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Antony Sassi named RPC Managing Partner

Published on 15 Jan 2025. By Antony Sassi, Managing Partner, Asia

International law firm RPC has elected Antony Sassi as its next Managing Partner. Antony will commence his four-year term on May 1, 2025, succeeding James Miller, who has been in the role since 2017.

RPC scores top rankings in Chambers UK 2023

Published on 20 Oct 2022. By Kimberley Nanson, Senior Communications Manager

RPC has achieved top ranking in nine practice areas in Chambers UK 2023.

A new era for sustainability consumer products: the EU’s new Ecodesign for Sustainable Products Regulation (ESPR)

Published on 20 Nov 2024. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead and Sophie Parkinson, Associate

On 18 July 2024 the ESPR entered into force setting a framework for new ecodesign rules in the EU. It will have significant impacts for retailers and consumer brands selling products in the EU. It will introduce new minimum ecodesign requirements for specific product categories (with an initial focus on textiles), make digital product passports mandatory and set rules on the destruction of unsold products. Companies face the risk of fines, consumer claims and reputational damage for non-compliance.

Product liability and safety legislative refurb

Published on 05 Nov 2024. By Gavin Reese, Partner, Head of Regulatory and Sally Lord, Knowledge Lawyer Manager

The current legislation governing product safety is the General Product Safety Directive (GPSD), but its shortcomings, especially on tech, are evident.On 13 December 2024 the EU will be replacing the GPSD with the General Product Safety Regulation (GPSR), and the latest King’s Speech indicated it will be replaced in the UK by a Product Safety and Metrology Bill.Separately, EU Member States are rolling out a revised Product Liability Directive (PLD) which captures the provision of software, digital services and online marketplaces.

The EU Compliance headache you don't know you have? A priority primer on the European Accessibility Act

Published on 31 Oct 2024. By Oliver Bray, Senior Partner and Hettie Homewood , Senior Associate

It is now less than a year until the EU Accessibility Act (EAA) comes into force, which will require businesses to ensure a range of products (eg smartphones and computers) and services (eg e-commerce services, consumer banking services, and ebooks) are accessible for persons with disabilities.

Seeing the wood for the trees: preparing for new deforestation due diligence rules in the UK and EU

Published on 24 Oct 2024. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

Single-use plastic ban is 'only the beginning in the war against plastic'

Published on 02 Oct 2023. By Ciara Cullen, Partner and Harpreet Kaur, Associate

Retailers and brands warned today's 'conscious consumer' will expect them to get behind ban's sentiment or risk harming brand loyalty

A shifting landscape? The outlook for data regulation in 2023

Published on 09 Jun 2023. By Jon Bartley, Partner and Amy Blackburn, Senior Associate

With a relatively new Information Commissioner in the UK and a renewed focus on getting post-Brexit data protection laws through Parliament, attention is turning to the ICO’s priorities and how they fit into this new landscape.

Transitioning to a net zero economy

Published on 31 May 2023. By Rosamund Akayan, Knowledge Lawyer and Connor Cahalane, Partner, Head of Public Companies

The TPT has published a draft disclosure framework and implementation guidance for private sector entities to transition to a net zero economy, making recommendations for companies and financial institutions to develop gold-standard transition plans.

CSRD: shakeup of the EU's sustainability reporting rules

Published on 25 May 2023. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead and Sarah Mountain, Partner and Connor Cahalane, Partner, Head of Public Companies

The EU’s new Corporate Sustainability Reporting Directive (CSRD) entered into force on 5 January 2023.

Deposit Return Scheme: Key considerations for drinks  producers and retailers in the UK

Published on 16 May 2023. By Jeremy Drew, Partner, Head of Commercial

Defra has now responded to its consultation on the introduction of a DRS in England, Wales and NI. The DRS will require retailers to charge a small fee on certain drinks containers sold, which consumers can reclaim if they return the container to a designated return point.

Going Green – staying on the right side of competition law

Published on 15 May 2023. By Melanie Musgrave, Of Counsel

Environmental issues are high on the agenda for many consumers and businesses alike. They are also increasingly an area of focus for competition authorities around the world, including the Competition and Markets Authority (CMA), who are keen to ensure that competition law concerns do not unnecessarily prevent businesses from collaborating legitimately on environmental sustainability initiatives.

New REUL? How will the Retained EU Law (Revocation and Reform) affect UK businesses?

Published on 09 May 2023. By Paul Joukador, Partner and Patrick Brodie, Partner

When the Brexit transition period ended, so did the alignment of EU law with UK domestic law.

Casting your net zero ambitions: eight key steps for retailers

Published on 24 Nov 2022. By Patrick Brodie, Partner and Kelly Thomson, Partner, ESG Strategy Lead and Ellie Gelder, Senior Editor Employment & Equality

With climate change at the forefront of the ESG agenda, the employment relationship, and the opportunities to engage with the workforce on this subject, are crucial ingredients in the quest to becoming a truly green retailer.

Extended producer responsibility for packaging: How to prepare

Published on 12 Oct 2022.

In the Spring 2022 edition of Retail Compass, we reported on the Government's consultation on regulations covering extended producer responsibility (EPR) which places the financial burden of dealing with packaging once it becomes waste on producers as opposed to taxpayers.

Where to next for Buy Now Pay Later?

Published on 12 Oct 2022.

On Monday 20 June 2022, HM Treasury responded to its consultation on proposals to extend regulation to unregulated Buy Now Pay Later (BNPL) products. This consultation closed in January 2022. The Treasury's response confirmed the scope of regulation will cover BNPL products and short-term interest free credit (STIFC) provided by third-party lenders.

Online Sales Tax: the right way forward?

Published on 12 Oct 2022.

On 25 February 2022, HM Treasury launched a consultation exploring the possible introduction of an online sales tax (OST) to address the imbalance resulting from the higher business rates applying to in store retailers, compared to online businesses. The consultation closed on 20 May 2022.

Greenwashing: UK regulators set their sights on misleading green claims with an increasing focus on sectors such as fashion retail and F&D

Published on 12 Oct 2022.

UK consumer regulators, the Competition and Markets Authority (CMA) and Advertising Standards Authority (ASA), are ramping up their enforcement of green claims to protect consumers from 'greenwashing'

Fashion brands make up a quarter of ‘greenwashing’ complaints to the CMA

Published on 27 Jun 2022. By Ciara Cullen, Partner

Fashion brands account for a quarter of complaints relating to unsubstantiated green claims since new guidelines were introduced last year, according to research from international law firm RPC.

Imposing new Calorie labelling legislation 'couldn't be worse timing' for hospitality sector

Published on 05 Apr 2022. By Ben Mark, Partner

International law firm RPC warns change could place increased financial burden on businesses only just beginning to recover from pandemic disruption

Whistleblower reports on National Minimum Wage breaches jump 37% within retail sector

Published on 14 Mar 2022. By Jeremy Drew, Partner, Head of Commercial

The number of whistleblower reports relating to alleged National Minimum Wage breaches in the retail sector saw a 37% jump in the past year according to RPC, the international law firm.

RPC’s Retail Compass Autumn edition: What challenges do retailers face post-pandemic?

Published on 21 Sep 2021. By Kimberley Nanson, Senior Communications Manager

RPC, the international law firm has launched the Autumn edition of its Retail Compass, which explores legal and policy changes that are set to impact the retail industry.

FCA consults on new reporting obligations for (i) incidents and (ii) third party arrangements

Published on 16 Jan 2025. By Mark Crichard, Partner and Nigel Wilson, Of Counsel and Praveeta Thayalan, Knowledge Lawyer

On 13 December 2024, the FCA published consultation paper CP24/28 (the CP) on proposals for firms to report on operational incidents and, separately, on material third party arrangements. The CP mirrors similar proposals put forward by the PRA and Bank of England on the same day and is designed to align with current international standards (e.g. the EU Regulation on digital operational resilience (DORA)).

New guidance on balancing data protection with the FCA's Consumer Duty and the TPR's Code of Practice

Published on 19 Dec 2024. By Helen Yost, Senior Associate and Jon Bartley, Partner and Jonathan Charwat, Partner

The Financial Conduct Authority (FCA), Information Commissioner's Office (ICO) and The Pensions Regulator (TPR) have published welcome guidance (Joint Statement) aimed at retail investment firms and pension providers on how to ensure their customer communications comply with the FCA's Consumer Duty (Consumer Duty) and the TPR’s Code of Practice (Code of Practice), whilst ensuring they follow the rules on direct marketing and data protection.

DORA Watch - November 2024

Published on 04 Dec 2024. By Jon Bartley, Partner

As financial entities and ICT service providers undergo the final stages of implementation of the Digital Operational Resilience Act (DORA) requirements into their systems and processes, it is imperative to understand the legal developments and ongoing updates arising from EU Member States as they go through their respective transposition and alignment processes. Through TerraLex - our global legal network, which provides us with access to 22,000 lawyers from highly regarded and carefully vetted law firms stretching more than 120 countries – we have collated legal updates focusing on DORA and its implications in EU jurisdictions.

Is an insurer responsible for 'the same damage' as its insured?

Published on 19 Nov 2024. By Will Sefton, Partner and Head of the Lawyers Liability and Regulatory Group and Richard Seymour, Associate

Same Damage and Third Party Rights: unpacking Riedweg v HCC and the 2010 Act

DORA Developments Compilation – October 2024

Published on 15 Nov 2024. By Jon Bartley, Partner and Richard Breavington, Partner

As financial entities and ICT service providers undergo the final stages of implementation of the Digital Operational Resilience Act (DORA) requirements into their systems and processes, it is imperative to understand the legal developments and ongoing updates arising from EU Member States as they go through their respective transposition and alignment processes. Through TerraLex - our global legal network, which provides us with access to 22,000 lawyers from highly regarded and carefully vetted law firms stretching more than 120 countries – we have collated legal updates focusing on DORA and its implications in EU jurisdictions.

The new Lithium-Ion Battery Safety Bill: where are we with legislation governing lithium-ion battery safety?

Published on 04 Nov 2024. By Jithma Rukunayake, Senior Associate and Andrew Roper, Partner and Aimee Talbot, Knowledge Lawyer

The new Lithium-Ion Battery Safety Bill underwent its first reading on 6 September 2024. We explain the aims of the bill and consider how it fits with the proposed Product Safety and Metrology Bill.

ClientEarth challenges claims made by BlackRock in its sustainable funds

Published on 28 Oct 2024. By James Wickes, Partner and Catherine Zakarias-Welch, Knowledge Lawyer

Not only are regulators clamping down on greenwashing but, as previously highlighted, ClientEarth, a non-profit international environmental law organisation, also has this issue squarely in its sights.

Government consults on regulation of Buy-Now Pay-Later products

Published on 25 Oct 2024. By Whitney Simpson, Of Counsel and Lucy Hadrill, Associate

In 2021, HM Treasury announced its intention to regulate certain unregulated buy-now pay-later (BNPL) products in the UK. This followed recommendations made in the Woolard Review which raised concerns about the increased use of BNPL products during the pandemic and the significant risk that these unregulated credit products could cause consumer harm.

FCA consults on changes to the payments safeguarding regime

Published on 24 Oct 2024. By Whitney Simpson, Of Counsel and Lucy Hadrill, Associate

Under the Payment Services Regulations 2017 (PSRs) and the E-Money Regulations 2011 (EMRs) payment institutions (PIs), electronic money institutions (EMIs), small EMIs and credit unions are required to protect "relevant funds" which they receive when making a payment or in exchange for e-money that has been issued. Current safeguarding requirements are set out in the PSRs and EMRs, with guidance contained in the Financial Conduct Authority's (FCA) Approach Document.

DORA Watch – August and September 2024

Published on 03 Oct 2024. By Jon Bartley, Partner

As financial entities and ICT service providers undergo the final stages of implementation of the Digital Operational Resilience Act (DORA) requirements into their systems and processes, it is imperative to understand the legal developments and ongoing updates arising from EU Member States as they go through their respective transposition and alignment processes. Through TerraLex - our global legal network, which provides us with access to 22,000 lawyers from highly regarded and carefully vetted law firms stretching more than 120 countries – we have collated legal updates focusing on DORA and its implications in EU jurisdictions.

Uncertainty around the mandatory reimbursement cap for APP frauds – a new headache for FI firms and their insurers?

Published on 09 Sep 2024. By James Wickes, Partner and Aimee Talbot, Knowledge Lawyer

New regulations coming on 7 October 2024 will force payment firms to reimburse victims of authorised push payment (APP) fraud up to a set limit. On 4 September 2024, the Payment Systems Regulator (PSR) announced a consultation proposing to set this limit at £85,000, vastly reduced from the previously proposed £415,000 cap. This is a potential headache for insurers as the level of the cap will impact assessment of risk and apportionment of liability between sending and receiving payment firms – and the industry will only have 7 days to prepare.