11 July 2019
ICO’s proposed largest ever fine of £183 million against BA prompts the question: can you insure penalties imposed for breach of GDPR?
The UK’s data protection authority, the ICO, has announced twice in two days this week that it proposes to levy significant fines on organisations for breaches of the General Data Protection Regulation ( GDPR ), which took effect in May 2018. First it announced that it intends to fine British...
10 July 2019
In a global business it can often be difficult to get to know your colleagues in other offices and locations. You may deal with them by email or over the phone, but that rarely equates to understanding how, or why, they came to be doing the work they do today or the additional skills and...
03 July 2019
Challenges in the Consumer Sector: Adapting to the new reality
In the second of our series of three feature articles on Challenges in the Consumer Sector being published in PLC Magazine this summer, Susan Black, John Chetwood, Miriam Everett, Tim Leaver, Kristien Geeurickx, Jemima Coleman, Richard Wood, Rebecca Perlman and Rachel Montagnon examine some more...
02 July 2019
Open Innovation and Collaboration
Over this last year we have been talking to our clients about open innovation – what approach do they take – how "open" can it be – how are innovation and collaboration processed and structured – is "ownership" still an important factor - what issues are there in collaborating with partners from...
28 June 2019
Avoiding breaches of competition law when collaborating on ESG initiatives
When collaborating with other industry participants on your next environmental, social or governance (" ESG ") initiative, it is important to remember competition law and the need to avoid sharing competitively sensitive information.
25 June 2019
The view from Brussels - Can the Backstop be Renegotiated?
Both candidates to be leader of the Conservative Party, and therefore to be UK Prime Minister, have vowed to renegotiate the Withdrawal Agreement and in particular the Protocol on Ireland/Northern Ireland. Meanwhile in Brussels, the EU-27 (meeting in Euro summit format) has just reiterated, again,...
25 June 2019
AVMS Directive: To implement or not to implement? That is the question
There is no doubt that the likelihood of a “no-deal” Brexit continues to grow. Against this backdrop, the UK Government has issued a Consultation Document setting out its proposed approach to implementing legislative amendments to the EU’s Audiovisual Media Services Directive (“ AVMSD ”) into...
20 June 2019
Corporate Crime Update, Spring 2019
Welcome to the Spring 2019 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each jurisdiction, please click read more for...
11 June 2019
Product Intervention Powers and Design and Distribution Obligations in Financial Services: A cross-border perspective
Many regulators view their ability to intervene as one of their key supervisory tools to reduce harm in cases where there is a risk of significant consumer detriment or threat to financial markets.
29 July 2019
ACCC’s game changing digital platforms final report: 5 things you need to know
The ACCC is at the forefront of the global debate on the implications and consequences of digital platforms for competition and consumers. In its final report , the ACCC has approached the challenges and opportunities presented by digital platforms by adopting a holistic approach that takes account...
29 July 2019
Challenges & Opportunities as CDR legislation nears enactment
Herbert Smith Freehills’ briefing on the progress of the Consumer Data Right ( CDR ) regime in Australia following the CDR Bill’s introduction into Parliament last Wednesday. Our briefing identifies key potential industry impacts, practical CDR issues and cross-sector CDR implications that...
25 July 2019
Challenges in the Consumer Sector: Moving towards sustainable plastic use
In the final article in a three-part series, Susan Black and Julie Vaughan of Herbert Smith Freehills LLP examine how the use of plastic is regulated in the UK and the EU, and the responsibilities of businesses in the retail and consumer sectors.
25 July 2019
Mandatory human rights due diligence on the cards in the US?
On July 10, 2019, the U.S. House of Representatives Committee on Financial Services opened debate on the discussion draft of a bill that would require publically listed companies to conduct human rights due diligence and report on their findings and responses.
24 July 2019
Directors’ Duties in the UK – the rise of the Stakeholder?
There has in recent years been a renewed focus on the role of business in society in the UK. Factors contributing to this have included the continuing, and long-standing, concern about the levels of executive pay and a number of well-publicised corporate failures. The behaviour and transparency of...
23 July 2019
Review of the Equator Principles – Draft EP4 released for comment
The Equator Principles ( EPs ) is a risk management framework adopted by financial institutions to determine, assess and manage environmental and social risks of the projects they finance. Established in 2003, the EPs have been adopted by 96 financial institutions in 37 countries. These financial...
19 July 2019
Today NSW Government confirms significant security of payment reforms will commence in October 2019
The NSW Government has significantly reformed NSW’s security of payment legislation, through an amendment Act which was passed into law in November 2018 and an amendment Regulation which was published (in the same form as the public consultation draft) today.
18 July 2019
Moscow Corporate crime and investigations newsletter - July 2019
This newsletter summarises recent Russian regulation, enforcement and court practice developments which may be relevant for doing business in Russia from corporate crime and investigations perspective. Additionally, this newsletter spots some US and other relevant developments which should be kept...
17 July 2019
Inside arbitration: The role of arbitration in employment-related disputes
Practical uses and limitations In this article, Paul Goulding QC of Blackstone Chambers, Peter Frost, London and Barbara Roth, New York, Partners in Herbert Smith Freehills' contentious Employment practice, and Hannah Ambrose, Senior Associate in the Global Arbitration practice, explore the growing...
17 July 2019
Modern Slavery: UK Government responds to Independent Review
The UK Government has published its response to the independent review of the UK Modern Slavery Act 2015, together with a consultation paper on proposed changes to the statement on transparency in supply chains required under section 54 of the Act . If implemented, these changes could increase the...