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The EU's Cyber Resilience Act: 10 on the 10

Published on 10 Dec 2024. By Richard Breavington, Partner and Dorian Nunzek, Trainee Solicitor

Today the EU's Cyber Resilience Act (Regulation (EU) 2024/2847) ('CRA') enters into force. The CRA recognises that the continuously evolving world of smart products is frequently challenged by vulnerabilities which can potentially lead to cyber-security incidents. Whilst most of the Act's obligations will not be applicable until three years from now, 10 December is the day when the EU takes a big step towards it's ten-year Cybersecurity Strategy. To mark the occasion, we have outlined ten key points that entities in scope must be aware of in preparation for compliance with the CRA.

New Data (Use and Access) Bill

Published on 26 Nov 2024. By Jon Bartley, Partner and Praveeta Thayalan, Senior Knowledge Lawyer

What does the new Data (Use and Access) Bill (the Data Bill) mean for businesses?

Virtual billboards: the future of immersive advertising?

Published on 15 Jan 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and Elizabeth Alibhai, Partner and Nick Lauw, Partner

With the deployment of immersive technologies poised to become the norm, the implementation of infrastructure for "virtual billboards", and the "property digital rights" which they demand, is demonstrating a lucrative gap in the market and huge growth potential.

Changes to the One Stop Shop

Published on 09 Oct 2023. By Richard Breavington, Partner

In July 2023 the European Commission issued a Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679 (the 'GDPR' Regulations).

Digital Markets, Competition and Consumers Bill opens door for stricter regulation of news platforms

Published on 07 Jul 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How might the proposed Digital Markets, Competition and Consumers Bill (the Bill) affect news reporting by digital platforms?

Online Safety Bill: Latest amendments increase focus on children safety

Published on 31 Mar 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What is the focus of the latest round of amendments proposed to the Online Safety Bill and how will these impact online platforms?

AI technology projects – the regulatory landscape

Published on 24 Feb 2023. By Helen Armstrong, Partner and Ricky Cella, Senior Associate and Joshy Thomas, Senior Knowledge Lawyer

Parties engaged in AI technology projects should be mindful of the regulatory landscape, and the changes taking place within it. A failure to do so could result in an AI solution that is not compliant from a regulatory perspective, the use of which potentially creates risk for the technology provider and user.

RPC Law x Web3: Gambling regulations – Don't Play Games of Chance with the Law

Published on 22 Feb 2023. By Nick Lauw, Partner and Pu Fang Ching, Senior Associate

This is part of a series of RPC x Web3 articles designed to help Web3 participants and enthusiasts understand their rights in this rapidly evolving space.

New Digital Regulators on the 2023 Horizon: the Digital Markets Unit and the European Centre for Algorithmic Transparency

Published on 02 Dec 2022. By David Cran, Partner, Head of Disputes and Chris Ross, Partner

For a number of years, the UK Government has been laying the groundwork to bring in a digital markets regime to regulate digital firms designated as having ‘strategic market status’ (SMS). To be designated as having SMS, a firm must have 'substantial and entrenched market power' in at least one activity. Companies having SMS are likely to include the largest tech firms such as Amazon, Apple, Google, Microsoft and Meta (the so called 'GAMMA' firms).

Digital services providers—Commission to focus on implementation phase of EU consumer protection legislation

Published on 31 Oct 2022. By David Cran, Partner, Head of Disputes and Ellie Chakarto, Senior Associate

The Digital Services Act (DSA) and the Digital Markets Act (DMA) are published in the Official Journal and the plenary vote of the European Parliament on the proposed text of the AI Act is expected once amendments are agreed by negotiators. The Commission is now turning its focus to the implementation phase of these landmark regimes. So, what does the future hold for the European tech sector and how might it differ for the UK?

The EU Digital Markets Act - a focus on gatekeeper obligations and sanctions

Published on 12 Oct 2022. By David Cran, Partner, Head of Disputes and Joshy Thomas, Senior Knowledge Lawyer

What key obligations will the Digital Markets Act (DMA) impose on online platforms designated as gatekeepers?

New developments in AI may put law firms at greater risk of phishing fraud

Published on 28 Apr 2023. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group

As the computing power of Artificial Intelligence continues to grow exponentially, we consider how generative technology may expand the reach of traditional phishing frauds aimed at law firms.

Shell directors facing potential UK ESG shareholder derivative lawsuit

Published on 18 Mar 2022. By James Wickes, Partner

In the wake of COP26, more focus than ever is being given to the climate risks which apply to every aspect of business. Scrutiny of a company's climate awareness and adherence to applicable regulation is at the forefront of minds of companies' stakeholders.

Take 10 - 04 April 2025

Published on 04 Apr 2025. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Megan Grew, Associate and Niamh Greene, Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 24 January 2025

Published on 24 Jan 2025. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 6 December 2024

Published on 06 Dec 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 – 26 July 2024

Published on 26 Jul 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 12 July 2024

Published on 12 Jul 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Parliamentary 'wash up' – which Bills made it through?

Published on 31 May 2024. By Paul Joukador, Partner and Praveeta Thayalan, Senior Knowledge Lawyer and Shahil Goodka, Trainee Solicitor

On 22 May 2024, Prime Minister Rishi Sunak announced that a General Election will take place on 4 July 2024. Parliament was then prorogued on 24 May 2024 which allowed a mere 2 days for 'wash up' - the process by which outstanding bills may be rushed through the parliamentary process.

Take 10 – 23 May 2024

Published on 23 May 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Ofcom's 'Roadmap to Regulation' underway with its consultation on illegal harms duties under the Online Safety Act

Published on 12 Jan 2024.

In November, Ofcom, as new online safety regulator, published the first of four major consultations under the Online Safety Act ("OSA"), which sets out its proposals for how "user-to-user" ("U2U") services (essentially any online website or app that allows users to interact with each other) and online search services (i.e. Google, Bing and similar) should approach their illegal content duties under the new legislation. The consultation provides guidance in a number of areas including governance, content moderation, reporting and complaints mechanisms, terms of service, supporting child users, and user empowerment.

The Times recognises RPC among Best Law Firms 2024

Published on 30 Oct 2023.

International law firm, RPC, has been recognised by The Times in its Best Law Firms 2024 report, an annual ranking of the top 250 law firms in England and Wales.

The Online Safety Bill is set to become law

Published on 21 Sep 2023. By Rupert Cowper-Coles , Partner, Media

The Online Safety Bill will shortly become law in the UK as soon as it receives Royal Assent. The legislation will introduce a new regulatory regime for online platforms and search engines which target the UK, imposing wide-ranging obligations on in-scope services with serious consequences for non-compliance.

Take 10 - 06 July 2023

Published on 07 Jul 2023. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Jake Cotterill, Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

The Online Safety Bill and the risk of unintended consequences

Published on 31 Mar 2023.

The Online Safety Bill was reintroduced to Parliament late last year, with new amendments receiving scrutiny in the House of Commons in December, before the bill entered the House of Lords in January. The bill continues to evolve, most notably with the government removing the requirement for user-to-user platforms and search engines to prevent adult users from encountering "legal but harmful" content, instead requiring online platforms to provide users with enhanced content controls (i.e., choice as to what content is seen), and imposing further obligations around transparency and enforcement of online platforms' terms and conditions. "Legal but harmful" obligations remain in place for under 18s. The government has recently agreed to introduce criminal sanctions for senior managers who fail to take proportionate measures to protect children from potentially harmful content.

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Lawyers Covered - July 2025

Published on 29 Jul 2025. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Samantha Cresswell, Associate and Simon Love, Senior Associate and Harriet Keltie, Senior Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

Lawyers Covered - June 2025

Published on 30 Jun 2025. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Sarah Herniman, Associate and Tom Butterfield, Associate and Victoria Lawman, Trainee Solicitor and Oliver Clarke, Trainee Solicitor

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

Lawyers Covered - May 2025

Published on 30 May 2025. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Alexandra Anderson, Partner and Katharine Cusack, Partner and Cecilia Everett, Partner and Helen Kerr, Senior Associate and Karl Shortman, Associate and Laura Sponti, Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

Lawyers Covered - April 2025

Published on 30 Apr 2025. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Tom Butterfield, Associate and Kerone Thomas, Associate and Simon Love, Senior Associate and Shanice Holder, Associate and Tom Wild, Senior Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

Lawyers Covered: March 2025

Published on 01 Apr 2025. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Tom Butterfield, Associate and Kerone Thomas, Associate and Simon Love, Senior Associate and Shanice Holder, Associate and Tom Wild, Senior Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

Lawyers Covered - February 2025

Published on 26 Feb 2025. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Tom Butterfield, Associate and Kerone Thomas, Associate and Simon Love, Senior Associate and Shanice Holder, Associate and Tom Wild, Senior Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our February 2025 edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

Lawyers Covered - January 2025

Published on 30 Jan 2025. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Tom Butterfield, Associate and Kerone Thomas, Associate and Simon Love, Senior Associate and Shanice Holder, Associate and Tom Wild, Senior Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our January 2025 bumper edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

Acceptable levels of consumer harm – the FCA seek guidance in balancing risk with reward

Published on 30 Jan 2025. By Damien O'Malley, Associate

The chief executive of the Financial Conduct Authority (FCA), Nikhil Rathi, has called for the UK government to define an 'acceptable level of consumer harm' in response to the government's demand for reduced regulations.

The FCA reveals its new strategy for supervision of wholesale brokers

Published on 30 Jan 2025. By Kristin Smith, Trainee Solicitor and Esme Watson, Senior Associate

On 24 January 2025, the Financial Conduct Authority (FCA) published a portfolio letter setting out their new strategy for supervising wholesale brokers.

An update to the FCA's "polluter pays" framework – accountability for harm caused to consumers.

Published on 16 Jan 2025. By Faheem Pervez, Senior Associate

The Financial Conduct Authority (the FCA) has issued updated guidance on its "polluter pays" framework. In an update published on 14 January 2025, the FCA provided further information on the framework, which could lead to firms compensating consumers when they provide poor advice, products or services.

Ombudsman decision – clarifying liability where there are delays in the pension administration process

Published on 13 Jan 2025. By Kerone Thomas, Associate

When delays occur in pension transfers, the implications for members can be significant—but how far does a provider’s responsibility extend? A recent determination by the Pensions Ombudsman in the case of Mr R offers important clarification. Whilst the Ombudsman recognised some administrative shortcomings, the decision reaffirmed that providers are not liable for all financial consequences arising from delays, particularly when those consequences result from a member’s own actions.

Lawyers Covered - December 2024

Published on 19 Dec 2024. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Victoria Lawman, Trainee Solicitor and Richard Seymour, Associate and Robyn Crowter, Associate and Samantha Cresswell, Associate

What could be more festive than our December edition of Lawyers Covered – so here it is, a gift from the Lawyers Liability and Regulatory Group at RPC, to all of you, our lovely readers! And it’s a bumper edition with links to 3 full articles as well as our usual snippets. Happy holidays!

Lawyers Covered - November 2024

Published on 29 Nov 2024. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Victoria Lawman, Trainee Solicitor and Richard Seymour, Associate and Robyn Crowter, Associate and Samantha Cresswell, Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the November edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

FCA reveals crypto regulation roadmap as ownership continues to surge.

Published on 27 Nov 2024. By Rebekah Bayliss, Associate and Kristin Smith, Trainee Solicitor

With public ownership and awareness of crypto on the rise, the Financial Conduct Authority (FCA) announces its roadmap to making crypto a fully regulated asset class by 2026.

City Minister supports imposition of FOS case fees for CMCs

Published on 11 Nov 2024. By David Allinson, Partner

In what may well be welcome news for the industry, the new City Minister has supported the FOS' proposals to charge case management companies (CMCs) a £250 fee for referring complaints to the Financial Ombudsman Service. The hope is that this prevent FOS being overwhelmed with 'poorly evidenced' complaints.

FCA provides guidance for Lifetime Mortgage Providers

Published on 06 Nov 2024.

The FCA has set out its key concerns and priorities for lifetime mortgage providers ("LMPs") in a Dear CEO letter. The concerns and priorities of the FCA highlighted in the letter will be of interest to those in the LMP market and their FI insurers.

Vehicle Finance claims drive forward with a key Court of Appeal Judgment – but what are the implications?

Published on 05 Nov 2024. By James Wickes, Partner and David Allinson, Partner and Damon Brash, Senior Associate and Rachael Healey, Partner

A Court of Appeal judgment exploring the payment of commissions in the vehicle finance industry has been handed down by the Court of Appeal, finding in favour of the claimants and ordering repayment of the commission plus interest to the claimants. This decision comes amid the backdrop of the hotly discussed FCA investigation into vehicle finance complaints involving discretionary commission arrangements ("DCA") and a number of complaints sat at FOS and before the County Courts. We explore the key takeaways from the judgment.

Lawyers Covered - October 2024

Published on 28 Oct 2024. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Caroline Shiffner, Senior Associate and Victoria Lawman, Trainee Solicitor and Helen Kerr, Senior Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the October edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

Call of duty - FCA takes on Premium Finance

Published on 21 Oct 2024. By Haiying Li, Associate and David Allinson, Partner

The FCA has published a market study inviting discussion on premium finance. At the same time, the Government has announced a plan to assemble a new cross-government taskforce on motor insurance. This will focus on ensuring customers are being treated fairly (both by being offered affordable premiums and an appropriate level of cover) and equally (regardless of demographics, geographies and communities).

(Blue)crest of a wave – case law on the need for a legal liability under a single firm redress scheme

Published on 14 Oct 2024. By David Allinson, Partner

In a decision that will cause consternation for FCA regulated entities and their insurers alike, the Court of Appeal (COA) has overturned the Upper Tribunal (UT's) decision in The Financial Conduct Authority v Bluecrest Capital Management (UK) LLP. The UT's decision had reinforced the need for a legal liability to be established before redress was payable under a single-firm redress scheme. The COA has comprehensively overturned the UT's ruling, casting the position into doubt. Given the increased need for firms to consider whether foreseeable harm has been suffered (and to look to rectify things if it has) following the introduction of the Consumer Duty, this could have far reaching consequences.

Litigation funder's ATE policy was not sufficient to avoid security for costs order

Published on 09 Oct 2024. By Lauren Butler, Associate and Matthew Watson, Partner

In Asertis v Lewis Barry Bloch [2024] EWHC 2393 (Ch), a litigation funder has been ordered to pay security for costs into court due to concerns it would not be able to meet an adverse costs order, and that its After-The-Event insurance policy would not meet such an order.

FCA portfolio letter highlights FCA priorities for the next 2 years for the financial advice sector

Published on 08 Oct 2024. By Rachael Healey, Partner

Yesterday the FCA issued a portfolio letter outlining its priorities for the next 2 years for the finance advice and investment intermediary market. Those priorities are - reduce and prevent serious harm, monitor and test higher industry standards under the consumer duty and enable more consumers to pursue their financial objectives through the advice guidance boundary review. Highlights include (1) retirement income advice, ongoing advice services and "polluter pays" are specifically referred to when it comes to reducing and preventing serious harm and (2) continued focus on the expectations around the consumer duty. The letter also confirms that we can expect a further update from the FCA on its review of the retirement income advice market in the first quarter of 2025 and an update on ongoing advice services later this year – we wait to see if this means the FCA puts pressure on firms in relation to any regulatory exercises.