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In this issue:

In-house resources, events and networking

Risk & Compliance

Commercial

Corporate

Employment

Information Law

In-house resources, events and networking

Networking and forum events

Risk & Compliance

Guidance on new EU international transfer SCCs should come in 2021, official says

MLex: Revised standard contractual clauses (SCCs) for transfers of personal data outside the EEA were issued in June 2021. Companies transferring data outside the EEA should get guidance in the coming weeks on how they can implement those SCCs to ensure those transfers are legal, an official has said.

See News Analysis: Guidance on new EU international transfer SCCs should come in 2021, official says.

EDPB adopts guidelines on the interplay of Article 3 and Chapter V of the GDPR

The European Data Protection Board (EDPB) has adopted a set of guidelines on the interplay between Article 3 and Chapter V of the EU’s General Data Protection Regulation, (EU GDPR), during its November 2021 plenary. A public consultation on the guidelines was also announced, which is set to run until the end of January 2022. The guidelines may subsequently be amended based on the outcome of that consultation. Nicola Fulford, partner, and Paula Garcia, senior associate, at Hogan Lovells provide commentary on the implications of the guidelines.

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EDPB announces outcome of November 2021 plenary meeting

The EDPB has announced the outcomes of the plenary meeting held on 19 November 2021. The EDPB has adopted guidelines on the interplay between Article 3 and Chapter V of the EU GDPR. These guidelines aim to assist organisations in identifying whether a processing operation constitutes an international transfer, and to provide a common understanding of the concept of ‘international transfers’. The EDPB also adopted a Statement on the European Commission’s Digital Services Package and Data Strategy highlighting overarching concerns with the Commission’s proposals in the context of data. Additionally, the EDPB nominated two representatives from the Belgian and Hessen Supervisory Authority to take part in the sixth Joint Review of the EU–US Terrorist Finance Tracking Program Agreement.

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Updated Surveillance Camera Code laid before Parliament

The Home Office has published an amended version of the Surveillance Camera Code of Practice, which was laid before Parliament on 16 November 2021. The Home Office has said it has simplified and updated the Code, shortening the text to make it easier to follow. The updated Code comes into effect on 12 January 2022.

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NatWest failed to flag anti money laundering risks in real-time, suit says

Law360, London: NatWest has been hit with new allegations over its failure to spot money laundering in an ongoing case brought by the Saudi subsidiary of an Italian engineering giant that lost $US5m to a push payment scam.

See News Analysis: NatWest failed to flag anti money laundering risks in real-time, suit says.

Commercial

Successful claimant entitled to interest under section 4 of the Late Payment of Commercial Debts (Interest) Act 1998 (Premia Marketing Ltd v Regis Mutual Management Ltd)

This decision of a Deputy High Court Judge has analysed the application of the in circumstances where a money judgment had been awarded in respect of a commercial debt, but where no invoice with an agreed payment term had been rendered. Written by Phillip Patterson, barrister, Gatehouse Chambers.

See News Analysis: Successful claimant entitled to interest under section 4 of the Late Payment of Commercial Debts (Interest) Act 1998 (Premia Marketing Ltd v Regis Mutual Management Ltd).

EU Think Tank discusses UK’s possible re-joining of Lugano Convention

The European Parliament Think Tank has published a briefing on the UK’s possible re-joining of the 2007 Lugano Convention. The Convention regulates the free movement of court judgments in civil cases between EU Member States and the three EFTA States—Switzerland, Norway and Iceland.

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European Parliament Committee adopts position on Digital Markets Act proposal

The European Parliament has announced that its Internal Market and Consumer Protection Committee has adopted a position on the Digital Markets Act (DMA) proposal. The DMA proposal, outlines the rules on companies with the status of ‘gatekeeper’, and what they will be allowed to do and not do within the EU. The proposal is to apply to major firms providing ‘core platform services’ that are most prone to unfair practices, including online intermediation services, social networks, search engines, operating systems, online advertising services, cloud computing, and video-sharing services.

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Managing trade mark and design portfolios post-Brexit

Adrian Dykes, senior associate at Allen & Overy, discusses trade mark and design portfolio issues to be considered following Brexit, in particular in relation to the new comparable trade mark registrations and re-registered designs and the consequences if the EU rights from which these derive were subject to pending proceedings as at IP completion day. He also considers the current position in relation to the disclosure of unregistered designs and what strategies are available to designers in order to maximise the scope of protection they can obtain for their work in the UK and EU.

See News Analysis: Managing trade mark and design portfolios post-Brexit.

Weekly roundup of HMRC post-Brexit import, export and customs guidance—22 November 2021

HMRC has updated its import, export and customs guidance to reflect the post-Brexit regime. The update covers the period from 15 November 2021 to 22 November 2021.

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Corporate

nvestment Association updates principles of remuneration for 2022

The Investment Association (IA) has its updated . The principles are designed to give UK-listed companies clarity on the expectations of IA members regarding executive remuneration with the aim of making engagement on remuneration efficient and effective. The principles have been amended to reflect developments in market practice and investor expectations. Key changes to the principles for 2022 relate to levels of remuneration, value creation plans and grant sizes. The IA has also highlighted the key areas of focus for members for the forthcoming AGM season. These include: the coronavirus (COVID-19) pandemic, the wider stakeholder experience, environmental, social and governance metrics in executive remuneration, and the IA approach to pensions in 2022. The IA has called for companies to continue to show restraint as the country continues to recover from the pandemic and restrict executive bonuses where government support has been taken and not paid back during the year under review.

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25x25 initiative to improve gender balance among CEOs in FTSE 100 by 2025 launches

25x25, a new UK corporate-led initiative designed to tackle gender imbalance at senior executive level, has a campaign which aims to increase the number of female CEOs in FTSE 100 companies to 25 by 2025. 25x25 has developed a framework, based on company case studies, regarding succession planning and talent management, analysis of the pathways to CEO, accountability and targets, and support measures in order to increase the number of female CEOs in UK companies. The framework was developed in consultation with the Chairs, CEOs and Chief People Officers of over 200 corporates, including 90% of the FTSE100. 25x25 is encouraging all UK corporates and public bodies to join as members to help promote gender diversity within executive leadership.

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European Commission consults on EU listing requirements

The European Commission has a document on making public capital markets more attractive for EU companies and facilitating access to capital for SMEs. The consultation focuses on whether the rules governing companies’ listing on public markets need to be further simplified and closes on 11 February 2022.

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European Parliament endorses Commission’s UCITS/PRIIPs KID proposals

The European Parliament has its position on the European Commission’s proposal for a directive amending the UCITS as regards the use of key information documents (KIDs) by management companies of undertakings for collective investment in transferable securities (UCITS), as well as the Commission’s proposal for amending the EU PRIIPs to extend the transitional arrangement for management companies, investment companies and persons advising on, or selling, units of UCITS and non-UCITS.

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Employment

Coronavirus (COVID-19)—DWP publishes update to Kickstart Scheme T&Cs

The Department for Work and Pensions (DWP) has published a further update to the . The update was made on 22 November 2021. The changes include a new clause at the end of the third section reflecting that an individual may not start a Kickstart Scheme job after 31 March 2022. It also amended definitions to reflect that funding will end at the latest on 30 November 2022.

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ECHR launches new legal support scheme tackling racial discrimination

The Equality and Human Rights Commission (EHRC) has a new legal fund to tackle racial discrimination. Funding will be available for legal practitioners seeking advice when dealing with complaints of race discrimination, harassment, and victimisation. Legal professionals might also be able to seek funding for legal proceedings. The ‘Race Legal Support Fund’ will open for at least two years and will be allocated up to £250,000 for the first year.

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Is training time considered working time?

In BX v Unitatea Administrativ Teritorială, Case , the Court of Justice of the EU has held that mandatory vocational training held at an offsite location and outside of normal working hours should be considered working time. Helen Hughes, associate, of VWV Solicitors, analyses the decision.

See News Analysis: Is training time considered working time? (BX v Unitatea Administrativ Teritorială).

AI in the workplace—an Accountability for Algorithms Act?

The UK government’s All Party Parliamentary Group on the Future of Work has published a examining the use, implications, and potential regulation of surveillance and other artificial intelligence (AI) technologies in the workplace. Eilidh Wood, associate, and Tom Whittaker, senior associate and solicitor advocate, at Burges Salmon LLP, outline the report’s key findings and recommendations.

See News Analysis: AI in the workplace—an Accountability for Algorithms Act?

Information Law

EDPB adopts Statement on Digital and Data Strategy

The EDPB has adopted a statement on the Digital Services Package and Data Strategy. In the statement, the EDPB highlights concerns across three categories, notably, the lack of protection of individuals’ fundamental rights and freedoms, fragmented supervision, as well as the risks of inconsistencies. The EDPB has outlined, among other things, the regulation of AI and how the European approach should include a ban on any use of AI for the automated recognition of human features in public spaces, such as facial recognition, along with other biometric or behavioural signals in any context, and the use of AI systems to infer emotions of a natural person except for specific health or research purposes.

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UK court ruling on damages claim in minor data protection infringement case (Emma Louise Johnson v Eastlight Community Homes Ltd)

Claims for compensation for alleged data protection infringements continue unabated. While the recent UK Supreme Court ruling in the Lloyd v Google  mass claims case has been the most prominent one there have also been other cases of note in particular about legal issues concerning claims where the alleged data protection infringements are minor, such as the Rolfe v Veale  case concerning the threshold for distress claims. This recent case is another similar noteworthy case where, among other things, the court ruled that such minor cases should be brought at the lower court level. André Bywater and Jonathan Armstrong, solicitors at Cordery in London set out highlights of the case.

See News Analysis: UK court ruling on damages claim in minor data protection infringement case (Emma Louise Johnson v Eastlight Community Homes Ltd).

DCMS publishes National Data Strategy Mission 1 Policy Framework

The Department for Digital, Culture, Media & Sport has published the National Data Strategy Mission 1 Policy Framework, which outlines how the government will set the correct conditions to ensure that private third sector data is more usable, accessible and available across the UK economy, and at the same time, that individuals’ personal data and private enterprises’ intellectual property are protected. The Framework includes the principles for intervention, which will be used by the government to ensure that interventions that seek to unlock data across the economy are carried out in the most effective manner, as well as priority areas for action, which set out what can be done to address the key barriers to data sharing for public benefit.

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New UK Bill designed to protect users of connectable devices introduced

The DCMS has confirmed that the Product Security and Telecommunications Infrastructure Bill was introduced in Parliament on 24 November 2021. The Bill intends to enable the government to ban universal default passwords, impose a requirement on manufacturers of ‘connectable products’ (all devices that can access the internet or that can connect to multiple other devices but not directly to the internet) to inform customers about the minimum amount of time for which a product will receive security updates and patches or disclose that a product does not come with security updates, and compel manufacturers to provide a public point of contact to simplify reporting of flaws of bugs in products. Under the Bill, retailers will also be required to meet security requirements.

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