con Coronavirus Legal consequences of supply shortages Germany By www.eversheds.com Published On :: 2020-03-19 1.1 What impact might production downtime or circumstances with similar effect have on supply contracts? Reduced production or similar measurements and resulting supply shortages can cause severe problems to distributors or intermediaries, as they ... Full Article
con Coronavirus - Considerations for IT contracts - UK By www.eversheds.com Published On :: 2020-03-19 Introduction One of the many implications of the Coronavirus outbreak is a renewed focus on contract terms that allow suppliers early warning of customer financial difficulty. However, for suppliers of IT, English insolvency legislation prevents tho... Full Article
con Coronavirus Consumer refund rights for services - UK By www.eversheds.com Published On :: 2020-04-22 The escalation of the COVID-19 outbreak has resulted in many businesses being unable to perform their contractual obligations to their customers, whether by being unable to perform at all, or finding that they are having to delay performance signifi... Full Article
con Chinas Ministry of Commerce announces intention to investigate 80 industries regarding possible anti-competitive conduct By www.eversheds.com Published On :: 2014-06-23 The Chinese Ministry of Commerce (“MOFCOM”) recently announced the intention of the Chinese competition authorities to step up the number of their investigations into possible anti-competitive and abusive market conduct. Chinese co... Full Article
con Consultation begins on Sentencing Guidelines for Food Safety and Hygiene offences By www.eversheds.com Published On :: 2014-11-27 “We want to ensure that these crimes don’t pay.” Michael Caplan QC, Sentencing Council Member In an era where price fixing and anti-competitive practices attract fines measured in billions, the disparity associated with sentencin... Full Article
con Eversheds' Annual Food and Drink Conference - key highlights By www.eversheds.com Published On :: 2014-12-16 Keynote speaker – Challenges in the Food & Drink Industry Annus horribilis; the year of the chicken On Tuesday 2 December, Eversheds hosted its annual Food and Drink conference, which opened with a keynote speech by the hugely ... Full Article
con Contractual Advantage: New Rules of Agricultural and Food Product Trade By www.eversheds.com Published On :: 2017-07-21 The Act of 15 December 2016 on Counteracting Unfair Use of Contractual Advantage in Trade of Agricultural and Food Products came into force and effect on 12 July 2017. The law confers additional powers on the President of the Office of Competition a... Full Article
con Trials' Lessons: Contentment By feeds.gty.org Published On :: Wed, 06 May 2020 00:00:00 -0700 “Considering the reproach of Christ greater riches than the treasures of Egypt . . .” (Hebrews 11:26). Trials can show that material things are inadequate to meet our deepest needs. We rely every day on material possessions—cars, computers, pagers, telephones, microwaves, radios, and TVs. These familiar conveniences make us feel as though it’s quite a hardship to cope without them. Therefore it’s difficult to avoid the pitfall Jesus warned about in Matthew 6:24, “No one can serve two masters; for either he will hate the one and love the other, or he will hold to one and despise the other. You cannot serve God and mammon [riches].” Materialism can exert such a powerful influence on us as believers that the Lord will sometimes subject us to trials just so He can remove us from the grip of the world’s devices and riches. Various trials and sufferings will almost invariably reveal how inadequate our possessions are to meet our deepest needs or provide genuine relief from the pains and stresses of life. And this realization ought to become more and more true of you as you grow in the Christian life. I have observed that mature believers, as time goes by, become less and less attached to the temporal items they’ve accumulated. Such stuff, along with life’s fleeting experiences, simply fades in importance as you draw closer to the Lord. Moses is a wonderful example of someone who learned through trials these important lessons about materialism (Heb. 11:24-26). He spent forty years in Pharaoh’s household and was brought up to be an Egyptian prince. But he was willing to leave a position of prestige and power so he could experience something of the sufferings of his fellow Israelites, who were living as slaves in Egypt. God in effect made Moses a participant in Israel’s trials, content to rely on Him, not on the comforts and advantages of materialism: “By faith he left Egypt, not fearing the wrath of the king: for he endured, as seeing Him who is unseen” (Heb. 11:27). The Lord might need to get our attention in similar fashion, so that we learn one of the key lessons from life’s trials: to rely on His unlimited spiritual wealth, not on our finite and fading material possessions. Suggestions for Prayer Ask the Lord to make you more willing to rely on His strength and less willing to lean on material things. For Further Study Read 1 Timothy 6:6-11. According to Paul, what does contentment involve?From Strength for Today by John MacArthur Copyright © 1997. Used by permission of Crossway Books, a division of Good News Publishers, Wheaton, IL 60187, www.crossway.com.Additional ResourcesThe Study Bible (mobile app)Grace to You Sermons (mobile app)John MacArthur’s complete sermon archiveThe MacArthur Study BibleThe complete MacArthur New Testament Commentary seriesBenefiting from John's daily devotional?Help others benefit from Grace to You. Full Article
con Trials' Lessons: Confidence in Heaven By feeds.gty.org Published On :: Fri, 08 May 2020 00:00:00 -0700 “To obtain an inheritance which is imperishable and undefiled and will not fade away, reserved in heaven for you” (1 Peter 1:4). We can rejoice after enduring a trial because our hope in Heaven will be renewed. The joy a Christian experiences as a result of trials can be the best kind he will ever know. But so often we allow the everyday stress and strain of financial difficulties, health problems, unrealized goals, and many other trials to rob us of our joy in Christ. True joy stems from spiritual realities that are much greater than temporal circumstances. In today’s verse Peter gives us one strong reason for rejoicing—the confident hope that as Christians we have inherited a place in Heaven. This confidence can be so powerful that Peter, who was writing to believers suffering persecution, describes it as a truth we ought to “greatly rejoice” in (v. 6). This expressive, intense word is always used in the New Testament in relation to the joy of knowing God, never of shallow, temporal relationships. Jesus’ disciples had a difficult time seeing that trials could be related to the certainty of going to Heaven. In teaching them about His upcoming death, Christ told the Twelve, “Therefore you, too, now have sorrow; but I will see you again, and your heart will rejoice, and no one takes your joy away from you” (John 16:22). And that is exactly what happened when they saw the risen Savior and understood the impact of His work. We can have two responses to trials, just like passengers riding a train through the mountains. We can look to the left and see the dark mountainside and be depressed. Or we can look to the right and be uplifted by the beautiful view of natural scenery stretching into the distance. Some believers even compound their sadness by continuing to look to the mountain shadows of their trial after life’s train has moved away from the threatening peaks. But they would not forfeit their joy if they simply looked ahead to the brightness and certainty of their eternal inheritance. Nothing in life can take away the wonderful promise of Heaven’s glory: it was reserved by God, bought by Christ, and guaranteed by the Spirit (see Eph. 1:11-13). Suggestions for Prayer Ask the Lord to help you meditate today on the glories promised for you in the future. For Further Study Read Revelation 21 and note the primary living conditions that will be true of Heaven.From Strength for Today by John MacArthur Copyright © 1997. Used by permission of Crossway Books, a division of Good News Publishers, Wheaton, IL 60187, www.crossway.com.Additional ResourcesThe Study Bible (mobile app)Grace to You Sermons (mobile app)John MacArthur’s complete sermon archiveThe MacArthur Study BibleThe complete MacArthur New Testament Commentary series Full Article
con Legal Factors every non-profit must consider before expanding into new countries- The NGO Whisperer Magazine By www.eversheds.com Published On :: 2019-09-04 ... Full Article
con Coronavirus - Overview of the impacts of the lockdown in Mauritius Part II - Employment law considerations By www.eversheds.com Published On :: 2020-03-31 Employment law considerations Whilst considering the health and safety recommendations implemented by the Government, the Occupational Safety and Health Act 2005 (OSHA), also establishes legal principles guiding employers and employees in dealing wi... Full Article
con The challenges and considerations of OTT By www.eversheds.com Published On :: 2019-07-10 Part 3 of 4 Despite its advantages, OTT systems do face challenges, and these become particularly apparent when moving from the concept to implementation. As mentioned in the above section OTT services are almost considered as low/free of charge ser... Full Article
con Open Consultation UK Implementation of the European Electronic Communications Code By www.eversheds.com Published On :: 2019-08-07 Precis The Department for Digital, Culture, Media & Sport (“DCMS”) have opened a consultation[1] which seeks stakeholder’s views on the proposed approach to the implementation of the European Electronic Communications Code Dire... Full Article
con Changes on the horizon in 2020: China and Hong Kongs proposed reforms to data protection, cyber security and Internet content regulation By www.eversheds.com Published On :: 2020-01-24 2020 looks set to be a significant year for privacy, cyber security and Internet content reforms in China and Hong Kong. On 20 December 2019, the Cyberspace Administration of China released the “Regulation on Governance of Internet Information... Full Article
con Local Government Briefing Note 9 of 2013 - The Administrative Court considers effective and lawful consultation By www.eversheds.com Published On :: 2013-04-03 The court has recently considered the extent of disclosure required to satisfy the obligation of fairness in a consultation exercise in the case of R (on the application of Save our Surgery Limited) v Joint Committee of Primary Care Trusts (&l... Full Article
con UK Local Government Pensions speedbrief: Local Government Pension Scheme liabilities on academy conversions By www.eversheds.com Published On :: 2013-07-18 Local Government Pension Scheme liabilities on academy conversionsBackground The treatment of Local Government Pension Scheme (LGPS) liabilities on academy conversions has been presenting significant difficulties for some time, with pension liabilit... Full Article
con Eversheds Local Government Briefing Note 18 of 2013: Code of Conduct for Operational PFI/PPPs By www.eversheds.com Published On :: 2013-09-06 Code of Conduct for Operational PFI/PPPs HM Treasury recently published a brand new PFI/PPP code of conduct (the ‘Code’) which is aimed at delivering savings in operational PPP contracts. What has been introduced? ... Full Article
con 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
con The Public Law Duty to Consult By www.eversheds.com Published On :: 2015-07-10 Key Principles The public law duty to consult is one aspect of the principle that public authorities should exercise fairness in the exercise of their functions. Where the duty to consult is imposed by statute, then the procedure to be adopted is al... Full Article
con Speed brief: Contractual interpretation By www.eversheds.com Published On :: 2015-07-29 Supreme Court reinforces the need to interpret clauses by the words used and their "natural meaning" On 10 June 2015, the Supreme Court handed down judgment in the case of Arnold v Britton and others [2015] UKSC 36, which concerned the interpretatio... Full Article
con UK HR and Pensions Speedbrief: Public sector exit pay reform Exit pay schemes must conform By www.eversheds.com Published On :: 2016-09-27 A commitment to reduce public sector termination packages has seen the Government explore various proposals for reform in recent years; from draft regulations seeking recovery of termination payments, to a financial cap upon the amount of any indivi... Full Article
con Eversheds Annual Retail Conference 2015 key highlights By www.eversheds.com Published On :: 2015-02-18 On Thursday 12 February Eversheds hosted its annual Retail conference to discuss and debate key topics and issues impacting the sector. Keynote speech, Mike Ahanchian, BRC - The changing face of Retail The Retail conference was kicked off by M... Full Article
con UPC Preparatory Committee launches fees consultation By www.eversheds.com Published On :: 2015-05-14 The Preparatory Committee for the Unified Patent Court (“UPC”) has published a consultation document providing the proposed fee structure of the UPC, a table of court fees, and details of the ceilings for recoverable costs. The consultat... Full Article
con Eversheds sponsors the World Retail Congress 2015 By www.eversheds.com Published On :: 2015-09-01 We are delighted to be sponsoring this years World Retail Congress taking place on 8 10 September in Rome. The theme to this years Congress is Transformation today, tomorrow and beyond, key to which for many retailers is international expansio... Full Article
con The Consumer Rights Act 2015 Less Than A Month To Go By www.eversheds.com Published On :: 2015-09-15 The UK’s new Consumer Rights Act ( the “CRA” ) becomes effective on the 1st October 2015. As we have previously mentioned whilst this consolidates existing UK consumer law it also brings in some significant changes to the laws appl... Full Article
con E-commerce: Commission probes suspected competition infringements in consumer electronics, videogames and hotel sectors By www.eversheds.com Published On :: 2017-02-03 The European Commission has launched three investigations into suspected breach of the competition rules by companies in the consumer electronics, videogames and hotel sectors. The consumer electronics and videogames probes come out of the Com... Full Article
con Passengers Rights Applying the Consumer Rights Act 2015 By www.eversheds.com Published On :: 2016-07-22 Following a consultation on the Consumer Rights Act 2015 (the ‘Act’), the Government has confirmed that the way in which transport operators cap their liability to customers to compensate for delays or cancellations to services must be c... Full Article
con Rail Passengers Rights Applying the Consumer Rights Act 2015 to the Rail Sector By www.eversheds.com Published On :: 2016-07-28 Following a consultation on the Consumer Rights Act 2015 (the ‘Act’), the Government has confirmed the way in which train operators cap their liability to customers to compensate for delays or cancellations to services must be consistent... Full Article
con 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
con 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
con 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
con PR18 consultation on charges recovering fixed network costs By www.eversheds.com Published On :: 2017-10-10 Background As part of the 2018 periodic review (“PR18”) of Network Rail, the Office of Rail and Road (“ORR”) is reviewing the way in which the charges that operators pay to access the rail network are calculated. This review ... Full Article
con ORR opens consultation on changes to complaints handling By www.eversheds.com Published On :: 2017-10-10 Background The Office for Rail and Road (“ORR”) has opened a consultation on its proposals to introduce a voluntary binding Alternative Dispute Resolution (“ADR”) scheme for the resolution of consumer complaints in the rail s... Full Article
con 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
con 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
con Consultation on the passenger rail public service obligation levy By www.eversheds.com Published On :: 2018-05-04 Background Following the recommendations of the Competition and Markets Authority (“CMA”), the Department for Transport (“DfT”) ran a consultation seeking views on the introduction of a “public service obligation levy&r... Full Article
con North Pacific Arctic Conference (NPAC) Fellowship By feedproxy.google.com Published On :: Wed, 06 Mar 2019 01:06:13 +0000 The North Pacific Arctic Conference (NPAC), co-organized by the East-West Center and the Korea Maritime Institute, is celebrating its 10th anniversary. This innovative conference provides a venue for off-the-record engagement among policymakers/practitioners and scientists/analysts regarding Arctic issues of mutual interest to leading North Pacific Arctic states (Canada, Russia, and the United States) and non-Arctic states (China, Japan, and South Korea). NPAC aims to provide early identification of key policy issues and improved understanding of major options for addressing these issues in the context of the Arctic Council and elsewhere. All six states are members of the G-20. Full Article
con 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
con Consultation on proposals to regulate consumer IoT device security By www.eversheds.com Published On :: 2019-05-01 On 1 May 2019 the UK government, through the Department for Digital, Culture, Media & Sport, launched a consultation on its proposals to regulate the security of consumer Internet of Things (“IoT”) or “smart” devices, whi... Full Article
con Irish Data Protection Commissioner (DPC) issues guidance on CCTV for controllers By www.eversheds.com Published On :: 2019-07-08 The DPC has published useful guidance on CCTV usage for controllers. The guidance is intended to assist owners and occupiers of premises to understand their responsibilities and obligations regarding data protection when using CCTV. This is particul... Full Article
con 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
con The Fashion ID judgement: Plugin to be a joint controller By www.eversheds.com Published On :: 2019-08-02 The Facebook “Like” button and similar social media plugin technologies (Plugin) are now so commonplace that we perhaps don’t give them a second thought. Plugins provide an easy way for consumers to connect instantly with a preferr... Full Article
con 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
con Article: Pre-ticked boxes arent consent for cookie placement By www.eversheds.com Published On :: 2019-10-11 CJEU Ruling on Cookies On 1 October 2019, the Court of Justice of the European Union (CJEU) gave a preliminary ruling1 on questions referred from the Bundesgerichtshof (Federal Court of Justice in Germany) that: Consent is not validly ... Full Article
con 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
con ICO launches consultation on its application for POCA enforcement powers By www.eversheds.com Published On :: 2019-11-26 The Information Commissioner’s Office (“ICO”) has asked to be given the ability to exercise various powers (and gain access to investigation) under the Proceeds of Crime Act 2002 (“POCA”), and has opened a consultation ... Full Article
con Speed read: Useful November 2019 guidelines on controller, processor and joint controllership concepts from the European Data Protection Supervisor By www.eversheds.com Published On :: 2019-12-06 Summary On 7 November 2019 the EDPS issued guidance on how to determine who is a controller, processor and joint controller. The EDPS is an independent supervisory authority whose primary objective is to ensure EU institutions and bodies respect the... Full Article
con 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
con 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
con Coronavirus Data Protection considerations for alternative communication platforms Global By www.eversheds.com Published On :: 2020-03-25 How does the communication within a team take place in the home office? Due to the increasing intensity of preventive measures against the spread of corona, more and more companies are closing down their locations and, where possible, relocating bus... Full Article