Legal and Regulatory News

Updates on the latest legal and regulatory developments

Employment

TUPE – provisions on micro-businesses to come into force

Although most of the amendments to the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") applied in relation to transfers taking place on or after 31 January 2014, the provisions enabling micro-businesses to provide information to and consult directly with affected employees apply only in relation to TUPE transfers occurring on or after 31 July 2014.

30 July 2014

Litigation

Time limited obligations to engage in “friendly discussions” before proceeding to arbitration may be binding

In Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm) the Commercial court considered whether a contractual clause requiring the parties to "first seek to resolve the dispute or claim by friendly discussion" before proceeding to arbitration was enforceable, and - if it was - whether it would constitute a condition precedent to issuing arbitration proceedings.

17 July 2014

Court of Appeal provides clarification on Mitchell

In an important recent Court of Appeal judgment (Denton and others v TH White Ltd and another; Decadent Vapours Ltd v Bevan and others; Utilise TDS Ltd v Davies and others[2014] EWCA Civ 906), the Master of the Rolls, Lord Justice Vos and Lord Justice Jackson have stated that some courts have misunderstood and misapplied the judgment inMitchell v News Group Newspapers Ltd[2013] EWCA Civ 1537.

14 July 2014

Gambling

The long arm of the levy

The Government consults on extending the levy to offshore bookmakers

On 26 June, the Government's consultation (the "Consultation") on the extension of the Horseracing Betting Levy (the "Levy") to bookmakers outside Great Britain was published and is available here.  At present payment of the Levy, which is applied to the gross profits of bets taken on British horseracing, is required of only those bookmakers whose operations are based in Great Britain. 

27 June 2014

Gambling

European Court of Justice rules on Schleswig-Holstein, but offers little certainty for online operators in Germany

After previous uncertainty surrounding the legality of Germany's Inter-State Treaty on Gambling ("ITG"), the Court of Justice of the European Union ("CJEU") has now ruled in the vital case of Digibet and Albers v Westdeutsche Lotterie. Although this provides some clarity on the consistency of the federal German law with Article 56 of the Treaty of the Functioning of the European Union ("TFEU"), the ruling crucially fails to address wider concerns regarding the proportionality and transparency of gambling regulation in Germany overall, leaving the future unclear for operators in the country.


 

20 June 2014

Gambling

An Olswang Guide to the new gambling licensing regime in Great Britain

When the Gambling (Licensing and Advertising) Act comes into force, remote operators not previously required to hold a licence in Great Britain will need to apply to the Gambling Commission for licences in order to continue to offer their services to customers in Great Britain.

10 June 2014

Data Protection

Cybersecurity and corporate crisis in the retail industry

In December 2013 it was revealed that Target, a major retailer in the US, was affected by a security breach. We explain what happened, the likely impact and why proactive security management should still be a top priority for retailers.

04 June 2014

Data Protection

Top security threats and how to avoid them - a report from the ICO

In May, the ICO published a report which identified eight common IT security threats which have commonly arisen during the ICO's investigations into data breaches. These include failure to update software, inappropriate locations for data processing and failure to take appropriate steps when decommissioning software or services.

04 June 2014

Data Protection

Threat vectors

A selection of cyber threats and other stories that have made the headlines this month.

04 June 2014

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