Commercial and Technology Update - Winter 2018

Commercial and Technology Update - Winter 2018

Commercial and Technology Update - Winter 2018

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

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  1. Crowdfunding: FCA seeks balance between encouraging innovation and protecting investors with latest consultation paper

    Having introduced its crowdfunding rules in 2014, the Financial Conduct Authority (the “ FCA ”) commenced a post-implementation review of its regulation of the sector in July 2016. Two years later, the FCA is finalising its consultation paper... Read more
  2. EU Blockchain Industry Roundtable

    An EU Blockchain Industry Roundtable was held on 20 November 2018, marking an important step towards creating a European community that supports the deployment of blockchain technology. As part of Roundtable discussions, industry leaders and innovative... Read more
  3. European consultation on driverless cars

    The European Commission has recently issued a public consultation to consider issues arising from the use of driverless cars. This latest public consultation invites the general public and relevant industry stakeholders to comment on the main challenges... Read more
  4. Sir Tim Berners-Lee announces a new 'Contract for the Web' at Web Summit in Lisbon

    Nicknamed by many as the ‘Magna Carta for the Web’, the new global campaign launched by the World Wide Web Foundation (set up by Berners-Lee in 2008) has already received support from over 50 organisations including Google and Facebook. At a Web... Read more
  5. ASA Ruling - Influencer Tweet An Ad

    The recent ASA ruling upheld against Unibet serves as a reminder to businesses that social media posts by their brand ambassadors may be considered by the Advertising Standards Agency (“ASA”) to be adverts. Where this is the case the social... Read more
  6. Progress made on tackling late payments with further steps being taken

    Over recent years the government has taken steps to tackle the problem of late payment between businesses in the UK - a particular issue for SME suppliers. Recent measures As part of promoting a ‘responsible payment culture’, April 2017 saw the... Read more
  7. The Geoblocking Regulation - what businesses need to know

    The so-called Geoblocking Regulation (full title- Regulation (EU) 2018/302 of the European Parliament and the Council on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or... Read more
  8. CAT upholds CMA's decision regarding Ping's ban on online sales of golf equipment

    The Competition Appeal Tribunal (CAT) has issued a judgment in Ping’s appeal of the Competition and Markets Authority's (CMA) decision regarding Ping’s online sales ban. The CAT upheld the CMA's findings that the actions of... Read more
  9. Employers vicariously liable for deliberate misuse of personal data by rogue employees

    The recent Court of Appeal decision in the case of Wm Morrisons Supermarkets Plc v Various Claimants shows that employers may now be vicariously liable for data breaches caused by the deliberate acts of rogue employees, even where the employer is otherwise... Read more
  10. ICO Issues guidance on encryption and passwords

    On 1 November 2018 the Information Commissioner’s Office ( ICO ) issued new guidance in relation to the use of encryption and passwords as security measures. Article 32 of the GDPR suggests encryption of personal data as a potential method of... Read more
  11. CAP Code changes to reflect GDPR

    Introduction The Committee of Advertising Practice (CAP) who is responsible for the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), announced changes to the CAP Code on 6 November. The changes, to take effect... Read more
  12. Frustration and Brexit

    Canary Wharf T1 Limited and the European Medicines Agency (EMA) are currently involved in litigation surrounding the EMA’s lease of office premises and the impending relocation by the EMA to Amsterdam.  The EMA case highlights the issues arising... Read more
  13. Shall we or shan't we? - Court of Appeal holds no obligation imposed by use of "shall" in a commercial referral agreement

    It is common practice in commercial agreements for parties to use the word “shall” where they intend to impose a binding contractual obligation to do, or not to do, something. However the recent decision of the Court of Appeal in PM Law Ltd v... Read more
  14. Successful misrepresentation claim - Vision Express franchise

    It is unusual for franchise disputes to make it all the way to the courts, so when they do it provokes a stir amongst the franchise community. Such cases provide valuable direction as to what should be avoided or addressed in franchise practice and... Read more
  15. Upcoming seminar: save the date


    Date: 31 January 2019
    Location: London

    January is the most popular month for executives to jump ship for a competitor –  is your business and its data safe from the enemy within? Our Employee Competition, IP and Data Protection experts will offer practical guidance on how best to protect your business and deal with the immediate aftermath of an employee exit. Learn more


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