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Shoosmiths LLP | June 2024

Manufacturers of internet or network connectable products for the UK market are now required to implement minimum security standards to protect such products from cyber-attacks. Importers and distributors are also impacted by these requirements ...

Shoosmiths LLP | June 2024

The gig economy was created out of a desire for services to be on demand with limitless flexibility. If elected, Labour has pledged to provide greater job security and remove the distinction between worker and employee – are the two in conflict? The gig economy is a term that describes a labour market where workers are hired to perform tasks on a short-term, flexible basis, rather than into permanent or full-time jobs ...

Shoosmiths LLP | June 2024

Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner. What matters? Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner ...

Shoosmiths LLP | June 2024

A recent parliamentary report, the last to be published before the upcoming UK general election, says that we need to “fundamentally change the way we think” about AI ...

Shoosmiths LLP | June 2024

To celebrate the Euro 2024 football tournament kicking-off, we wanted to pay tribute by ranking the data protection authorities from the nations competing in the tournament. Below, we have set out our top ranked data protection authorities and the reasons why they are our top picks. Rank 1: Spain No ...

Shoosmiths LLP | June 2024

In April 2024, the FCA issued practical steps and finalised guidance on the Anti-Greenwashing rule, effective from 31 May 2024, ushering forth the FCA's regulatory priority accorded to ESG and sustainability. On 28 November 2023, the UK Financial Conduct Authority (“FCA”) published consultation paper, GC23/3, (the “CP”) outlining its proposed guidance on the Anti-Greenwashing rule (ESG 4.3.1R, the “Rule”) ...

Shoosmiths LLP | June 2024

The Automated Vehicles Act (the Act) creates a licensing and permitting scheme for operators that intend to use automated vehicles to offer transportation services for passengers and goods. In this article Ben Gardner outlines what potential operators need to consider ...

Shoosmiths LLP | June 2024

Employees have a statutory right not to suffer discrimination in the workplace and it is essential that employers, and those responsible for managing the workforce, fully understand the legal provisions and the potential consequences of failing to comply. Sexual orientation is one of nine characteristics that are protected by discrimination legislation ...

Shoosmiths LLP | June 2024

In the final part of our mini-series in dealing with DSARs, we look at the process of redacting when responding to a DSAR, and in particular, what information should be provided to an employee who has submitted a DSAR. Employees are increasingly seeking to raise DSARs within an employment context and in particular ahead of instigating legal proceedings. Responding to a DSAR can be a challenging, costly, and often time-consuming process ...

Shoosmiths LLP | June 2024

Between April 2022 and March 2023, 15,848 complaints were submitted to the ICO in respect of DSARs. This article follows our previous discussion on how employers can remain compliant with the ICO’s guidance on DSARs and how employers should respond to DSARs ...

Shoosmiths LLP | June 2024

The Automated Vehicles Act (the Act) regulates the marketing of self-driving vehicles, prohibiting the use of misleading terminology or communications that could confuse consumers. In this article Ben Gardner explores how the use of terminology that could mislead consumers will be regulated. The Act has now received Royal Assent and creates a regulatory framework which applies to the deployment and use of automated vehicles on UK roads ...

Shoosmiths LLP | May 2024

On 3 May 2024, the Court of Session upheld the Scottish Ministers’ decision to refuse Miller Homes Ltd planning permission for 250 houses in West Calder.  The decision is the first occasion on which the Court has considered Policy 16 of the NPF4 (Quality Homes) and confirms the approach to be adopted when considering applications for development of unallocated housing sites in the absence of an adopted local development plan postdating NPF4 ...

Shoosmiths LLP | May 2024

With the race to develop AIs, the intellectual property protection for them is an increasingly vexed subject. The UK Intellectual Property Office’s (UKIPO) new guidelines may help. The issue European and UK patent law excludes from patent protection inventions relating solely to a program for a computer or a mathematical method. The exception to this is where there is a ‘technical contribution’ to the state of the art ...

Shoosmiths LLP | May 2024

As employers begin to embrace Artificial Intelligence (AI) within the workplace, its growing use within the recruitment process means that the potential risks of its implementation need to be considered. The Responsible Technology Adoption Unit (RTA) has published guidance to assist HR and recruitment organisations on how to use AI responsibly ...

Shoosmiths LLP | May 2024

Following the announcement of a UK general election, set for Thursday 4 July 2024, the real estate industry now has a unique opportunity to pro-actively engage with policymakers on sustainability – helping shape future regulation and strategy to support meeting the industry’s net zero targets ...

Shoosmiths LLP | May 2024

The Digital Markets, Competition and Consumers Bill (the Bill) completed the legislative process and received Royal Assent on 24 May 2024 and is now law.  The changes introduced by the Bill include better protection for consumers in relation to subscription contracts, regulation of fake reviews, the display of ecommerce pricing information (to avoid ‘drip pricing’) and enhanced enforcement measures (including GDPR style fines) against non-compliant traders ...

Shoosmiths LLP | May 2024

On 17 April 2024, the JCT Design and Build 2024 (JCT DB 2024) was published. This is the first contract published in the new JCT 2024 suite, with further contracts set to be published on a rolling basis over the coming year. There are some notable changes, but overall the JCT has taken a balanced approach on the extent of the changes, building on the previous JCT Design and Build 2016 (JCT DB 2016). An understanding of the key changes is essential for those looking to adopt the new form ...

Shoosmiths LLP | May 2024

A General Election will be held on 4 July 2024. In this article, Sarah Jenkins considers what that might mean for the pensions industry What does the General Election mean for pensions? It has been a busy time for the pensions industry of late - a new policy, consultation or legislation seemingly appeared each month. However, the pensions plates are not the only ones which the Government has been spinning, and much of the planned pension reform has not yet made it to the statute books ...

Shoosmiths LLP | May 2024

On 15 May 2024 a new report, titled 'Skills 2030; Building a World-Class Skills System' was launched in Westminster. Below are our key recommendations of the report and what it could mean for the automotive sector.  The report includes contributions from multiple industries and sector leaders including the Institute of the Motor Industry (IMI), Jisc, The University of Derby and The University of Warwick ...

Shoosmiths LLP | May 2024

On 16 May, a letter was signed by over 50 participants and groups from the digital asset industry. They sent it to the Speaker and Minority Leader of the U.S. House of Representatives, urging them to back a Bill (HR 4763, the Financial Innovation and Technology for the 21st Century Act or “FIT 21”). FIT 21 is expected to be debated and voted on this week ...

Shoosmiths LLP | May 2024

The Automated Vehicles Act has received Royal Assent after a smooth and quick passage through parliament. In this article, Ben Gardner outlines what organisations in the sector can expect to happen next. What is the Automated Vehicles Act? The Act lays the foundations for the future deployment of automated vehicles on public roads ...

Shoosmiths LLP | May 2024

HR teams have a lot on their plate, but a key priority for 2024 is undoubtedly protecting the employee brand proposition. Our 2024 online programme is focused on supporting HR teams to do just this, equipping them with the tools they need to protect the employee brand proposition of the organisations they work for. Our latest webinar focused on what organisations need to do to protect their employee data ...

Shoosmiths LLP | May 2024

When the Scottish Law Commission (SLC) first invited comments in 2018 on the wide-ranging topic of termination of leases, it sought views not only on those elements which were subsequently covered in its draft bill, the Leases (Automatic Continuation etc) (Scotland) (Bill) published in 2022, but also on the Tenancy of Shops (Scotland) Act 1949 ...

Shoosmiths LLP | May 2024

When assessing your business assets, IP might not be at the front of your mind, but it could be one of your most valuable assets as it’s at the heart of your business. This article provides a whistlestop tour of the IP assets that are important to consider ...

Shoosmiths LLP | May 2024

NPF4 forms part of the statutory development plan taking precedence where it postdates local development plans. Tesco argued that the local planning authority failed when considering whether the store was "small scale neighbourhood retail development". Tesco has successfully challenged a decision by Perth and Kinross Council granting planning permission to Aldi for a store at Pitheavlis, Perth. The store was intended to be a direct replacement for Aldi's existing store at Glasgow Road ...

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