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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, Technology, Media & Telecoms Sector Lead

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

UK authorities consider position of AI in preparation for a new Golden Age of Tech

Published on 09 Jun 2021. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

The question: What direction is the UK taking regarding policies on artificial intelligence (AI)?

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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, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

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, Technology, Media & Telecoms Sector Lead

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, Technology, Media & Telecoms Sector Lead

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, Technology, Media & Telecoms Sector Lead

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, Technology, Media & Telecoms Sector Lead

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, Technology, Media & Telecoms Sector Lead

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, Technology, Media & Telecoms Sector Lead

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, Technology, Media & Telecoms Sector Lead

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, Technology, Media & Telecoms Sector Lead

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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Press and Media

Rising to the challenge, how insurers will adapt in 2025

Published on 14 Jan 2025. By Simon Laird, Partner, Insurance Sector Lead

The global insurance industry is on the brink of transformation as geopolitical tensions, accelerating AI adoption, and escalating climate crises converge to create a perfect storm in 2025. From navigating a volatile economic landscape to addressing emerging risks in cyber and ESG, insurers face a year of unparalleled complexity and opportunity.

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Thinking - Publication

Annual Insurance Review 2025

Published on 14 Jan 2025. By Simon Laird, Partner, Insurance Sector Lead and Robert Morris, Partner and Toby Higginson, Partner, Co-head of Clients and Markets (Insurance)

With the Christmas and New Year festivities already becoming a blur in the rear-view mirror, what better way to blow away the few remaining cobwebs and see-off the January blues than to immerse yourself in RPC's Annual Insurance Review 2025.

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Thinking - Publication

Financial professionals

Published on 14 Jan 2025. By Esme Watson, Senior Associate and Rachael Healey, Partner and David Allinson, Partner and Antony Sassi, Managing Partner

In March 2024 the FCA published the findings from its Thematic Review of retirement income advice, looking at the landscape c. 9 years post-pension freedoms against the backdrop of an ageing population. No fundamental problems were identified but the FCA set out some areas for improvement, from more consistent fact finding to considering the value being provided in respect of any ongoing services.

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Thinking - Publication

General liability

Published on 14 Jan 2025. By Charles Appleby, Senior Associate and Gavin Reese, Partner, Head of Regulatory and Fiona Hahlo, Partner and Mamata Dutta, Partner and Thom Lumley, Partner

This has been a dramatic year for cases involving fundamental dishonesty. In Williams-Henry v Associated British Ports Holdings Ltd, the King's Bench Division found that the Claimant, who had suffered a moderately severe brain injury, had dishonestly exaggerated her symptoms and attempted to inflate the value of her claim by over £1million. Although liability was admitted and, but for her dishonesty, she would still have been entitled to damages just under £600,000, the Court dismissed the whole of her claim. The Judge found that, given the extent of her deception, there would be no substantial injustice to the Claimant by her losing the genuine elements of her claim along with the dishonest ones.

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Thinking - Publication

Health and Safety

Published on 14 Jan 2025. By Gavin Reese, Partner, Head of Regulatory and Fiona Hahlo, Partner and Thom Lumley, Partner and Mamata Dutta, Partner

As the single greatest cause of work-related deaths due to past exposure (according to HSE's Annual health and safety statistics 2024.

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Thinking - Publication

Accountants

Published on 14 Jan 2025. By Patrick Paper-Barclay, Senior Associate

A key trend for the accounting world in 2024 was the sheer number of corporate insolvencies, and the knock-on effect of this in terms of claims against accountants. The number of corporate insolvencies continued to build upon the record levels already seen in 2023, which saw the highest number of annual corporate insolvencies for 30 years. The Insolvency Service's Annual Report in July 2024, for example, reported almost 11,000 new insolvency cases in the previous 12 months, an increase from just over 9,000 the previous year.

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Thinking - Publication

International arbitration

Published on 14 Jan 2025. By Ana Margetts, Associate (New Zealand qualified) and Jonathan Wood, Partner, Chair of International Arbitration

The Arbitration Bill received its first and second readings in parliament in July 2024. Having first come before parliament in September 2023 under the UK's then Conservative government, it will once again proceed through the House of Lords and House of Commons, before receiving Royal Assent and becoming law.

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Thinking - Publication

Intellectual property

Published on 14 Jan 2025. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Joshua Charalambous, Partner

Since our 2021 Review we have returned frequently to Sky v Skykick, a trade mark dispute that has been ongoing since 2016. In November 2024, the Supreme Court overturned the decision of the Court of Appeal (see here) finding that an inference of bad faith may be drawn if sufficient evidence exists – as there was in this case – that the applicant had never had any intention to supply or provide certain goods or services for which it sought trade mark protection. Once an inference of bad faith has been drawn, this may prove grounds for a mark to be wholly or partially invalidated.

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Thinking - Publication

Art & specie

Published on 14 Jan 2025. By Karen Barnard-Taylor, Senior Associate

Following reports in 2023 that the British Museum had discovered that around 2,000 artefacts were either lost or damaged, it has this year concluded its internal investigation. The Museum found that it had not been compliant with UK legislation regarding how such artefacts should be kept. The Public Records Act requires all UK museums and libraries to meet basic standards of preservation, access and professional care. The consequences of such failings can mean collections being transferred elsewhere or handed over to the National Archives, although it seems the British Museum may be spared this outcome. The Museum is working with the National Archives to ensure their future compliance. This will include the introduction of new policies, such as defining what comprises its collection, introducing a policy for registering items, and improving its policy for reporting unlocated items.

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Thinking - Publication

Aviation

Published on 14 Jan 2025. By Naomi Vary, Partner

In this this inaugural aviation chapter of the Annual Insurance Review, it would be impossible not to focus on the continuing upheaval wrought by the Russian invasion of Ukraine. The aviation industry, which had largely weathered the disruption of the Covid pandemic, has been faced with new challenges since February 2022. Closure of European airspace to Russian aircraft, and of Russian airspace to aircraft from "unfriendly" countries, has forced route networks to adapt. Western sanctions which prohibited the supply of aircraft to Russian airlines have derailed longstanding relationships between Western aircraft lessors and their Russian customers. Prohibitions on the provision of insurance have similarly impacted aviation business models.

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Thinking - Publication

Legal practices

Published on 14 Jan 2025. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Jonathan Crompton, Partner

A crumbling regulator? The SRA is facing difficult questions about its effectiveness as a regulator in the wake of the collapse of Axiom Ince, which led to the disappearance of £62million and the loss of around 1,400 jobs. Initially Insurers received a flood of claims totalling around £33million. In an unpopular move, the SRA announced the profession will cover the loss through a 270% rise in contributions to the Compensation Fund.

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Thinking - Publication

Brokers

Published on 14 Jan 2025. By Daniel Charity, Associate

The claims inflation seen in the market over recent years continues to pose a significant risk in relation to underinsurance, putting brokers at risk of negligence claims where an insured finds its cover insufficient to compensate for its losses. Industry research indicates that over 40% of commercial properties are underinsured, and claims managers are increasingly having to have difficult conversations with underinsured property owners. The impact of underinsured losses can be catastrophic for customers, particularly when policies contain average clauses. Insufficient property damage cover can also lead to longer business interruption periods, which are also not adequately insured. Brokers are playing a crucial role in seeking to tackle the underinsurance crisis and should continue to have frank discussions with clients and provide detailed advice on the implications of underinsurance in the event of a claim, including the application of average clauses.

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Thinking - Publication

Life sciences

Published on 14 Jan 2025. By Dorothy Flower, Partner

COVID-19 continued to dominate life sciences headlines in 2024. The COVID-19 Inquiry has continued in earnest. Module 3, which focussed on the impact of the pandemic on healthcare systems has recently concluded. Damning evidence has been heard about the immense toll on healthcare staff, and the detrimental impact on NHS waiting times.

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Thinking - Publication

Class Actions and Collective redress

Published on 14 Jan 2025. By Lucy Dyson , Partner

The UK group litigation/ class action landscape continues to expand, particularly in an environmental and consumer context. Whilst we still have no US-style "opt-out" class action regime for civil claims (opt-out class actions are only viable in respect of competition law infringements), the available mechanisms for seeking redress on behalf of multiple claimants, continue to be tested.

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Thinking - Publication

Marine and shipping

Published on 14 Jan 2025. By Iain Anderson, Partner and Toby Savage, Partner

Two words are dominating the shipping sector in 2024 – "shadow fleet". The shadow (or "dark" or "grey") fleet is a reference to vessels which transport oil and petrochemical cargoes on behalf of sanctioned countries. Western economies finance, operate and insure the vast majority of the world's merchant fleet. Expansion of US, EU and UK sanctions means that, in general, vessels carrying cargoes from sanctioned countries cannot operate within the usual international shipping infrastructure. They are forced to go "dark" in a far more opaque part of the shipping sector. Until 2022 the shadow fleet was relatively small – restricted mainly to the carriage of Venezuelan and Iranian oil/petrochemical cargoes. The Russian invasion of Ukraine in 2022 – and the expansion of international sanctions against Russia – has vastly increased the shadow fleet.

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