Brought to you in partnership with BCL Legal Recruitment, our first session of the year covered the following areas:
• contract and IT update - see what just happened whilst you weren’t looking! Richard Nicholas will look at the practical steps you should take to draft around or negotiate the latest changes
• employment update - Modern Slavery, bad, spying on staff, good? How to protect your business from your employees whilst complying with modern slavery law. James Tait, Elish Kennedy and Kerren Daly will be your guides
• data protection update - after three years of negotiation, the General Data Protection Regulation is now published and the changes will be significant (Brexit or no Brexit) - you had better be ready! Helena Wootton will show you how
• consumer law - one year in, some practical consequences of the Act and solutions to common problems faced by retailers and others - Caroline Green and Alex Watt have this covered
• corporate update - are you a person of significant control and influence (of course you are). This will start to matter this year, as companies are required to identify and register these individuals. How do you do that and what does this mean? Don’t worry, we’ll show you.
https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Brought to you in partnership with BCL Legal Recruitment, our first session of the year covered the following areas:
• contract and IT update - see what just happened whilst you weren’t looking! Richard Nicholas will look at the practical steps you should take to draft around or negotiate the latest changes
• employment update - Modern Slavery, bad, spying on staff, good? How to protect your business from your employees whilst complying with modern slavery law. James Tait, Elish Kennedy and Kerren Daly will be your guides
• data protection update - after three years of negotiation, the General Data Protection Regulation is now published and the changes will be significant (Brexit or no Brexit) - you had better be ready! Helena Wootton will show you how
• consumer law - one year in, some practical consequences of the Act and solutions to common problems faced by retailers and others - Caroline Green and Alex Watt have this covered
• corporate update - are you a person of significant control and influence (of course you are). This will start to matter this year, as companies are required to identify and register these individuals. How do you do that and what does this mean? Don’t worry, we’ll show you.
https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Fall, 2009 1st draft Professional Issues Update for CPAs - focusing on Top 5 Trends: Economy, Regulations/Standards, Globalization, Workforce, Technology
Strategic Solutions to Reduce Tax Burdens and Maximize Cash FlowBruce Jooste
Providing comprehensive tax strategies and models to businesses that once implemented typically reduce your tax burden by 20% to 40% on an annual basis.
Brought to you in partnership with BCL Legal Recruitment, our first session of the year covered the following areas:
• contract and IT update - see what just happened whilst you weren’t looking! Richard Nicholas will look at the practical steps you should take to draft around or negotiate the latest changes
• employment update - Modern Slavery, bad, spying on staff, good? How to protect your business from your employees whilst complying with modern slavery law. James Tait, Elish Kennedy and Kerren Daly will be your guides
• data protection update - after three years of negotiation, the General Data Protection Regulation is now published and the changes will be significant (Brexit or no Brexit) - you had better be ready! Helena Wootton will show you how
• consumer law - one year in, some practical consequences of the Act and solutions to common problems faced by retailers and others - Caroline Green and Alex Watt have this covered
• corporate update - are you a person of significant control and influence (of course you are). This will start to matter this year, as companies are required to identify and register these individuals. How do you do that and what does this mean? Don’t worry, we’ll show you.
https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Fall, 2009 1st draft Professional Issues Update for CPAs - focusing on Top 5 Trends: Economy, Regulations/Standards, Globalization, Workforce, Technology
Strategic Solutions to Reduce Tax Burdens and Maximize Cash FlowBruce Jooste
Providing comprehensive tax strategies and models to businesses that once implemented typically reduce your tax burden by 20% to 40% on an annual basis.
Quite a bit has changed since our March sessions - not just the Prime Minister and the country’s approach to Europe, but also a fair amount that affects day to day legal practice.
We’ll be cutting through the noise on Brexit and looking at what companies and other bodies are doing now, and what you can and should be doing, for what may be a few uncertain years.
You’ll have greater clarity as to how Brexit affects the different areas of law that are governed by European regulation, including technology law, commercial law, data protection, intellectual property rights and employment law.
In particular you’ll better understand what to do when advising your clients, dealing with contracts and new projects, and know where there are areas of emerging certainty. We’ll also be sharing drafting.
Not all that’s new is Brexit-related - so we’ll also be covering new regulations and new case law over the last 6-12 months, including how recent decisions affect offers to settle disputes.
https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
It can be difficult to stay up to date on current accounting rules and regulations for businesses and not-for-profit organizations. This presentation discusses changes that may affect your organization and how to apply the most recent FASB standards and guidance.
Whether you represent a large corporation, a small business, or a not-for-profit organization, it can be difficult to stay up to date on current accounting topics. Join Timothy McLaughlin, Vincent Leo, and Michael Giess for an overview of changes that may affect your organization and how to apply the most recent standards and guidance.
What's the difference between the federal and state court systems? Criminal and civil cases? Constitutional, statutory and administrative law? This brief overview hits the highlights.
Independent healthcare in house lawyers forum, London - July 2016Browne Jacobson LLP
At our independent health specific in house lawyers forum, experts in different fields of law give a practical update on recent developments tailored specifically towards in house lawyers or general counsel working within the independent health and social care sector.
In this session we covered:
• employment update - Modern Slavery Act
• governance update - Fit and Proper Persons Test, Duty of Candour and the Register of People with Significant Control
• procurement and competition
• Five Year Forward View - integrated care.
https://www.brownejacobson.com/health/training-and-resources/training-videos/2013/07/introducing-independent-health-care
The regulatory landscape on human rights compliance is changing. There are greater requirements for disclosure and companies having proper due diligence procedures in place. The UN Guiding Principles on business and human rights, although not a legal framework, is set to be a gamechanger.
Our annual series of Charity Seminars held across the region, provide an overview of the most important developments in financial matters affecting the charitable sector.
Alongside our usual financial reporting, VAT and investment sessions, we have invited Business Recovery Partner, Lucinda Coleman, to examine the risks and responsibilities of a charity becoming insolvent and how those risks can be minimised.
We have also invited a specialist fundraising expert to discuss topical issues around the subject and James Evans, Partner at Tozers LLP, will be providing the legal update to include the upcoming changes to data protection rules.
Risk Mitigation, when applied properly and effectively, will keep the likelihood of a S166 Skilled Person's Report ever being issued against your firm. Yet so often we see reports in "Final Notices" from the FCA that people risk and compliance managers didn't "understand" or "appreciate" the levels of risk they were courting, or they failed to properly notify the board of the issues and tried to stick their heads in the sand. A S166 is a costly business, and not only in the money charged by the Skilled Person, but also in management time, resources, staff liaison and assistance, printing, extra committee meetings, the list goes on.
Then there comes the Risk Mitigation Programme (RMP) that the regulator creates for the firm, a bespoke program to get things right. This, if not managed properly (and they often are not) can result in changes forced into the business but not understood by anyone; no culture change, and things reverting to normal within months after the completion.
To manage a S166 or RMP requires a project manager that fully understands not only the process, but also the inferences and interpretation of the regulators statements - to act on the spirit as well as the letter, and advise you accordingly.
Our annual series of Charity Seminars held across the region, provide an overview of the most important developments in financial matters affecting the charitable sector.
Alongside our usual financial reporting, VAT and investment sessions, we have invited Business Recovery Partner, Lucinda Coleman, to examine the risks and responsibilities of a charity becoming insolvent and how those risks can be minimised.
We have also invited a specialist fundraising expert to discuss topical issues around the subject and James Evans, Partner at Tozers LLP, will be providing the legal update to include the upcoming changes to data protection rules.
In this forum we looked at updates in different areas of law including:
- Commercial Law – six changes to contract law that you might have missed over the last six months
- Employment Law – what’s new, what’s changed, your questions answered
- Data Protection - looking at ICO investigations and news, ahead of GDPR coming into force
- Competition Law – what's new, will the post Brexit world be different and the evolving position in relation to online reselling restrictions
- Regulatory Update - in-house lawyers and legal privilege and impact of the new sentencing guidelines for health and safety offences.
Quite a bit has changed since our March sessions - not just the Prime Minister and the country’s approach to Europe, but also a fair amount that affects day to day legal practice.
We’ll be cutting through the noise on Brexit and looking at what companies and other bodies are doing now, and what you can and should be doing, for what may be a few uncertain years.
You’ll have greater clarity as to how Brexit affects the different areas of law that are governed by European regulation, including technology law, commercial law, data protection, intellectual property rights and employment law.
In particular you’ll better understand what to do when advising your clients, dealing with contracts and new projects, and know where there are areas of emerging certainty. We’ll also be sharing drafting.
Not all that’s new is Brexit-related - so we’ll also be covering new regulations and new case law over the last 6-12 months, including how recent decisions affect offers to settle disputes.
https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
It can be difficult to stay up to date on current accounting rules and regulations for businesses and not-for-profit organizations. This presentation discusses changes that may affect your organization and how to apply the most recent FASB standards and guidance.
Whether you represent a large corporation, a small business, or a not-for-profit organization, it can be difficult to stay up to date on current accounting topics. Join Timothy McLaughlin, Vincent Leo, and Michael Giess for an overview of changes that may affect your organization and how to apply the most recent standards and guidance.
What's the difference between the federal and state court systems? Criminal and civil cases? Constitutional, statutory and administrative law? This brief overview hits the highlights.
Independent healthcare in house lawyers forum, London - July 2016Browne Jacobson LLP
At our independent health specific in house lawyers forum, experts in different fields of law give a practical update on recent developments tailored specifically towards in house lawyers or general counsel working within the independent health and social care sector.
In this session we covered:
• employment update - Modern Slavery Act
• governance update - Fit and Proper Persons Test, Duty of Candour and the Register of People with Significant Control
• procurement and competition
• Five Year Forward View - integrated care.
https://www.brownejacobson.com/health/training-and-resources/training-videos/2013/07/introducing-independent-health-care
The regulatory landscape on human rights compliance is changing. There are greater requirements for disclosure and companies having proper due diligence procedures in place. The UN Guiding Principles on business and human rights, although not a legal framework, is set to be a gamechanger.
Our annual series of Charity Seminars held across the region, provide an overview of the most important developments in financial matters affecting the charitable sector.
Alongside our usual financial reporting, VAT and investment sessions, we have invited Business Recovery Partner, Lucinda Coleman, to examine the risks and responsibilities of a charity becoming insolvent and how those risks can be minimised.
We have also invited a specialist fundraising expert to discuss topical issues around the subject and James Evans, Partner at Tozers LLP, will be providing the legal update to include the upcoming changes to data protection rules.
Risk Mitigation, when applied properly and effectively, will keep the likelihood of a S166 Skilled Person's Report ever being issued against your firm. Yet so often we see reports in "Final Notices" from the FCA that people risk and compliance managers didn't "understand" or "appreciate" the levels of risk they were courting, or they failed to properly notify the board of the issues and tried to stick their heads in the sand. A S166 is a costly business, and not only in the money charged by the Skilled Person, but also in management time, resources, staff liaison and assistance, printing, extra committee meetings, the list goes on.
Then there comes the Risk Mitigation Programme (RMP) that the regulator creates for the firm, a bespoke program to get things right. This, if not managed properly (and they often are not) can result in changes forced into the business but not understood by anyone; no culture change, and things reverting to normal within months after the completion.
To manage a S166 or RMP requires a project manager that fully understands not only the process, but also the inferences and interpretation of the regulators statements - to act on the spirit as well as the letter, and advise you accordingly.
Our annual series of Charity Seminars held across the region, provide an overview of the most important developments in financial matters affecting the charitable sector.
Alongside our usual financial reporting, VAT and investment sessions, we have invited Business Recovery Partner, Lucinda Coleman, to examine the risks and responsibilities of a charity becoming insolvent and how those risks can be minimised.
We have also invited a specialist fundraising expert to discuss topical issues around the subject and James Evans, Partner at Tozers LLP, will be providing the legal update to include the upcoming changes to data protection rules.
In this forum we looked at updates in different areas of law including:
- Commercial Law – six changes to contract law that you might have missed over the last six months
- Employment Law – what’s new, what’s changed, your questions answered
- Data Protection - looking at ICO investigations and news, ahead of GDPR coming into force
- Competition Law – what's new, will the post Brexit world be different and the evolving position in relation to online reselling restrictions
- Regulatory Update - in-house lawyers and legal privilege and impact of the new sentencing guidelines for health and safety offences.
What Every Founder/Entrepeneur Must Know (Series: The Start-Up/Small Business...Financial Poise
Congratulations. You are a founder of a company and you have just been given an hour to ask several experts anything you want about the subject. Some questions will certainly focus on IP, since intellectual property is so important to so many businesses. Some questions will touch on outsourcing- perhaps of manufacturing, perhaps of certain other functions. Formation, capital raising, and HR are also fair game. And since the panel includes two attorneys, you can be sure that the conversation will cover both the business and legal aspects of the various topics discussed. The panel will also discuss planning for incremental growth; and, while pandemic continues, the availability of PPP loans and governmental assistance.
To view the accompanying webinar, go to:https://www.financialpoise.com/financial-poise-webinars/what-every-founder-entrepreneur-must-know-2021/
In this forum we looked at updates in different areas of law including:
- Commercial Law – six changes to contract law that you might have missed over the last six months
- Employment Law – what’s new, what’s changed, your questions answered
- Data Protection - looking at ICO investigations and news, ahead of GDPR coming into force
- Competition Law – what's new, will the post Brexit world be different and the evolving position in relation to online reselling restrictions
- Regulatory Update - in-house lawyers and legal privilege and impact of the new sentencing guidelines for health and safety offences.
Are you ready for the Modern Slavery Act 2015? Download our quick guideBrowne Jacobson LLP
This guidance note considers the (wide range of) organisations that S54 applies to, the measures that organisations are required to take to ensure compliance - particularly what the requisite ‘slavery statement’ must comprise - and the sanctions for non-compliance.
In this age of global business operations and opportunities, it is a business imperative to have an effective FCPA Compliance Program. In this webinar co-hosted with Paul Murdock of MCG Consulting we explore and discuss Foreign Corrupt Practices Act compliance and actions to achieve a FCPA Compliance Program.
For a full video of the recording visit: https://mco.mycomplianceoffice.com/mco-webinar/foreign-corrupt-practices-act-fcpa-compliance-webinar
Similar to In house lawyers forum, Nottingham & Birmingham - March 2016 (20)
Employment law update - Browne Jacobson Exeter - 06 February 2020Browne Jacobson LLP
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR Managers and HR Directors.
At these events we will present an overview of what we consider to be the most significant developments in 2019, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2020, and how you can get ready for what will be another busy year in employment law.
Earlier this year Edward Timpson’s review on school exclusions raised the profile of the practice of exclusions, managed moves and alternative provision. Head teachers and governors are now under increasing scrutiny to conduct the end-to-end process in a fair and consistent manner (and in line with the statutory guidance) to ensure that the best possible outcome for the school, its staff, its pupils and the parents is achieved.
In this webinar, Senior Associate Hayley O’Sullivan, explores the current exclusions landscape, looks at prospective changes to policy and practice and share examples of best practice to help you avoid common pit-falls when it comes to managing exclusions.
Hayley also provides an overview to the existing statutory guidance, proposed developments in relation to managed moves and alternative provision and share her thoughts on the anticipated changes in regulation as a result of the review.
Local authority acquisition and disposal of land - July 2019Browne Jacobson LLP
Ongoing austerity requires authorities to “sweat their assets” and land holdings are a significant focus for the generation of revenue and capital. These slides cover commercial and public law considerations in relation to:
- Powers to acquire land
- Powers to invest through land acquisition including investment purchases
- Potential barriers to disposal
- Powers to appropriate land
- Planning permission
- Powers to dispose of land
- Pre-conditions relating to disposal of land
- A capital receipt or a revenue stream
- Development vehicles and options
- Who do you need to be able to satisfy as to the legality of land transactions
Your employees, their future employers, and your intellectual property - July...Browne Jacobson LLP
Innovation and creativity is driven by your people. How do you as a business encourage innovation, capture the relevant IP assets and reward your innovators? What happens when a key individual leaves the business – how do you ensure that your R&D crown jewels remain legitimately protected? In a market of ever increasing competitive collaboration, setting up the right strategy to ensure the appropriate safeguards are in place and are communicated to your employees is important.
At this Public Sector Planning Club we reviewed:
- Recent developments in planning law, including cases and guidance
- Consideration of the use of planning conditions, including the appropriate use of pre-commencement conditions
- The powers available for stopping up and diverting highways, when these may be used, and points to consider
Browne Jacobson, Deloitte and DoctorLink are pleased to invite you to our first joint health tech seminar with leading industry thought leaders. This will be a practical session, sharing experience from across the NHS and beyond to inform options on how to improve services, break down silos and focus on population health outcomes.
This event is exclusively for Commissioners, GPs, and Policymakers keen to understand how new integrated care systems and models of care can meet the needs of their local population and can be implemented pragmatically and affordably to drive improvement goals and achieve better health, better care and better value.
Education Law Conference Manchester - Monday 10 June 2019Browne Jacobson LLP
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
The IICSA has a number of investigative streams, and one of its areas of focus is Accountability and Reparations. It has already recommended that the Government sets up a Payment Scheme for former Child Migrants, and the Government has acted upon it.
Is a redress scheme the way forward for abuse claims? How might it impact your organisation? We are helping more and more organisations explore the pros and cons of redress schemes so that they can decide whether a scheme is right for them and what the longer term impacts might be.
Our Birmingham Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our London Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our Admin and Public Law seminar, chaired by Sir Robert Devereux, former Permanent Secretary for the Department for Work and Pensions was held on Thursday 4 April, covering the following topics:
- 'wearing two hats' - managing the legal risks of conflicts of interest and allegations of pre-determination/bias
- information law update session - freedom of information (FOI) cases, General Data Protection Regulation (GDPR)
- case law update
- judicial review - tactics for dealing with judicial review and case law
In this webinar recording, Selina Hinchliffe, Alex Kynoch, Nick Smee and Helen Jones hold a panel discussion covering some of the key state aid concepts and how this impacts ownership and licensing of intellectual property, both from a commercial partner, public body and university perspective.
Whilst you’ve been distracted with Brexit and what that means for your business, you’ve probably missed some significant changes in the law. In our March forum we covered:
- contract changes (what they mean to your supply chain, customers and suppliers)
- data protection (the challenges of becoming a 'third country')
- legal privilege and internal investigations (practical tips following SFO V ENRC)
- employment law (changes to employment law you need to be aware of)
- banking - your banking covenants (what to be aware of - particularly in the event of a downturn ahead)
- property (end of lease issues for business owners).
For further training and resources visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Every business, and every in house lawyer, will at some point be involved with an enquiry, an investigation, or potential litigation. During litigation, documents – including emails, attendance notes and reports – which are relevant to the litigation may have to be disclosed if they are not privileged.
So businesses need to know how it can assess litigation risk or conduct an enquiry without creating documents that it then has to produce and which may be detrimental to its position. The law on this issue has recently been considered by the Court of Appeal in two key cases: WH Holding Ltd v E20 Stadium LLP and SFO v Eurasian Natural Resources Corp Ltd.
In this webinar recording, our experts Mark Daniels and Helen Simm provide you with the key information you need to identify these issues when they arise and to know how you can best protect your position.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
In this practical session we explored the legal duties of directors and the difficulties which they may face. The session focussed on individuals who are directors for public sector companies, including their role, obligations and competing interests which may arise.
At our February planning club we covered the following topics:
- planning performance agreements
- expert evidence in planning inquiries
- certificates of lawful use.
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Mental health, capacity and deprivation of liberty case law update, February ...Browne Jacobson LLP
Rebecca Fitzpatrick looks at some of the most recent leading cases in relation to the Mental Health Act and Deprivation of Liberty, including the Supreme Court’s important decisions of 'MM' and 'PJ' which consider the interaction between the Mental Health Act and deprivation of liberty in the community. Rebecca also covered the subsequent case of 'AB' which focuses on the role of the High Court’s inherent jurisdiction in these types of cases, and the recent final report from the Mental Health Act independent review chaired by Professor Sir Simon Wessely.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
4. Modern Slavery Act 2015
Modern slavery - slavery, servitude,
forced/compulsory labour and human trafficking
World’s fastest growing organised crime worth USD
38-50 billion a year
ILO estimate: 21 M men, women and children work in
modern slavery conditions today
5. Modern Slavery Act 2015
Slavery and Human Trafficking statement
Any organisation who:
• is a body corporate or partnership
• supply goods or services in the UK, and
• has a total annual turnover of more than £36 million
must prepare a slavery & human trafficking statement for
each financial year
Turnover includes any subsidiary and excludes trade
discounts, VAT and some other taxes.
6. Modern Slavery Act 2015
So who does that apply to?
• Local authorities – probably
• Charities and universities if they fulfil the relevant
criteria
• Organisations with a global turnover of £36m or
more
And even if an organisation does fall within the s54
threshold it may be required to assist customers and
suppliers with their supply chain analysis
7. Modern Slavery Act 2015
What does your organisation have to do?
• Publish a slavery and human trafficking statement
on its website - with a prominent link to the
statement on the website’s home page.
8. What should the statement
include?
No mandatory requirements, but may include:
• its structure, business model and supply chains
• its policies relating to slavery and human trafficking
• the parts of its business and supply chains
• where there is a risk of slavery and human trafficking
taking place, and the steps it has taken to assess and
manage that risk
9. What should the statement
include? (cont.)
• its effectiveness in ensuring that slavery and
human trafficking is not taking place in its
business or supply chains, measured against
appropriate key performance indicators
• its due diligence processes in relation to slavery
and human trafficking in its business and supply
chains
• the training about slavery and human
trafficking available to its staff.
10. Modern Slavery and Human
Trafficking Statement
The statement needs approval at a senior level:
• In the case of a company, the statement must be
approved by the board of directors and signed by a
director
• LLPs – the LLP members must approve the
statement and it must be signed by a designated
member
• Other types of partnership – A partner must sign
the statement
11. Modern Slavery and Human
Trafficking Statement
When?
• If your organisation’s financial year ends on/after
31 March 2016 the first statement must be made in
respect of financial years ending on or after 31
March 2016.
• If your organisation’s financial year ends before 31
March 2016 it does not have to make a statement
regarding the current financial year (but will for
next year).
12. Modern Slavery and Human
Trafficking Statement
What if we don’t bother?
• The Secretary of State may enforce the duty by
way of injunction
• Reputational risk
13. Monitoring Emails
Barbulescu v Romania [2016]
• ECtHR decision
• Dismissed for personal internet use at work
• Employer accessed private messages sent to the
employee’s friends and family relating to personal
matters
• Dismissal upheld – proportionate interference with
Article 8 rights
14. Monitoring Emails
But beware:
• Unusual for policy not to tolerate at least some
personal use
• Data Protection Act still applies
• Limited application
15. Our Modern Slavery product
• Board minutes - for consideration and, if agreed, approval of the
organisation’s modern slavery and human trafficking statement - once
prepared.
• Anti-slavery policy - for an organisation to detail its own specific
approach and publish within the organisation.
• Slavery and human trafficking statement - for an organisation to detail
its own approach and publish via its website as required by Section 54.
To help you get started tailoring these templates to your organisation we have
included one hour of phone or email time to enable you to discuss development of
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17. Are you a senior manager?
The extension of the FCA’s Senior Managers
Regime to in-house lawyers
Catriona Lothian
18. Senior Management Functions
• FCA and PRA have specified SMFs
• BUT the list is not exhaustive
• ‘Also important to
identify any other individuals
who have overall responsibility for an
activity, function or area’ - FCA
19. What about the legal function?
‘We now recognise that some confusion
exists in this area’ - FCA
• ‘Providing legal advice to the Board would not
automatically bring a General Counsel within
scope’
• ‘Rather we should focus on individuals having
overall responsibility for a firm’s legal function’
20. Impact on privilege?
• is a lawyer participating in a decision or simply
ancillary to a decision?
• perception that a lawyer might be pressured by
regulators to disclose privileged information
• implications for legal professional privilege if a
lawyer is treated as part of senior management?
• potential effect on the way firms structure
businesses and decision-making processes
21. Consultation plans
• FCA consultation paper ‘in due course’ seeking
views on pros and cons of capturing those with
overall responsibility for legal function
• What would be the impact on you and your firm?
Have your say – contact us to be part of the
concerted response.
22. In the meantime…
Good faith
• ‘firms that have sought to make decisions in good
faith about whether or not approval is needed, on
the basis of our published rules and other
communications, should not need to change their
approach in the interim.’ - FCA
25. A new company register - PSC
• Who? All UK companies (non-listed) and LLPs
• What? New register to identify and record PSCs (stipulated
information)
• When? 6 April 2016 (internal) and 30 June 2016 (file at
Companies House)
• Why? Transparency, trust, terrorist funding, tax evasion
• How? Small Business, Enterprise and Employment Act 2015
(SBEEA) plus statutory instruments and guidance
26. What do companies need to do?
• Internal register – 6 April 2016
• Reasonable steps to identify PSCs (plus notices)
• Enter required information on register & update
• Available for inspection (free) or copies (£12)
• File at Companies House – 30 June 2016
• Must have a PSC register – never be blank
• Criminal offence if fail to comply
27. Who is a PSC?
“Significant control conditions”
• Holds, directly or indirectly, more than 25% of shares
• Holds, directly or indirectly, more than 25% of voting rights
• Has the right, directly or indirectly, to appoint or remove a
majority of the board of directors
• Has the right to exercise, or actually exercises, significant
influence or control (see guidance – nb minority protections)
• Exercises, or has the right to exercise, significant influence
or control over a trust or firm, which itself meets any of
above conditions
28. Indirect ownership / RLEs
• Rights might be held indirectly (i.e. corporate groups)
• When legal entity holds shares/rights and someone has majority
stake in that entity
• Don’t need to enter that person on register unless legal entity they
held interest through is not an RLE
• Majority stake: majority voting rights, appoint/remove majority of
board, right to exercise or actually exercise dominant influence
• RLE: meets one or more of four control conditions and keeps own
PSC register/DTR5/listed on relevant overseas exchange
• Registrable RLE: only if first RLE in ownership chain
29. Examples
1. Simple 3. More complex 4. Very complex
2.
50% 50%
UK Company A
20% 20% 20% 20% 20%
P1 P2
UK Company B
PSCs = P1 + P2
100%
P1
UK Company Z
UK Company Y
UK Company X
Company Z PSC
register = P1
Company Y PSC
register =
Company Z
30%
Company X PSC
register =
Company Y
70%
P1 P2
Overseas
Company B
(unlisted)
Overseas
Company C
(unlisted)
No PSC register
UK Company A
No PSC register
Company A PSC
register = P2 only
(majority stake)
“Look through non-RLE’s”
Still need a PSC register stating
no PSCs
No PSCs (unless
arrangements)
100%
100%
100%
100%
30. What else will the SBEEA change?
• Private co registers may be held at Companies
House (June 2016)
• End of annual return – replaced by annual
confirmation (June 2016)
• Prohibition on corporate directors (currently
October 2016 – already delayed by 12 months)
34. Commercial law update
• Penalty Clauses/ Service Credits
• Indemnity
• In the 5 mins before signature
35. Quick advert…
In house lawyer “checker” Product
- Free second opinion/expert view/check a point
– Approx 20 minutes on the telephone
- Equivalent to seeing a specialist at their desk
- Exclusively for in-house lawyers
Terms and conditions apply ☺
36. From last time..
Parkingeye v Bevis (2015) 2015 SC
- £85 for overstaying free parking time – penalty?
- Genuine pre-estimate of loss?
- Deterrent?
- Unfair?
- Extravagant and unconscionable?
- Commercial Justification?
37. Supreme Court
- Heard alongside Cavendish v Makdessi (2015) SC
- Dunlop “test” too rigid – so….
(Several tests, depending on Judgement)
“Legitimate Interest”
+
“not exorbitant or unconscionable”
[“secondary, not primary obligation”]
38. So What?
- “Genuine Pre-estimate of loss” – not needed.
Instead:
- legitimate interest?
“parties have agreed, in order to…..”
- not extortionate
“no more than…” “represents…..”
39. So What?
“secondary obligation”
Avoid breach of contract entirely, so:
“If Supplier completes by [a] then charges are [£y]”
“If Supplier completes by [b] then charges are [£yyyy]”
Deposits – a secondary obligation?
- Use “legitimate interest/not extortionate” wording
40. Service credits
Sole remedy for breach?
Scottish Power v BP (HC) 2015
- BP required to deliver quantity of gas from a site
- Sole remedy for “underdelivery” based upon default
gas price. Replacement gas was more expensive.
- Deliberate action rather than “force majeure”
41. So What?
• When setting service credits consider – what should
happen if there is no delivery (at all).
• “…without prejudice to any other remedies the
parties might have”
• Avoid “Genuine pre-estimate of loss” (limiting
what is “in the contemplation of the parties”)
42. Indemnities
Capita v RFIB Group (2015) CA
- Sale of company by R to C
- R indemnified C for “services, goods or
advice” provided by the company “prior to the
Transfer Date”
- Effect of bad advice – damages accrued daily
43. Indemnities
2000 - Employee of R gave (wrong) advice
2004 - Sale of Company (+ indemnity)
2004 - Same employee notified of mistake
(ignored advice)
2005 - Misrepresentation –rectified
2008 - C sought to claim under indemnity
44. So what?
- Consider ongoing indemnities and their scope
- If the intention is to have a clear break pre/post
sale then this will need to be clear, otherwise the
first cause of loss will continue until any new one
intervenes.
45. In the 5 mins prior to signature
• Gordon Ramsey v Love (2015) HC
- Signature applied to a guarantee
- Statute of Frauds (1677)
- in writing
- signed
46. Lessons
• Liquidated damages clauses/ Service credits
– Save “penalty” clause by following the drafting –
legitimate interest, because, unrelated to breach
– Consider your total loss (& whether they’re enough)
• Indemnity
– Bear in mind the possibility of continually accruing
damages
47. Lessons
• A signature may not mean someone signed – check
the person had authority
• If you’re looking for quick, free answers to legal
questions over the phone…ask about “Checker”
today.
Thank you
50. Background
• “The Consumer Rights Act is the biggest shake-up
in consumer law in a generation. It's aim is to
simplify, strengthen and modernise the law, giving
people clearer shopping rights” Which
• “The changes are relevant to all consumers and
every business which sells directly to them.UK
consumers spend £90 billion a month. Transparent
rights will help them to make better choices when
they buy and save them time and money” Citizens
Advice
51. Higher Profile
• “Revealed: 13 major stores' web return rights are
WRONG
• Thankfully after we reported the issues to them, 13 of
the 17 firms have agreed to review their sites – some
have already made changes …. But the following
haven't and we've reported them to Trading
Standards” MoneySavingExpert
52. Higher Profile
• Citizens Advice Campaign
– “Its estimated a quarter of UK consumers spend
more than four hours trying to sort out problems,
one in ten having to take time off work to do so”
– “[The CRA] ..should make life easier for shoppers
who encountered more than 18 million problems
with consumer goods and services over a 12 month
period”
• Social media
53. 1. Implementation of the
Consumer Rights Directive
The Consumer Rights (Payment Surcharges) Regs
2012 – banning excessive payment surcharges.
Payment surcharges must reflect the actual cost of
processing the payment
54. 1. Implementation of the
Consumer Rights Directive
The Consumer Contracts (Information, Cancellation
and Additional Charges) Regs 2013 (“CCR”)
• Contracts entered into after 13 June 2014
• All consumer contracts with some exceptions (usually where
other legislation applies e.g financial services, package
travel)
• Rules for on premises contracts as well as off premises and
distance sales contracts
• provision of information to consumers
• additional rights for distance sales
55. The CCR…
• In particular:-
– Express prior consent required before additional
payments are taken; pre-ticked boxes are not
permitted
– Unless the consumer agrees otherwise, goods must
be delivered within 30 calendar days of purchase
– No premium rate telephone line for complaints,
after sales services etc
56. 2. Unfair Commercial Practices
Consumer Protection from Unfair Trading
Regulations 2014 (“CPUT”)
• Prohibit traders from engaging in unfair
commercial practices in dealings with consumers
• New civil right of redress for consumers against
traders
• Offences carry criminal sanctions ranging from a
fine to imprisonment for up to two years
57. Unfair Commercial Practices..
• utility companies demanding payment from non-
customers;
• private car-clamping companies;
• agents acting for retailers demanding payment for "civil
recovery" from alleged shoplifters
• Law Society Guidance - solicitor acting on a sale or
letting of property to a person for personal use or
private investment
58. 3. Empowering Consumers
• Various (non-statutory) initiatives to give
consumers more rights and powers
• Midata
– voluntary scheme to give consumers more access to
their transaction and consumption data, to
encourage consumers to compare and switch
suppliers
– Currently suppliers in 3 key sectors (energy, current
accounts and credit cards, and mobile phones), but..
59. 4. Reform of Consumer Law
Enforcement Institutions
• Abolition of the OFT
• Trading Standards - primary enforcer of key
consumer protection legislation
• Citizens Advice/Citizens Advice Scotland -
consumer advice, education and consumer
advocacy
• The Competition and Markets Authority (CMA) -
leadership role in relation to unfair terms
enforcement
60. 5. Consumer Rights Act 2015
• Came into force on 1 Oct 2015
• Consumer - an individual acting for purposes which
are wholly or mainly outside that individual's
trade, business, craft or profession.
• Directive “trade purpose is so limited as not to be
predominant in the overall context of the
contract”
• Trader has burden of proving customer is not a
consumer
61. CRA - Key Terminology
• Trader - a person acting for purposes relating to
that person's trade, business, craft or profession,
whether acting personally or through another
person acting in the trader's name or on the
trader's behalf
• Includes the activities of any government
department or local or public authority
• Includes activities leading up to or otherwise
related to the contract
62. CRA - Key Terminology
• Goods
– Any tangible moveable items including water, gas
and electricity supplied in limited volume /quantity,
e.g. a bottle of water, a gas cylinder or a battery.
• Digital Content
– New category of product treated similarly to
goods
– ‘data which are produced and supplied in digital
form’
63. CRA - Digital Content
• Includes computer programs, apps, games, music,
videos and texts, whether accessed through
downloading or streaming, from a tangible medium or
through any other means
• Includes digital content stored and processed remotely
e.g. software supplied via cloud computing.
• Includes digital content supplied as the result of a
service e.g. a website design service.
64. CRA - Supply of Goods
• 3 key conditions - goods must be: -
– of satisfactory quality;
– fit for purpose; and
– as described (if a customer has seen a sample or
model, goods must match the sample or model)
• Installed goods: if installation is part of the
contract, the goods will not be considered to
conform to the contract if the installation is
carried out incorrectly
65. CRA - Supply of Goods
• Goods with digital content: where there is a mix
of goods, the goods will not be deemed to conform
to the contract if the digital content does not
conform
• Excluded contracts:-
– supply of coins or notes for use as currency
– goods sold by execution or authority of law
– Contracts operating as a mortgage, pledge, charge
or other security
66. CRA - Supply of Goods – Key
Changes
• Goods must match a model seen or examined
• New short-term right to reject – 30 days
• Only one attempt to repair or replace
• New limits on deduction for use
• BUT consumer has no remedy for non-conformities
in goods which are caused by materials he has
supplied or to descriptions not supplied
67. CRA - Supply of Services
• Effect of the Supply of Goods and Services Act 1982
(“SGSA”) continues. Services must be:-
– carried out with reasonable skill and care;
– within a reasonable time;
– for a reasonable price
• contracts of employment/apprenticeship excluded
and the Secretary of State may make orders
excluding other contracts
68. CRA - Supply of Services – Key
Changes
Pre-contract information
• information required to be given by a trader under the
Consumer Contracts Regulations in relation to the
services, will form part of the contract
Information provided voluntarily
• information given voluntarily about trader or services,
orally or in writing, relied on by the consumer when
deciding will form part of the contract
69. CRA - Supply of Services – Key
Changes
New remedies:
– Services not performed with reasonable skill and
care /trader does not comply with information it has
provided about the service: right to repeat
performance, or, if this is impossible or not done
properly, a price reduction
– Services not performed within a reasonable time/not
in line with information provided about the trader,
the consumer has the right to a price reduction.
70. CRA - Supply of Services – Key
Changes
• Ban on excluding liability
• Ban on limiting liability to below the contract
price
• The services provisions apply regardless of
whether a price is paid for the services
(although in Scotland they do not apply where a
service is provided for free).
71. CRA - Unfair Contract Terms
• Fairness Test – significant imbalance to detriment
of the consumer
• Written terms must be “transparent”
– Exemption for price and subject matter: if clear
– Grey List Terms…
• An unfair contract term is not binding and is liable
to potential enforcement action by Trading
Standards or the CMA, but consumer can choose to
rely on unfair terms
72. CRA - Unfair Contract Terms
• Grey List Terms (Schd 2 Pt 1) - examples:
– limiting liability for death or personal injury
– limiting the legal rights of the consumer
– overly high compensation for non performance
– allowing trader to dissolve on a discretionary basis
– binding terms without opportunity to know them
– trader decides subject matter after the terms are binding
– terms giving the trader the discretion to decide the price
– terms limiting the trader’s commitments undertaken
– limiting a consumer right to take legal action
73. REMEDIES - GOODS : Tier 1 First 30 days -
short-term right to reject
• Applies during the expected life of the product
– Faulty products: right to reject i.e. return the
product, treat the contract as at an end and receive
a refund
– BUT if the customer agrees to repair/replacement,
the 30 day period is suspended for repair or
replacement and is extended until the later of:-
7 days after the waiting period ends;
until the 30 day period + the waiting period ends.
74. REMEDIES - GOODS: Tier 2 First 6 months
- repair, replace, final right to reject
• Faulty products - after 30 day period has passed,
but before 6 months from the date of sale, the CRA
assumes that the product was faulty at the date of
sale
– Trader has to prove that the product was not
defective at the date of sale.
– one opportunity to :-
replace; or
repair
75. REMEDIES - GOODS: Tier 2 First 6 months
- repair, replace, final right to reject
• If repair/replacement within the 30 day period, the
trader will have used up its one opportunity
• If the customer elects for a repair or replacement,
but the new or repaired product is faulty or
repair/replacement not carried out within a
reasonable time, the customer has the right to:-
– an “appropriate” price reduction; or
– a final right to reject.
76. Remedies - Goods
BUT:
• A trader can no longer refuse to repair or replace goods
on the basis that it would represent a disproportionate
remedy compared to a reduction in the purchase price
or termination of the contract.
• A consumer is no longer required to allow the trader a
reasonable time to repair or replace goods before
seeking the alternate remedy, or exercising the short-
term right to reject, if to do so would cause the
consumer significant inconvenience
77. Remedies - Services
• Right to Repeat Performance
Where the Services are NOT:
– performed with skill and care; or,
– performed in accordance with information provided
concerning the service
• If exercised, the trader must:
– provide it within a reasonable time, without
inconvenience to the consumer; and
– bear the costs incurred (inc any labour or materials)
78. Remedies - Services
• Right to a reduction in price
– If repeat performance not possible, not carried out
within a reasonable time without inconvenience, not
in accordance with information provided about the
trader
– “appropriate” reduction takes into account the
benefit the consumer has already derived. Normally
= the difference in value between the service paid
for and the value of the service as provided
79. Practical Steps
• On-premises contracts – review all store notices,
till receipts and other documentation in the light
of information and fairness requirements. Avoid
“your statutory rights are not affected”
• Off-premises contracts – ensure you have terms
and conditions for off-premises and telephone
sales. Many traders do not!
• Distance contracts – review your website and
terms & conditions
80. Practical Steps
• Train your staff – they are in the “front line”
• Provide scripts or cheat sheets for consumer-
facing staff
• Offer a helpline for consumer-facing staff
• External and internal escalation procedure for
complaints
• ADR – tell all customers about ADR options. Will
you submit to ADR?
81. Watch this space….
• BIS consultations:-
– draft directives relating to the sale of digital
content and the online sale of goods to consumers
– on how T&Cs can be made more user-friendly and on
proposals to introduce fines for unfair terms
• Common European Sales Law?
• the government is considering making ADR
mandatory across all consumer goods and services
in the UK …
85. Introduction
• The General Data Protection Regulations received
informal political approval
• The Regulation has set a 2 year implementation
period
• The Regulation is likely to come into force in spring
2018
87. In brief…
• Scope: EU based data controllers and processors in the context of its
activities in the EU.
• Where no EU presence, the GDPR will still apply whenever an EU
resident’s personal data is processed in connection with goods/services
offered to them or the behaviour of individuals within the EU is
“monitored”.
• The GDPR allows Member States to legislate in many areas.
• The data protection principles are revised but are broadly similar:
fairness, lawfulness and transparency; purpose limitation; data
minimisation; data quality; security, integrity and confidentiality.
• A new accountability principle
89. In brief…
• Under 16
• Children are “vulnerable individuals” and deserve “specific protection”
• Additional rules for online services provided to children under 16.
90. Grounds for processing personal data – do you have
any?
• Similar to current rules, except for consent
• Restrictions and clarifications around the ability to rely on “legitimate interests”
• Consent subject to additional conditions
• Effective prohibition on “bundled” consents and offering of services contingent on
consent.
• Consent must be separable from other written agreements, clearly presented and as
easily revoked as given.
• Further restrictions may be imposed by codes of conduct.
92. In brief…
• Genetic data and biometric data
• Sensitive personal data
• New conditions regarding the processing of genetic, biometric or
health data
93. Transparency
In brief…
• Controllers must provide information notices to ensure
transparency of processing
• Specified information must be provided
• There is also a general transparency obligation
• Much of the additional information will not be difficult
to supply – although it may be hard for organisations to
provide retention periods
• There is an emphasis on clear, concise notices
94. Rights for individuals
In brief…
• Rights to object
• Subject access rights
• Data portability
• Right to erasure and right to restriction of
processing
95. Demonstrate data governance
In brief…
• Implement measures to reduce the breach risk
• Take governance seriously
• Privacy Impact Assessments, audits, policy reviews,
activity records and appointing a Data Protection
Officer
96. Breach notification
In brief…
• Notification regime applies to data controllers and
data processors
• Data controllers must maintain an internal breach
register
• Additional breach notification requirements under
PECR still apply
97. Transfers of Personal Data
In brief…
• Transfers outside the EEA continue to be regulated and
restricted
• Remains a significant issue
• Non-compliance proceedings can be brought against
controllers and/or processors
• Safe Harbor and Privacy Shield
98. Remedies and liabilities for breach
In brief…
• Higher of €20,000,000 or, in the case of
undertakings, 4% of global turnover
• Compensation claims
99. Impact of a Brexit
• UK would be outside EEA
• Would need to offer “adequate level of protection”
• Commission views UK as inadequate due to defective
implementation of 1995 Directive
• Commission’s infraction proceedings against UK are still
live
• If UK doesn’t meet 1995 Directive it will not meet GDPR
• UK would need to implement “essentially equivalent”
measures or non-UK businesses would need to rely on
derogations/exemptions
101. Speak to us…
Emma Grant| 0115 934 2043
emma.grant@brownejacobson.com
Catriona Lothian| 0115 976 6182
catriona.lothian@brownejacobson.com
James Tait| 0121 237 3999
james.tait@brownejacobson.com
102. Speak to us…
Helena Wootton| 0115 976 6108
helena.wootton@brownejacobson.com
Alex Watt| 020 7337 1008
alex.watt@brownejacobson.com
Richard Nicholas| 0121 237 3992
richard.nicholas@brownejacobson.com
Editor's Notes
Commercial organisations operating in the UK (that is, organisations that supply goods and services from or to the UK and have a global turnover above £36 million) are required to publish a slavery and human trafficking statement each financial year, which sets out the steps they have taken to ensure there is no slavery or human trafficking in their business or supply chains.
Transitional provisions: the obligation will only apply in each financial year ending on or after 31 March 2016.
An organisation can comply by stating that it has taken no steps during the financial year to ensure that their business and supply chains are free of slavery and human trafficking. This could lead businesses to be subject to closer scrutiny and public pressure to comply.
There is no prescribed form for such a statement. Suggested inclusions are:
The organisation’s structure, it’s business and its supply chains
It’s policies relating to modern slavery and human trafficking
Its due diligence processes in relation to modern slavery and human trafficking.
The parts of its business and supply chains where there is a risk of slavery and human trafficking taking place, and the steps taken to manage that risk.
Its effectiveness in ensuring that slavery and human trafficking is not taking place in its business or supply chains, measured against such performance indicators as it considers appropriate.
The training about slavery and human trafficking available to its staff.
If the organisation has a website, the statement must be published don their
If there is no website, it must provide a copy of the statement to anyone who makes a written request for one within 30 days of receipt of a request
The statement will need to set out the steps the organisation has taken during the financial year to ensure that slavery and human trafficking is not taking place in any part of its own business or any of its supply chains.
i.e. it will affect you if you sell anything to consumers
Slightly odd effect upon the business to business legislation that has not been collated into one Act, as it is left across a variety of pieces of legislation – so whilst SOGA is no longer relevant for consumers it is still relevant for business to business sales.
So whilst you might think to yourself that this is in large part legislative housekeeping, as this legislation collates a mismatch of related legislation already in force – you would miss the important changes and you would underestimate the importance it is being given by others. Who is going to check your terms after all?
People know about this legislation far more than most other such pieces of legislation there have been specific campaigns by groups such as Citizens’ Advice and with the advent of Social Media the news is widespread.
Airlines such as Ryanair became famous for charging more than £5 for making a card payment further to an investigation by the OFT
Or the Directive on Consumer Rights
Marketing love a pre-checked box don’t they?
There are practical implications to this- you will need to check it actually happens, if it doesn’t then you may need to change your delivery options and increase your postal charges.
If you have historically done this – then you need to check now that you do not do it any more – it is still fairly commonplace.
Just as the Consumer Rights Act came into force on Oct 1st 2014 so the CPUT came into force on Oct 1st 2015
Outrageous
Also outrageous
Trying to avoid the courts
Anyone selling a service to someone acting ‘mainly’ outside their business remembering that a consumer is someone that is ‘an individual acting for purposes that are wholly or mainly outside that individual’s business’.
The aim of the midata programme is that consumers should have access to the information that companies hold about their transactions in a machine-readable and reusable format. This will make it easier to compare the different offers available. The sectors considered have been energy, personal current accounts, credit cards and mobile phones. These are sectors where consumers have long term, frequent interactions with service suppliers and where it is complicated to compare the cost of those services – this is where having midata is most valuable
OFT replaced with the CMA
Trading Standards to be supplemented by civil claims
Trader or professional – almost anyone selling anything but not quite, private sales excluded
Essentially not changed but absolutely key
So computers with software on them – i.e. iPhones.