Commercial Update - September 2016

Welcome to the Commercial Update - an e-bulletin from the Commercial team at S&B, containing news about recent and topical developments in commercial and trading law.

Contact our experts for further advice

Beverley Whittaker, Beverley Flynn

Contents

  1. Brexit: The effect on commercial contracts
  2. Brexit and Data Protection in the UK
  3. Handling personal data in the healthcare sector
  4. Privacy Shield Approved
  5. EU Model clauses under attack - impact on the transfer of personal data outside the EEA including to the US
  6. ICO releases the Information Commissioner's Annual Report and Statement 2015/16
  7. ECJ finds that a Supplier's choice of governing law clause is unfair for consumers
  8. Are you up to date on consumer law?
  9. Are you up to date on consumer rights? Consumer Law Q&A: Free Digital Content
  10. European Commission moves to prevent e-commerce geo-blocking
  11. Nike to stop making golf equipment: some thoughts from a contract law perspective
  12. CAP publishes advice on vehicle fuel efficiency claims
  13. Brexit - The implications for competition law
  14. ASA announces new approach to broadband price claims
  15. ASA rules against 4 YouTube adverts
  16. Resale price maintenance and franchising: latest updates
  17. The principle of good faith in franchise agreements
  18. Sainsbury's awarded £68 million in private damages claim against MasterCard
  19. The Competition and Markets Authority settles with an online seller who admitted using automated repricing software to implement an illegal cartel
  20. The European Commission adopts a decision that the Irish government granted to Apple 13 billion of illegal state aid
  21. Regulations on reporting payment practices now in force
  22. Execution of a document using an electronic signature
  23. Distribution agreements - sale of goods or supply of services in the absence of a written contract?
  24. Oral variations of commercial contracts - Court signals a flexible approach
  25. Software held to be goods for the purposes of the Commercial Agents Regulations 1993
  26. Network and Information Security Directive now in force
  27. BIS Select Committee reports on digital economy
  1. Brexit: The effect on commercial contracts

    Following the outcome of the EU Referendum on 23 June 2016, the full extent of the consequences of the UK’s possible exit from the EU is not yet known. If the UK government acts on the referendum results and commences the process for exiting the EU,... Read more
  2. Brexit and Data Protection in the UK

    Much of the UK’s data protection law comes from the European Union, so what effect might a Brexit have on the regulation of data protection in the UK? Current position and data protection reform Data protection is regulated in the EU primarily by... Read more
  3. Handling personal data in the healthcare sector

    July 2016 has been a busy month for personal data in the healthcare sector, with the publication of the National Data Guardian for Health and Care’s (“NDG”) “Review of Data Security, Consent and Opt-Outs” ( available here )... Read more
  4. Privacy Shield Approved

    The European Commission has on 12 July 2016 adopted the Privacy Shield framework, giving UK businesses that had previously relied on the now invalidated Safe Harbour scheme another mechanism for sending personal data to the US. Like Safe Harbour, the... Read more
  5. EU Model clauses under attack - impact on the transfer of personal data outside the EEA including to the US

    The EU Data Protection Directive 95/46/EC restricts the transfer of personal data to a country outside of the European Economic Area (EEA) unless that country has an adequate level of protection in place for the protection of individuals. There are a number... Read more
  6. ICO releases the Information Commissioner's Annual Report and Statement 2015/16

    The Information Commissioner’s Office (ICO) recently released the Information Commissioner’s Annual Report and Statement 2015/16, which provides an insight into the operation of the ICO over the past year from an operational perspective. You can... Read more
  7. ECJ finds that a Supplier's choice of governing law clause is unfair for consumers

    In Konsumenteninformation v Amazon EU Sàrl (“Amazon”) (Case C-191/15) , the European Court of Justice (“ECJ”) held that a supplier’s standard term choosing the law of the supplier’s place of establishment as... Read more
  8. Are you up to date on consumer law?

    Consumer Law Q&A: Goods Purchased In-store The first instalment of our Consumer Law Q&A series looks at common queries surrounding consumer rights and remedies relevant to goods purchased in store, following the introduction of the Consumer Rights... Read more
  9. Are you up to date on consumer rights? Consumer Law Q&A: Free Digital Content

    The third instalment of our Consumer Law Q&A series looks at common queries surrounding consumer rights and remedies relevant to the provision of free digital content, following the introduction of the Consumer Rights Act 2015 (“CRA”). ... Read more
  10. European Commission moves to prevent e-commerce geo-blocking

    The European Commission (the Commission) has suggested new proposals which will apply when consumers or companies buy goods or services online. Background In May 2015, the Commission issued its digital single market strategy (the strategy) which... Read more
  11. Nike to stop making golf equipment: some thoughts from a contract law perspective

    Nike’s recent announcement that it will transition out of making golf clubs, balls and bags was one of the bigger announcements this summer from a sporting goods and general retail perspective. As the subsequent surge in Callaway stock price ... Read more
  12. CAP publishes advice on vehicle fuel efficiency claims

    The Committee of Advertising Practice (CAP) has published some tips on how car and vehicle advertisements can remain compliant with the CAP Code of Advertising Practice (Code) when making fuel efficiency claims. This is welcome advice in light of the recent... Read more
  13. Brexit - The implications for competition law

    In this article we consider the possible impact on Competition law following the UK’s vote to leave the European Union (“EU”) on 23 June 2016. The potential implications for Competition law differ depending on whether the UK is a member of... Read more
  14. ASA announces new approach to broadband price claims

    The Advertising Standards Agency (ASA) has announced that it will be toughening its approach to advertising fixed broadband price claims from October this year. It is hoped the new approach will avoid misleading consumers and will ensure they receive... Read more
  15. ASA rules against 4 YouTube adverts

     A recent ruling by the Advertising Standards Authority (“ASA”) in respect of four YouTube adverts shown by mobile phone operator Hutchinson 3G UK Ltd (“Three”) serves as a reminder to businesses of the importance of... Read more
  16. Resale price maintenance and franchising: latest updates

    Overview The Competition and Markets Authority (CMA) recently published an open letter to businesses warning of the risks in suppliers restricting their retailers’ resale prices. The letter follows two decisions by the CMA, taken earlier this... Read more
  17. The principle of good faith in franchise agreements

    The decision in Apollo Window Blinds Ltd v McNeil & Anor once again raises the principle of good faith in franchise agreements and also provides an insight into the High Court’s use of injunctions to enforce post-termination restrictions. We... Read more
  18. Sainsbury's awarded £68 million in private damages claim against MasterCard

    On 14 July 2016 the Competition Appeal Tribunal (the “CAT”) found that MasterCard had infringed UK and EU competition law in the setting of UK multilateral interchange fees in respect of credit and debit card transactions (known as... Read more
  19. The Competition and Markets Authority settles with an online seller who admitted using automated repricing software to implement an illegal cartel

    On 28 July 2016, the CMA announced that it had issued a statement of objections to Trod Limited (“Trod”) and GB eye Limited (trading as GB Posters (“GB”)) setting out the CMA’s case that the parties had implemented an illegal... Read more
  20. The European Commission adopts a decision that the Irish government granted to Apple 13 billion of illegal state aid

    On 30 August 2016, the European Commission (“Commission”) adopted a decision that the Irish government granted Apple €13 billion of illegal state aid through two tax rulings and ordered it to recover the aid (plus interest).  The tax... Read more
  21. Regulations on reporting payment practices now in force

    Large companies and large LLPs are now required to report on their payment practices and policies for financial years beginning on or after 6 April 2017.

    Read more
  22. Execution of a document using an electronic signature

    On 25 July the Law Society issued guidance on the use of electronic signatures (or e-signatures). Prepared by a joint working party of the Law Society, the City of London Law Society and leading City law firms, and reviewed and approved by leading counsel... Read more
  23. Distribution agreements - sale of goods or supply of services in the absence of a written contract?

    A recent case highlighted the perils of not having a written contract in the context of termination of a distribution arrangement and has provided some useful guidance on the legal treatment of distribution agreements. In the case of Granarolo SpA v... Read more
  24. Oral variations of commercial contracts - Court signals a flexible approach

    Many commercial contracts contain a clause requiring that variations to the contract must be agreed between the parties and made in writing. It is a common contractual provision intended to provide certainty and security to the contracting parties. Although... Read more
  25. Software held to be goods for the purposes of the Commercial Agents Regulations 1993

    In a recent decision the High Court has held that software should be considered “goods” for the purposes of the Commercial Agents Regulations 1993 (Regulations). The decision has potentially significant implications for software providers who... Read more
  26. Network and Information Security Directive now in force

    A new EU-wide cybersecurity law, Directive (EU) 2016/1148 (NIS Directive), has come into force this month.  The NIS Directive aims to increase the level of protection against network and information security incidents, risks and threats across the EU... Read more
  27. BIS Select Committee reports on digital economy

    In July the House of Commons Business, Innovation and Skills Select Committee published its report on the digital economy. The committee urged the government to publish its digital strategy as soon as possible and, amongst other conclusions, made a number of... Read more

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