Expert Analysis

• What To Know About 'Prior Obligations' Sanctions Exemption

  

  The U.K. Office of Financial Sanctions Implementation recently issued a "prior obligations" general license authorizing U.K. persons to receive funds or economic resources owed to them by any person targeted by U.K. asset freeze sanctions, and it is novel for its scope but by no means a panacea, say Jane Shvets and Konstantin Bureiko at Debevoise.

• Recent Cases Mark Maturation Of CAT Class Cert. Approach

  

  The Competition Appeal Tribunal's recent refusal to grant collective proceedings applications against Visa and MasterCard in the Commercial and Interregional Card Claims case shows that the tribunal takes its role as a gatekeeper seriously, and that it will likely continue to be difficult for defendants to defeat certification first time around, say lawyers at Linklaters.

• Key Changes In EU's New Regs For Competition Agreements

  

  The European Commission’s new competition law regulations aim to clarify guidance, and will include important changes reflecting recent case law and policy developments to help businesses assess compatibility of their cooperation agreements with EU law, say lawyers at Eversheds Sutherland.

• Why The UK Needs Tougher Fraud Enforcement

  

  The Crown Court's recent conviction of Anthony Constantinou for running a Ponzi scheme is a rare success for prosecutors, highlighting the legal system's painfully slow course when it comes to complex fraud, and the need for significant funds and resources in the fight against financial crime, says James Clark at Quillon Law.

• Workplace Neurotech Requires A Balance Of Risk And Reward

  

  The U.K. Information Commissioner's Office's recently released a report on neurotech, and while such technologies could unlock a stubbornly low productivity stagnation, they pose employer data compliance questions and potential employee discrimination risks, say Ingrid Hesselbo and Ben Milloy at Fladgate.

• What New FCA Management Will Mean For Enforcement

  

  Therese Chambers’ first speech since becoming the U.K. Financial Conduct Authority’s joint executive director provided insightful observations about the expected behaviors of firms and their legal advisers during investigations, indicating the advent of a proactive, prosecution-minded enforcement agency trying to do the right thing, says Richard Burger at WilmerHale.

• 5 Years Of GDPR And Its Impact On The UK

  

  The fifth anniversary of GDPR sees the U.K. seeking to diverge from European Union law, but it is paramount that the U.K. maintains its adequacy status to ensure that the lawful transfer of personal data to the EU can continue without hindrance, says Sian Stephens at Payne Hicks.

• Mass EU Privacy Litigation May Be Imminent After GDPR Case

  

  While the EU Court of Justice decision in Österreichische Post, clarifying that personal data infringements under the General Data Protection Regulation must be effectively compensated, has not yet opened the floodgates for data breach litigation, it has definitely encouraged individuals to pursue damage claims, says Jan Spittka at Clyde & Co.

• How B2B Data Sharing Could Unlock Untapped Value

  

  B2B data sharing offers organizations an opportunity to extract greater value from an existing asset, and although it is essential to consider the legal and regulatory framework and maintain a sound governance structure, with strong support businesses that share data are likely to grow more than those that do not, say Jocelyn Paulley and Helen Davenport at Gowling WLG.

• ITV Scandal Offers Important Considerations On HR Policies

  

  The recent resignation of former ITV host Phillip Schofield after admitting to an affair with a younger staff member raises questions on employers' duty of care and highlights the need for not only having the right internal policies in place but also understanding and applying them, says Hina Belitz at Excello Law.

• What Google Case Means For Privacy Class Action Litigation

  

  While the recent High Court decision in Prismall v. Google UK and DeepMind highlights the high bar for bringing collective actions on an opt-out basis and the difficulties of relying on the tort in misuse of private information, it is not impossible as long as the case is right, says Kingsley Hayes at Keller Postman.

• Why Coordinated UK Crypto Regulation Is Needed

  

  The slew of recently published crypto-sector consultations and reports differ in their treatment of the currency, so the industry must coordinate to establish regulations that can weather the proliferation of fraud while supporting the U.K.'s race to become a world leader in digital assets, says Nicola McKinney at Quillon Law.

• How FRC Aims To Restore Trust In UK Corporate Governance

  

  The U.K. Financial Reporting Council’s recently issued proposals for changes to the Corporate Governance Code 2018 are welcomed as they would create a more joined-up approach to reporting, although conditions should be drafted as guidance rather than a requirement in order to give companies flexibility, say lawyers at BCLP.

• What The Italian Whistleblowing Decree Means For Employers

  

  The new Italian whistleblowing decree, guidelines to which must be adopted by authorities this week, represents a major milestone in protecting employees by broadening employers' obligations, and it is essential that multinational companies with an interest in Italy verify their compliance with the more stringent requirements, say lawyers at Studio Legale Chiomenti.

• Meta Fine Offers EU Data Privacy Compliance Warning

  

  The recent record €1.2 billion fine against Meta highlights that all transfers of EU personal data to U.S. companies inherently risk breaching the General Data Protection Regulation, so companies should examine whether privacy compliance is sufficiently built into their business model, says Eddie Powell at Fladgate.