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A malleable and complex concept relevant to both privacy and defamation claims which allows for the publication of content on the basis of its contribution to public debate; although it is important to bear in mind that the courts have stated on many occasions that what is 'interesting to the public' on the basis of it being scandalous or newsworthy is not necessarily in the public interest.
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Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...
UK and EU mandatory environmental reporting—which entities are caught?—checklist This Checklist summarises which companies and limited liability partnerships (LLPs) are subject to the principal UK and EU mandatory environmental reporting requirements. It provides a high level summary of, and includes links to the sources for, the relevant reporting requirements. For a more detailed summary of the relevant mandatory reporting requirements, see Practice Notes: CSR, ESG and human rights reporting and initiatives and EU mandatory corporate sustainability reporting. For a summary of the voluntary reporting requirements to which many companies and LLPs choose to adhere, see Practice Notes: TCFD recommendations and other ESG reporting frameworks, standards and benchmarks and Investor group guidance on environmental, social and governance (ESG) issues. UK requirements Requirement Scope Source Strategic report to contain description of principal risks and uncertainties. All companies (other than micro and small companies).Traded LLPs and banking LLPs. Companies Act 2006 (CA 2006), CA 2006, s 414C(2)(b)Applied to traded LLPs and banking LLPs by Limited Liability Partnerships (Accounts and Audit) (Application of Companies...
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The Gambling Commission—compliance and enforcement powers Gambling Commission investigations The Gambling Commission (GC) regulates the commercial gambling industry in Great Britain. The GC published a policy statement on Licensing, compliance and enforcement under the Gambling Act 2005 which sets out the GC’s regulatory policies in relation to carrying out compliance activities. The policy is regularly updated and was updated on 21 January 2022. In carrying out its functions, the GC is under a duty to pursue and have regard to the licensing objectives set out in section 1 of the Gambling Act 2005 (GA 2005): • preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime • ensuring that gambling is conducted in a fair and open way, and • protecting children and other vulnerable persons from being harmed or exploited by gambling Where concerns have been raised about a licensee, the GC may commence an investigation. Where appropriate, in certain specific cases, the GC...
Electronic communications: Universal Service Directive [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note relates to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services as amended by Directive 2009/136/EC (Universal Service Directive). It is part of a series of Practice Notes on core elements of the EU regulatory framework for electronic communications. In the EU, the provision of electronic communications networks and services in each Member State is governed by a common regulatory framework which originally comprised five directives (the Framework). The objective of the Framework was to establish a harmonised framework for the regulation of electronic communications networks and services throughout the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and came into force three days after publication. The European Electronic Communications Code...
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Reply (defamation) Claim No.:HQ [insert claim number] IN THE HIGH COURT OF JUSTICE KING’S BENCH DIVISION ROYAL COURTS OF JUSTICE MEDIA AND COMMUNICATIONS LIST PARTIES: (1) [Insert full name of claimant/first claimant] (2) [[Insert full name of second claimant]]        [Claimant OR Claimants] and [Insert full name of defendant]        Defendant _____________________________________ REPLY _____________________________________ 1 The [Claimant joins OR Claimants join] issue with the Defendant on his Defence save for the admissions it contains and those averments therein which are expressly admitted below. Paragraph references are to the Defence. 2 The [Claimant denies OR Claimants deny OR that the words complained of in the meanings set out at paragraph 8.1 of the Defence are true. Without limitation to the generality of this denial as to the particulars of truth advanced to support those imputations, the [Claimant pleads OR Claimants plead] as follows: 2.1 [set out the claimant’s/claimants’ response to the Particulars of Truth set out by the defendant in his defence, admitting or denying as appropriate]. 3 It...
Policy and procedure—whistleblowing 1 Purpose and scope 1.1 All organisations face the risk of things going wrong or of unknowingly harbouring malpractice. 1.2 The Company takes malpractice very seriously. We are committed to conducting our business with honesty and integrity and we expect all staff to maintain high standards too. We encourage open communication from all those who work for us and we want everyone to feel secure about raising concerns.[ The Company will provide regular training to all staff in relation to whistleblowing law and this policy.] 1.3 All staff have protection under whistleblowing laws if they raise concerns in the correct way. This policy is designed to give staff that opportunity and protection. 1.4 It does not matter if an individual who raises a concern is mistaken about it—staff do not have to prove anything about the allegation they are making but they must reasonably believe that the disclosure is made in the public interest and that the information they have tends to show some malpractice. 1.5 This...
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Do original court documents that are not signed as deeds need to be retained, and if so, for how long? Does it have to be the originals that are retained, or can they be scanned and stored electronically while the physical originals are destroyed? The storage limitation principle Storage limitation is one of the six overriding data protection principles which lie at the heart of the data protection regime. For more information, see Practice Note: Data protection principles. This storage limitation principle is set out in Article 5 of the UK General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) and requires personal data to be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which that data is processed. This means you should ensure the period for which the personal data is stored is kept to a strict minimum. There is an exception for personal data processed solely for archiving purposes in the...
Can my business record and share an online meeting, event or a lesson that we host? This Q&A is intended for commercial private-sector organisations in the UK. It provides guidance on whether you can record and share an online meeting, event or lesson hosted by your business in accordance with UK General Data Protection Regulation (GDPR), Assimilated Regulation (EU) 2016/679. It also explains the potentially lawful grounds for recording a meeting under the GDPR, what you need to do before recording, and whether you can post the recording online. What are the data protection obligations for recording? When you record video meetings, you are collecting personal data. Your organisation will be the data controller for the data collected in the recording, so you must comply with Article 5 of the GDPR by: • processing the data lawfully, fairly and in a transparent manner • collecting the data for a specified legitimate purpose only • limiting data collection to what is necessary for the purposes of processing • keeping the data...
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Financial Services analysis: The Applicant, Heather Dunne, made two Privacy Applications and one case management application in relation to publication of Financial Conduct Authority (FCA) Decision Notices. Ms Dunne had provided pension transfer advice as an appointed representative (trading as HDIFA) of Financial Solutions Midhurst Limited (FSML). The FCA found that she and FSML had operated an advice model that put customers' guaranteed pension benefits at risk. The Privacy Applications sought to ensure that her reference did not appear on the Upper Tribunal's register and that there was no publication by the FCA or any other party about the Decision Notices issued to her and the director of FSML. Both applications were rejected by the Tribunal. Written by Lucy Tolond and Ryan Marwood, DWF Law LLP.
This week's edition of Local Government weekly highlights covers new practical guidance on preparing for the Procurement Act 2023 which comes into force on 24 February 2025. It also includes expert analyses of the decisions in Calderdale MBC v Cheshire EBC which involved the courts determining the relevant local authority in care proceedings based on the child's ordinary residence; Hayes v Tower Hamlets, a judicial review challenge of the decision made by the Mayor of Tower Hamlets (MTH) to remove a neighbourhood low traffic scheme following a public consultation; and Re Jones v Wrexham County Borough Council where the Court of Appeal confirmed that there is no duty on local planning authorities in Wales to adopt a local development plan which an inspector upon examination has recommended for adoption. Case reports include One Medicare v NHS Northamptonshire ICB, concerning contractual and regulatory framework governing the provision of healthcare services and the responsibilities of NHS bodies in ensuring compliance with statutory duties; R (Ivory) v Welwyn Hatfield BC, where the Court...
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