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Thinking - Snapshot

The EDPS publishes its opinion on the Digital Services Act and Digital Markets Act

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

The question: What recommendations has the European Data Protection Supervisor (EDPS) made in respect of the EU’s proposed Digitals Services Act (DSA) and Digital Markets Act (DMA)?

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Thinking - Snapshot

European Commission awards draft adequacy decision to the UK

Published on 09 Jun 2021.

How can data transfers between the UK and the EU be securely and legally executed following Brexit?

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Thinking - Snapshot

Data Subject Access Requests | High Court declines to issue order compelling compliance with multiple DSARs when used abusively or for an alternative purpose

Published on 09 Jun 2021.

Can the courts decline to order compliance with data subject access requests (DSARs) if they are used abusively or for a purpose other than acquiring personal data?

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Thinking - Snapshot

DCMS publishes prototype trust framework on digital identity products and services

Published on 09 Jun 2021.

What is the potential impact of the trust framework on the provision and use of digital identity services published by the Department for Digital, Culture, Media & Sport (DCMS)?

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Thinking - Snapshot

Leads Works lands £250,000 fine for sending marketing messages without consent

Published on 09 Jun 2021.

What level of fine are you looking at for sending mass marketing messages without consent?

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Thinking - Snapshot

EDPB adopts guidelines on virtual voice assistants

Published on 09 Jun 2021.

Virtual voice assistants (VVAs) are becoming mainstream. What are the data protection implications and how does the European Data Protection Board (EDPB) suggest you address them?

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Thinking - Snapshot

European Council makes progress on the ePrivacy Regulation

Published on 09 Jun 2021.

Where have the negotiations on the ePrivacy Regulation got to and what comes next?

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Thinking - Snapshot

European Data Protection Board (EDPB) issues draft guidelines for data breach notification

Published on 09 Jun 2021.

What more could be done to aid data controllers in responding to personal data breaches and the practical considerations they face while operating under the General Data Protection Regulation (GDPR)?

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Thinking - Snapshot

Singapore Court of Appeal issues landmark decision in first cryptocurrency related trial

Published on 09 Jun 2021. By Jonathan Crompton, Partner

Quoine Pte Ltd v B2C2 Ltd [2020] SGCA(I) 02

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Thinking - Snapshot

Hong Kong crypto regulation | Proposed decision in first cryptocurrency related trial mandatory licensing and supervisory regime for Virtual Asset Service Providers (VASPs)

Published on 09 Jun 2021. By Jonathan Crompton, Partner

In November 2020, the Financial Services and Treasury Bureau (FSTB) issued a public consultation paper proposing a new mandatory licensing and supervisory regime for all VASPs under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) (AMLO).

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Thinking - Snapshot

Snapshots Winter 2020

Published on 15 Jan 2021.

A roundup of key legal developments for the modern commercial lawyer.

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Thinking - Snapshot

A holistic assessment of the fairness of penalty terms in consumer contracts

Published on 15 Jan 2021.

Case C-738/19 A v B EU:C:2020:687 (10 September 2020)

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Thinking - Snapshot

Snapshots Autumn 2020

Published on 02 Nov 2020. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

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Thinking - Snapshot

What were the CMA’s key findings in its final report on online platforms and digital advertising?

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?

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Thinking - Snapshot

Audiovisual Media Services Directive – European Commission adopts guidelines on video-sharing platforms and the promotion of European works

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?

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Thinking - Snapshot

The ASA’s new UK Scam Alert System

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

What is the latest tool in the ASA’s technology toolbox to combat misleading advertising online?

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Thinking - Snapshot

Wish.com: sexually explicit in-app ads deemed offensive and inappropriately targeted

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

Will an ad of a sexually graphic nature be deemed to be inappropriately targeting consumers and causing harm and offence if it appears on general audience platforms?

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Thinking - Snapshot

BOXT: ‘next day delivery’ and comparative pricing claims

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

How careful do you need to be with “next day delivery” claims? And is one product comparison enough when making a price comparison claim?

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Thinking - Snapshot

Sky UK: clarity over upfront costs and different fees charged to different groups

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

Do you need to include additional upfront costs in the main body of your ad? And how clear do you need to be about different fees being charged to different groups of consumers (eg existing vs new customers)?

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Thinking - Snapshot

P&G: verification requirements in comparative advertising campaigns

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

How much detail do you need to include to meet the verification requirements under the CAP Code when making comparisons with identifiable competitors?

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Thinking - Snapshot

Playrix: gameplay footage must be representative of the gaming experience

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

When advertising a game, can you use gameplay footage which does not actually feature in the game, or only features to a limited degree?

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Thinking - Snapshot

Snapshots Summer 2020

Published on 07 Aug 2020.

A roundup of key legal developments for the modern commercial lawyer.

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Thinking - Snapshot

Snapshots Spring 2020

Published on 03 Jun 2020.

This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

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Thinking - Snapshot

Acquisitions: clause in SPA construed as a covenant to pay, not an indemnity

Published on 02 Jun 2020.

When will a clause be considered a covenant to pay as opposed to an indemnity?

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Thinking - Snapshot

Snapshots Winter 2019

Published on 09 Mar 2020.

This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

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Thinking - Snapshot

Snapshots Autumn 2019

Published on 07 Nov 2019.

This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

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Thinking - Snapshot

Snapshots Summer 2019

Published on 16 Aug 2019.

This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

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Thinking - Snapshot

Snapshots - Spring 2019

Published on 10 Apr 2019.

This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

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Thinking - Snapshot

Snapshots - Winter 2018

Published on 27 Dec 2018.

This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

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Thinking - Snapshot

Snapshots - Autumn 2018

Published on 25 Sep 2018.

This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

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Thinking - Snapshot

Snapshots - Summer 2018

Published on 10 Aug 2018.

This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

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Thinking - Snapshot

Snapshots - Spring 2018

Published on 12 Apr 2018.

This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

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Thinking - Snapshot

Snapshots - Winter 2017

Published on 19 Dec 2017.

This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

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Thinking - Snapshot

Snapshots - Autumn 2017

Published on 26 Sep 2017.

This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

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Thinking - Blog

HMRC’s enquiry and correction powers

Published on 23 Jan 2025. By Alexis Armitage, Senior Associate and Sarah Dowding, Senior Associate

A key consultation on proposed reforms to HMRC’s enquiry and correction powers closed today. Dubbed the "Tax Administration Framework Review – New Ways to Tackle Compliance", this consultation is the latest in a series aimed at streamlining the UK’s tax system. The goal? To make it easier for taxpayers while enabling HMRC to allocate resources more effectively.

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Thinking - Blog

Upper Tribunal considers when a dividend becomes 'due and payable' for tax purposes

Published on 23 Jan 2025. By Daniel Williams, Associate

In HMRC v Gould [2024] UKUT 00285 (TCC), the Upper Tribunal dismissed HMRC's appeal and confirmed that an enforceable debt arises when a company pays an interim dividend to one shareholder but not another of the same class.

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Thinking - Blog

HMRC launches new R&D voluntary disclosure platform amid increased enforcement and compliance efforts

Published on 20 Jan 2025. By Adam Craggs, Partner and Michelle Sloane, Partner

HMRC has introduced a new specialist research and development (R&D) voluntary disclosure platform. This development follows a surge in HMRC R&D compliance activity, including a number of high-profile raids and arrests. It is estimated that over £1 billion has been lost to the Exchequer in recent years due to speculative or fraudulent R&D claims, prompting HMRC to take decisive action.

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Thinking - Blog

Loan Charge regime - High Court strikes out taxpayers' Part 8 claims as abuse of process

Published on 16 Jan 2025. By Liam McKay, Senior Associate

In allowing HMRC's appeal, the High Court determined that the taxpayers' claims in respect of the Loan Charge should be struck out as an abuse of process.

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Thinking - Blog

Upper Tribunal allows taxpayers' appeals on 'deliberate' behaviour

Published on 09 Jan 2025. By Alexis Armitage, Senior Associate

In the Outram case, the Upper Tribunal overturned the First-tier Tribunal's decision concluding that it had erred in law when deciding that the taxpayers had deliberately filed an inaccurate return without considering the subjective knowledge and intention of the taxpayers concerned.

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Thinking - Blog

Will the UK government's latest measures targeting promoters of tax avoidance and fraud be effective?

Published on 19 Dec 2024. By Adam Craggs, Partner

In this article, which is based on an article published in Issue 4 2024 of the British Tax Review, Adam Craggs considers whether the UK's latest measures targeting promoters of tax avoidance schemes and tax fraud will be effective.

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Thinking - Blog

Preparing for an HMRC dawn raid

Published on 12 Dec 2024. By Adam Craggs, Partner

How to prepare for a dawn raid by HMRC under the authority of a search warrant issued under the Police and Criminal Evidence Act 1984 (PACE), enabling them to enter and search premises to investigate suspected tax fraud.

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Thinking - Podcast

Taxing Matters: Deck the halls… with weird and wonderful taxes throughout history

Published on 10 Dec 2024.

In our special Christmas episode, Alexis Armitage, RPC's Taxing Matters podcast host and Senior Associate in our Tax Disputes and Investigations team, is joined by Andrew Hubbard, editor-in-chief of Tolley's Taxation Magazine. From candles to beards, join them as they discuss the most bizarre taxes that have existed throughout British history.

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Thinking - Blog

Tribunal strikes out HMRC's application for a tax-related information notice penalty against Paul Baxendale-Walker

Published on 05 Dec 2024. By Jasprit Singh, Senior Associate

In Paul Baxendale-Walker v HMRC [2024] UKUT 00154 (TC), the Upper Tribunal granted an application by the taxpayer, under Rule 8(3)(c) of the Upper Tribunal Procedure (Upper Tribunal) Rules 2008, to strike out HMRC's application seeking a tax-related information notice penalty pursuant to paragraph 50 of Schedule 36, Finance Act 2008.

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Thinking - Publication

Tax Bites – December 2024

Published on 03 Dec 2024. By Adam Craggs, Partner and Daniel Williams, Associate

Welcome to the latest edition of RPC's Tax Bites – providing monthly bite-sized updates from the tax world.

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Thinking - Blog

Court of Appeal considers HMRC's CIS powers and allows taxpayers' appeals

Published on 28 Nov 2024.

In Beech Developments (Manchester) Ltd & Ors v Commissioners for His Majesty's Revenue and Customs [2024] EWCA Civ 486, the Court of Appeal allowed the taxpayers' appeals, finding that HMRC does have power to issue a direction under Regulation 9(4) of the Construction Industry Scheme Regulations, where the same amount has been subject to a regulation 13 determination.

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Thinking - Podcast

Taxing Matters: ADR in tax disputes with HMRC's ADR lead, Fiona McRobert

Published on 26 Nov 2024.

In this month's episode of Taxing Matters, Alexis Armitage is joined by HMRC's Alternative Dispute Resolution (ADR) lead, Fiona McRobert, to discuss HMRC's approach to the ADR process, and how tax disputes may be resolved outside the Tax Tribunals and the court system.

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Thinking - Publication

V@ update - November 2024

Published on 25 Nov 2024. By Adam Craggs, Partner and Jasprit Singh, Senior Associate

Welcome to the November 2024 edition of RPC's V@, a monthly update which provides news and analysis from the VAT world.

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Thinking - Publication

Customs and excise quarterly update - November 2024

Published on 25 Nov 2024. By Adam Craggs, Partner and Michelle Sloane, Partner

Welcome to the November 2024 edition of RPC's Customs and Excise Quarterly Update.

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Thinking - Blog

Tribunal finds insufficiency in taxpayer's return was not brought about "deliberately"

Published on 21 Nov 2024. By Liam McKay, Senior Associate

In allowing the taxpayer's appeal, the First-tier Tribunal determined that an insufficiency in his return was not brought about deliberately.

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Thinking - Publication

How to prepare for an HMRC dawn raid

Published on 20 Nov 2024. By Adam Craggs, Partner

One of the most stressful moments for a business is HMRC officers demanding access to your premises, so it is vital to have plans in place in the event of a dawn raid.

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