of Local Government Briefing Note 6 of 2015 - Converting failing schools into Academies - a closer look at the Education and Adoption Bill By www.eversheds.com Published On :: 2015-06-17 Background The Government’s latest proposal in reforming the English schooling system was laid before Parliament last week in the form of the Education and Adoption Bill 2015-16 (“the Bill”). The Bill sets out provisions to conver... Full Article
of THE NEW OFFICIAL WARNINGS, A SIGNIFICANT INCREASE IN THE CHARITY COMMISSIONS POWER? By www.eversheds.com Published On :: 2016-01-07 Closing a loophole? One of the key features, and one of the most contentious provisions, of the Charities (Protection and Social Investment) Bill 2015 (the Bill) is the new power it will grant the Charity Commission (the Commission) to issue of... Full Article
of The end of "Made in Germany"? By www.eversheds.com Published On :: 2015-03-23 The new product safety and market surveillance package of the European Commission The German Product Safety Act not only contains regulations on the safety of consumer products, product monitoring as well as on product warnings and recalls. It also ... Full Article
of UK: Internationally mobile employees Changes to Taxation of Share Awards By www.eversheds.com Published On :: 2015-03-30 The UK is changing the way in which it taxes share options and share awards held by employees who move between countries. Some employees will gain and some employees will lose. As an employer, if you have employees on assignment from overseas or you... Full Article
of The proposal for an EC Directive on the protection of trade secrets A state of play By www.eversheds.com Published On :: 2015-05-29 The protection of trade secrets has been on the European legislator’s agenda since 2011. It was felt that the lack of harmonisation in this field is very disadvantageous for cross-border innovation in Europe. After the initial report requested... Full Article
of Germany: Bundeskartellamt blocks takeover by food retailer EDEKA of Kaisers Supermarkets, Parties apply for ministerial authorization By www.eversheds.com Published On :: 2015-06-29 On 31 March 2015, the German Federal Cartel Office (“Bundeskartellamt”, BKartA) announced that it has blocked the proposed takeover of approximately 450 Kaiser’s Tengelmann supermarket branches by EDEKA, the leading German food ret... Full Article
of Eversheds advises Windmill in successful defence of Court of Appeal challenge to retail planning permission By www.eversheds.com Published On :: 2015-07-22 R (on the application of Tesco Stores Limited) v Forest of Dean District Council and (1) JD Norman Lydney Limited (2) Asda Stores Limited (3) Windmill Limited (4) MMC Land & Regeneration Limited1 The Court of Appeal, upholding a decision of the ... Full Article
of Food / Retail Sector Update: European Commission President calls for review of supermarkets power By www.eversheds.com Published On :: 2015-09-18 On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd... Full Article
of Food / Retail Sector Update: European Commission President calls for review of supermarkets power By www.eversheds.com Published On :: 2015-09-18 On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd... Full Article
of Commission blocks Hutchisons takeover of O2 By www.eversheds.com Published On :: 2016-05-27 On 11 May 2016 the Commission blocked an acquisition of Teléfonica UK’s O2 by Hutchison 3G UK’s Three, casting doubt on the acceptability of ‘four to three’ mergers in the mobile sector. The Commission expressed concer... Full Article
of Shipping: the Privy Councils interpretation of permissive language in arbitration clauses By www.eversheds.com Published On :: 2016-06-29 Anzen Limited & Another v Hermes One Limited In the case of Anzen Limited v Hermes One Limited [2016] UKPC 1, the Privy Council considered the use of permissive language in an arbitration clause. Specifically, the Council considered what o... Full Article
of The impact of foreign limitation law on English shipping cases By www.eversheds.com Published On :: 2016-06-30 The Foreign Limitation Periods Act 1984 (the Act) sets out the procedure to be followed when a claim is proceeding in the courts of England and Wales and the laws of any other country apply. Given the international nature of the shipping industry,... Full Article
of Shipping: incorporation of time charterparty terms into a bill of lading By www.eversheds.com Published On :: 2016-06-30 Reviewing the law and the impact on it of both the arguments in the Anna Bo [2015] 2 Lloyd’s Rep 578 and the Congenbill 2016 form The issue Bills of lading often include wording which purports to incorporate charterparty terms. Attempts to inc... Full Article
of Are 261/2004 claims redundant? -impact of the Consumer Rights Act 2015 By www.eversheds.com Published On :: 2016-08-03 Following the outcome of a Government consultation paper, the full force of the Consumer Rights Act 2015 (CRA) will apply to the aviation sector as from the 1 October 2016. The result could lead to compensation being paid up to the price of the air ... Full Article
of Rail Technology: The Transport Select Committee makes recommendations for the delivery of the Digital Railway programme By www.eversheds.com Published On :: 2016-11-15 What is the Digital Railway programme? The Digital Railway programme is a Network Rail led initiative to modernise train command, control and signalling systems used on the British railway network with the aim of substantially improving the capabili... Full Article
of Rail regulation: ORR concludes its initial consultation on the 2018 Periodic Review of Network Rail By www.eversheds.com Published On :: 2016-12-01 Background - The 2018 Periodic Review The Office of Rail and Road (“ORR”) has recently published its conclusions (the “Conclusions”) following its initial consultation in relation to the creation of the 2018 Periodic Review ... Full Article
of Interrupting the ticking clock in respect of a counterclaim By www.eversheds.com Published On :: 2016-12-06 It has always been imperative that a claimant keeps at the forefront of its mind that time is ticking and that any claim it wishes to make must be brought in time. The respective time limit may be set out in statute, such as the Limitation Acts or o... Full Article
of UK: Regulation of Network Rail: An update on ORRs PR18 framework consultation, Overall framework for regulating Network Rail: A PR18 Consultation July 2017 By www.eversheds.com Published On :: 2017-08-10 What is the purpose of the Consultation? The Office of Rail and Road (the “ORR”) is engaged in the 2018 regulatory review of Network Rail, known as the 2018 Periodic Review or “PR18”. PR18 will determine what Network Rail mus... Full Article
of Contestability of the UK Railway Market An update on the Hansford Review By www.eversheds.com Published On :: 2017-10-13 What is the Hansford Review and what is its purpose? Professor Peter Hansford was commissioned by the Board of Network Rail to chair an independent review of “contestability” in the UK Rail Market, with the intent of “encouraging t... Full Article
of Update: Draft EU Implementing Regulation on access to service facilities and use of rail-related services By www.eversheds.com Published On :: 2017-11-28 Executive Summary The European Commission has consulted on an implementing regulation which will provide additional detail for procedures and criteria to be followed by service facility operators in order to satisfy their obligations under Directive... Full Article
of Update: The Competition and Markets Authoritys consultation on proposed guidance for the evaluation of competition issues in passenger rail franchise awards By www.eversheds.com Published On :: 2018-02-01 Background The Competition and Markets Authority (“CMA”) has recently published draft guidance on its approach to assessing rail franchise awards under its merger control powers (the “Draft Guidance”)1. The guidance has been ... Full Article
of Tunisia: The Prime Minister launches strategic pipeline of over 30 new large-scale PPP projects at International Investor Forum By www.eversheds.com Published On :: 2018-10-01 Following close consultation with IFI's including the IFC, World Bank and EBRD, Tunisia has launched a review process to aid with the structuring and implementation of new PPP projects. Eversheds Sutherland was privileged to have been spec... Full Article
of Regulation of Network Rail - ORR publishes its final determination for CP6 By www.eversheds.com Published On :: 2018-11-14 Background The Office of Rail and Road (the “ORR”) has issued its final determination (“Final Determination”) on the regulatory review of Network Rail (“NR”), known as the 2018 Periodic Review (“PR18”)... Full Article
of Coronavirus Department of Transport Regulations South Africa By www.eversheds.com Published On :: 2020-04-01 A notice was published in the government gazette on 30 March 2020, in terms of which the minister of transport (the “Minister”) has, in terms of section 18(7) of the National Road Traffic Act (No. 93 of 1996), extended the licensing and ... Full Article
of Pacific Islands Tourism Professional Fellows Program-Fall 2020 By feedproxy.google.com Published On :: Tue, 31 Oct 2017 22:45:22 +0000 The East-West Center's Professional Development Program is pleased to announce that applications are now being accepted for the Fall 2020 Cohort of the Pacific Islands Tourism Professional Fellows Program. Full Article
of The implementation of the GDPR in Romania By www.eversheds.com Published On :: 2019-04-16 We report on Romania’s recently introduced data protection law, focussing on the provisions relating to the processing of national identification numbers and the rules on the use of CCTV and monitoring in an employment context. In July 2018, R... Full Article
of Data Privacy Implications of the use of CCTV Footage in the press By www.eversheds.com Published On :: 2019-04-24 On 16 April 2019, a controversial 16-minute video containing footage of a what is believed to be a taxi journey taken by two Hong Kong celebrities, Andy Hui Chi-on and Jacqueline Wong, was published on the website of a local newspaper. This publicat... Full Article
of Shining a light on what necessity means for GDPR & tightening up contract as a lawful processing ground in the context of online services By www.eversheds.com Published On :: 2019-04-30 The European Data Protection Board (EDPB) has published a set of guidelines (in draft) for public consultation. These will be absolutely key to providers of online services, such as social media, e-commerce, internet search engines, communication an... Full Article
of ICO issues the long awaited data sharing code of practice for consultation By www.eversheds.com Published On :: 2019-07-26 The ICO has launched a public consultation on its new draft data sharing code of practice. The consultation period ends on 9 September 2019. It is an update of the previous code, to align it with GDPR so as to address transparency, lawful bases for ... Full Article
of ICO updates guidance on timescales for responding to individuals rights: Date of receipt is day one By www.eversheds.com Published On :: 2019-08-16 What you need to know UK regulatory guidance has been updated to the effect that the timescale for responding to individuals’ requests (including subject access requests) is one calendar month from the day of receipt of the ... Full Article
of Have you read the draft EDPB guidelines for the use of video devices (eg CCTV)? Perhaps you should if you use such video devices By www.eversheds.com Published On :: 2019-08-23 Quick Read Many readers may have chosen to skip looking at the Guidelines that the EDPB published for consultation recently, if you are one of them, and you routinely use CCTV (or other similar devices) within your business – you may want to h... Full Article
of ICO updates guidance on manifestly unfounded and excessive in the context of responding to individuals rights By www.eversheds.com Published On :: 2019-08-30 What you need to know UK regulatory guidance has been updated to explain what ‘manifestly unfounded’ and ‘excessive’ means in relation to the individual rights of data subjects under GDPR. This includes but is not limited to ... Full Article
of Decision of the Higher Regional Court of Frankfurt am Main on bundling of consents in sweepstakes By www.eversheds.com Published On :: 2019-10-14 In its decision of 27. June 2019 (Ref. 6 U 6/19), the Higher Regional Court of Frankfurt am Main ruled that participation in a sweepstakes can be made dependent on participants giving their consent to receive future marketing via e-mail or calls. In... Full Article
of ICO in action: Ban on unsolicited marketing calls to members of pension schemes By www.eversheds.com Published On :: 2019-10-18 This speed read follows on from our briefing in November 2018 in which we explained that the government had proposed a change in law to implement a ban specific to pensions related cold calling. At that time it was estimated that 10.9 million ... Full Article
of A review of the Online Harms White Paper By www.eversheds.com Published On :: 2019-11-08 In response to the surge of harmful and illegal content being spread online, the Government currently deliberates legislation for 2020 to establish a regulatory framework that will attempt to make the UK “the safest place in the world to be on... Full Article
of Update: Advocate General advises that the validity of standard contractual clauses is not affected by complaints made in Schrems II By www.eversheds.com Published On :: 2019-12-19 What do I need to know? On Thursday 19 December, Advocate General Saugmandsgaard Øe published his Opinion in Full Article
of New regulations permit the Central Bank of Ireland to limit the rights of data subjects under the GDPR By www.eversheds.com Published On :: 2020-01-15 Precis: In this briefing, we look at the new regulations permitting the Central Bank of Ireland to limit the rights of individuals under the GDPR. On 30 October 2019 the Data Protection Act 2018 (section 60(6)) (Central Bank of Ireland) Regulations ... Full Article
of Commencement of the Protection of Personal Information Act 1 April 2020 By www.eversheds.com Published On :: 2020-01-28 President Cyril Ramaphosa has received a request from the Information Regulator Chairperson to declare that the remaining provisions of the Protection of Personal Information Act (POPIA) commence on 1 April 2020. If the President acts on the Informa... Full Article
of Further Judicial Recognition of Bitcoin as Property Following Ransomware Attack By www.eversheds.com Published On :: 2020-02-03 The Court in AA v Persons Unknown [2019] EWHC 3556 (Comm) (17 January 2020) ordered injunctive relief against unknown persons accused of extorting ransom payments in the form of Bitcoin worth $950,000 from an insurance company, following a cyber-att... Full Article
of Coronavirus - The use of Personal Data in connection with Covid-19 Hong Kong By www.eversheds.com Published On :: 2020-03-18 As a general rule of data privacy protection in Hong Kong, personal data should be used only for the original purpose for which the data was collected, or a directly related purpose. One exception is where the data user obtains the consent from the ... Full Article
of When does private no longer mean private? Implications of a challenge to the SFCs accessing of digital devices in an investigation By www.eversheds.com Published On :: 2020-04-01 The Hong Kong Court has recently confirmed the Securities and Futures Commission (“SFC”)’s powers to seize, search and compel access to digital devices rejecting challenges to such powers based on privacy grounds. Data privacy is a... Full Article
of Coronavirus - Returning to the office: back to normal? - UK By www.eversheds.com Published On :: 2020-05-04 This week, the Government intends to set out its “road map” to “unlock the economy” and get people back to work. Therefore, in the not too distant future (hopefully sooner rather than later for the majority), businesses will ... Full Article
of The EU Court provides guidance on the use of framework agreements by contracting authorities By www.eversheds.com Published On :: 2019-02-11 Case C-216/17, Autorità Garante della Concorrenza e del Mercato – Antiturst, Coopservice Soc. coop. arl In its judgment of 19 December 2018 (the &ldq... Full Article
of The General Court annuls the Commissions 2016 decision on the Belgian excess profit tax rulings By www.eversheds.com Published On :: 2019-02-14 The General Court of the European Union annulled on 14 February the European Commission’s decision of 11 January 2016 (Decision (EU) 2016/1699), in which it had found that Belgium’s excess profit exemption scheme was incompatible with EU... Full Article
of Sainsbury's / Asda and the CMA - a statement of intent pre-Brexit By www.eversheds.com Published On :: 2019-02-28 On 21 and 20 February 2019 respectively the Competition and Markets Authority (CMA) published its Provisional Findings and a Full Article
of Case C-260/17, Anodiki Services EPE: interpreting the scope of the employment contracts exemption under EU procurement legislation By www.eversheds.com Published On :: 2019-03-05 Case C-260/17, Anodiki Services EPE1: interpreting the scope of the “employment contracts” exemption under EU procurement legislation Introduction The judgment relates to a request for a preliminary ruling made by Greece’s Council ... Full Article
of Internal Monitoring - The Legislator reverts to the issue of antitrust compliance By www.eversheds.com Published On :: 2019-09-13 ... Full Article
of Court of Appeal upholds CMA's online sales ban decision in the golf equipment sector By www.eversheds.com Published On :: 2020-01-28 On 21 January 2020, the Court of Appeal (‘CoA’) upheld the Competition Appeal Tribunal (‘CAT’) judgment, finding that Ping Europe Ltd (‘Ping’) breached competition law by prohibiting its retailers from sell... Full Article
of Coronavirus - Impact on International Trade & overview of unilateral protectionist measures By www.eversheds.com Published On :: 2020-03-06 Introduction Following the declaration by the World Health Organisation (WHO) on 30 January of a Public Health Emergency of International Concern (PHEIC) in response to the coronavirus crisis (please see our last briefing here), the vi... Full Article
of Coronavirus - Impact on International Trade & overview of unilateral protectionist measures By www.eversheds.com Published On :: 2020-03-06 Introduction Following the declaration by the World Health Organisation (WHO) on 30 January of a Public Health Emergency of International Concern (PHEIC) in response to the coronavirus crisis (please see our last briefing here), the vi... Full Article
