Commercial Update - Spring 2018

Commercial Update - Spring 2018

Commercial Update - Spring 2018

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.

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  1. Court of Appeal considers whether software supplied electronically is "goods"

    The Court of Appeal considers whether software is “goods” for the purposes of the Commercial Agents (Council Directive) Regulations 1993. In a decision that will be of interest to those in the IT industry, the Court of Appeal has held that... Read more
  2. High Court confirms limited application of frustration of contract

    The High Court has recently emphasised the limited availability of the doctrine of ‘frustration of contract’ in a case concerning a theatrical production amid civil unrest in Greece.   Background It is well established that the parties to... Read more
  3. High Court decision highlights contractual termination pitfalls

    A recent decision of the High Court highlighted the importance of parties thinking carefully about whether they are entitled to bring a contract to an end and properly informing the other contracting party of the grounds for termination.    ... Read more
  4. Corporate criminal liability for failure to prevent tax evasion

    The Criminal Finances Act 2017 introduces two new corporate criminal offences of failure to prevent the facilitation of tax evasion. The two new offences, one for failure to prevent UK tax evasion and the second for failure to prevent facilitation of foreign... Read more
  5. Employer vicariously liable for employee's deliberate data breach

    In a decision that will concern all employers, the High Court has held that Morrisons supermarket was liable for the deliberate data breach by one of its employees, even though he intended to cause harm to his employer.   What happened? The employee... Read more
  6. ICO to introduce Data Protection Fees under the General Data Protection Regulation

    The UK has announced plans to introduce a three tier Data Protection Fee, which will replace the current two tier system of registration for data controllers. The new fee structure is set out in The Data Protection (Charges and Information)... Read more
  7. Guidelines on fines under the GDPR- Article 29 Working Party

    Article 29 Working Party Guidelines on fines under the GDPR The Article 29 Working Party (“WP29”) (a European advisory body on data protection and privacy) adopted  guidelines  for supervisory authorities on setting fines under the... Read more
  8. New draft guidelines on GDPR mandatory breach notifications

    One of the key changes under the GDPR will be the change to reporting personal data breaches. Under the current legislation, most organisations are not generally legally required to report personal data breaches, albeit it is good practice to... Read more
  9. GDPR Transparency draft guidelines published

    The Article 29 Working Party (WP29) published  draft guidelines on transparency  on the the GDPR. The guidelines are divided to help those engaged in GDPR including: Transparency Privacy Notices Further processing Exercise of rights ... Read more
  10. EU announces UK will be a 'third country' in data protection after Brexit

    The European Commission in Brussels published a notice to stakeholders on 9 January 2018, stating that the United Kingdom will be recognised as a “third country” in the field of data protection after its withdrawal from the EU, subject to any... Read more
  11. Draft guidance on children and the GDPR

    Draft guidance on children and the General Data Protection Regulation (EU) 2016/679 (GDPR) has been published by the Information Commissioner’s Office (ICO) and remains open for consultation until 28 February 2018. The guidance sets out the changes... Read more
  12. ASA rules on the meaning of "control" in relation to advertorial vlogs

    The Advertising Standards Agency (ASA) has ruled that two vlogs posted on the YouTube channel Global Cycling Network (GCN) were advertorials, rather than merely sponsored content. Under the Committee of Advertising Practice (CAP) Code, a vlog will be an... Read more
  13. ASA holds business responsible for non-compliant advertising by affiliates

    The Advertising Standards Agency (ASA) has held a number of businesses liable for non-compliant advertisements published by their affiliate marketers. The cases serve as a clear reminder to businesses of the risks of incurring liability and negative... Read more
  14. CAP issues guidance on travel marketing

    The Committee of Advertising Practice (CAP) Executive has published guidance on travel marketing availability and pricing in response to a number of complaints from consumers. The rules around prompts and inducements to customers in advertising have... Read more
  15. CJEU rules that platform bans may not violate competition law

    On 6 December 2017 in its judgement on the Coty Germany GmbH (“Coty”) case, the Court of Justice of the European Union (“CJEU”) ruled that suppliers of luxury goods may be able to prohibit the sale of their premium-branded products on... Read more
  16. The CMA considers its post-Brexit role

    The Competition and Markets Authority (“CMA”) has given some indications of how it sees its role in enforcing competition law following the UK’s withdrawal from the EU.  Its draft annual plan, which has gone out to consultation and... Read more
  17. Multiple CMA investigations in the life sciences sector

    The Competition and Markets Authority (“CMA”) currently has a large number of ongoing investigations in the “healthcare and medical equipment” and “pharmaceuticals” sectors. In this article we look briefly at some of these... Read more
  18. Small Business Commissioner: Payments complaints scheme now open

    The role of the Small Business Commissioner (“SBC”) was created under the Enterprise Act 2016. The SBC is now available to accept complaints from small businesses with a view to helping them resolve payment disputes with larger businesses and... Read more
  19. Further measures in place to tackle unfair payment terms and practices

    The laws around payment under commercial contracts have recently been amended to allow certain representative bodies to challenge the use of “grossly unfair” payment terms and practices. The Late Payment of Commercial Debts (Amendment)... Read more
  20. The UK Modern Slavery Act 2015

    Introduction The Modern Slavery Act consolidated previous offences of slavery and trafficking and addresses the role of businesses in preventing modern slavery from occurring in their supply chains and organisations with an annual reporting obligation for... Read more
  21. Starbucks wins EU General Court decision against Coffee Rocks trade mark

    We are never far away from a Starbucks, and few people could fail to recognise the coffee shop’s iconic mermaid trade mark. Eager to protect its famous logo, Starbucks has now won a long fought for General Court ruling declaring that the logo of a... Read more
  22. Abolition of payment surcharges

    With effect from 13th January 2018 traders will be banned from charging consumers any surcharges based on the consumer’s payment method on nearly all retail transactions within the EEA courtesy of the Payment Services Regulations 2017. The Payment... Read more
  23. What are my options when my franchisor fails?

    Nicola Broadhurst provides options for what to do when your franchisor fails. The article is available in the latest print issue of What Franchise Magazine  and is also available as a PDF download here . ... Read more
  24. Government publishes Digital Charter

    The Department for Media Culture and Sport has published the Digital Charter with the aim of ensuring the UK is both the safest place to be online and the best place to start and grow a digital business. The Digital Charter sets out a rolling programme of... Read more
  25. Guidance on managing risks of cloud-based products

    The National Cyber Security Centre (NCSC) has published guidance on assessing and managing the risks raised by using software that interacts with cloud-based services.  Organisations are increasingly deploying software to both servers and end user... Read more

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