S.’s withdrawal from the Joint Comprehensive Plan of Action (“JCPOA”) has been - how will the EU Blocking Regulation fair in protecting the interests of EU businesses trading with ... Full Article
on 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
on 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
on 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
on 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
on Court of Appeal upholds CMA's online sales ban decision in the golf equipment sector By www.eversheds.com Published On :: 2020-01-28 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... Full Article
on Highest EU court confirms pay for delay settlement agreements may be abusive and restrict competition by object or effect By www.eversheds.com Published On :: 2020-02-05 On 30 January 2020, the Court of Justice of the EU (“CJEU”) confirmed that an agreement in settlement of a patent dispute in the pharmaceutical sector may constitute a restriction of competition by object or effect, as well as an abuse o... Full Article
on 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
on 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
on 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
on The European Commissions public consultation on the reform of the Generalised Scheme of Preferences (GSP) Regulation By www.eversheds.com Published On :: 2020-03-17 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... Full Article
on 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
on Coronavirus Podcast series: Competition and Coronavirus - Global By www.eversheds.com Published On :: 2020-04-29 Join us in a series of podcasts, where we address the key issues impacting the global Competition landscape as a result of the coronavirus pandemic. Episode 1: Competition and Cooperation during Covid-19 This podcast is a panel style discussion mode... Full Article
on 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
on Coronavirus - Consumer cancellation and refund guidelines - UK By www.eversheds.com Published On :: 2020-05-06 On 30 April 2020, the Competition and Markets Authority (“CMA”) released a statement on consumer protection law in relation to cancellations and refund complaints. The coronavirus outbreak has seen a significant increase in consum... Full Article
on Coronavirus - Communication on relaxation of competition law - Italy By www.eversheds.com Published On :: 2020-05-07 Introduction The coronavirus has forced antitrust authorities both at EU and national level to adopt an exceptional approach on competition rules. At an EU level, on 8 April the European Commission approved specific guidance to guide companies in t... Full Article
on Service of contractual notices under financial contracts By www.eversheds.com Published On :: 2016-12-19 Generally speaking, where a contract sets down requirements for the service of notices under it, parties should comply with these strictly. A notice that fails to comply will be invalid. This has been established in a number of cases including the... Full Article
