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Ads & Brands Law Digest: December 2020/January 2021
09 February 2021Welcome to the December 2020/January 2021 issue of our monthly Ads & Brands Law Digest.
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Trade union’s ‘canny strategy’ met duty of care owed to its member
09 February 2021The High Court has dismissed a claim by a trade union’s former shop steward that it failed to meet its duty of care to him after he was suspended for misconduct. The union provided sound tactical advice in circumstances where his prospects of success against his employer in court were slim.
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Lewis Silkin bolsters Dispute Resolution ranks with lateral partner hire
Press Release
08 February 2021Neil Parkes joins the firm as a commercial disputes and media/tech IP litigation specialist
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COVID-19 requirements for travelling and entry to the UK
04 February 2021Since the beginning of 2021, the Government has implemented a raft of additional travel and entry measures to minimise the spread of new coronavirus variants in the UK.
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Brazil’s Lei Geral de Proteção de Dados (LGPD) – what do UK and EU companies need to know?
04 February 2021September 2020 saw the official entrance on the scene of the LGPD - Brazil’s first comprehensive data law, which consolidates existing legislation in order to regulate the use and processing of personal data.
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“It wasn’t our fault! …” 10 lines unlikely to get much regulatory sympathy following a data breach
02 February 20212020 saw four major data breach-related fines issued by regulators in the UK and Ireland in the aviation, hospitality and media & entertainment sectors, with GDPR security and breach notification obligations as their focus. This piece paraphrases the 10 excuses commonly raised by data controllers when challenging the initial amounts of those fines, as well as the regulatory response rejecting them. That's because advance knowledge of lines of argument which aren’t likely to get much sympathy from regulators will help organisations better understand regulators’ expectations when it comes to cybersecurity – especially as these early fines are likely to shape future enforcement activity.
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Employment law in Indonesia - an overview
Inbrief
01 February 2021Although still a largely agrarian economy, Indonesia is rapidly industrialising and diversifying into other spheres. The continuous and steady growth of the country makes Indonesia an attractive place for business in the coming years. It is important that organizations currently doing business in the country or considering doing so are aware of the often strict employment laws in Indonesia.
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Employment law in Hong Kong - an overview
Inbrief
01 February 2021With its historical ties with the West and reputation as a “gateway” to Mainland China, it is not surprising that Hong Kong is already home for many Western companies and is top of the list for those wishing to expand into Asia Pacific. This in-brief provides an overview of employment law in Hong Kong.
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Reforming non-compete clauses: radical change ahead? David Samuels, Mike Anderson and Toni Lorenzo comment for PLC Magazine
Press
29 January 2021As part of the government’s intention to support businesses in recovering from the economic effects of the COVID-19 pandemic, the Department for Business, Energy & Industrial Strategy (BEIS) is consulting on reforming the law on post-termination non-compete clauses in employment contracts. David Samuels, Mike Anderson, and Toni Lorenzo share their insights in this article for PLC Magazine.
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Happy Data Protection Day!
28 January 2021Today is the 15th Data Protection Day - and for those of you who are interested, it is also the 40th anniversary of Convention 108 which, along with Convention 108+, is credited with influencing and shaping data protection and privacy in Europe.
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Sports Q&A - How are esports regulated?
28 January 2021It’s impossible to answer this question without taking a closer look at the esports ecosystem. Although there are certain parallels to draw with traditional sports (with professional players, teams, leagues and championships) there are also significant differences. In particular, the international and national federation structure as seen in traditional sports is generally absent in esports.
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Employer acted unlawfully by disciplining union activist for use of its IT systems
27 January 2021University College London has lost its appeal against an Employment Tribunal’s decision that it unlawfully disciplined a union activist for refusing to comply with an instruction to take down an email list he had created for union communications.
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CMA poised to get personal on pricing algorithms!
27 January 2021The CMA has published an eye-opening paper on algorithms, showing how they can, if misused, reduce competition in digital markets and cause harm to consumers.
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Lewis Silkin advises Harbour Group’s SpotSee Holdings on its acquisition of TMC Hallcrest and LCR Hallcrest
Deal
27 January 2021Lewis Silkin has advised SpotSee Holdings, a subsidiary of its longstanding client Harbour Group, a US based manufacturing and distribution operating company, on its acquisition of TMC Hallcrest and LCR Hallcrest.
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UK launches new immigration routes for Hong Kong British National (Overseas) citizens
27 January 2021From 31 January 2021, two new immigration routes will be launched for British National (Overseas) (‘BNO’) citizens and for their adult children, who are born on or after 1 July 1997. These two routes are BN(O) Status Holder and BN(O) Household Member.
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Suspended union activist’s application for injunction refused
27 January 2021The High Court has refused a trade union activist’s application for an interim injunction to end his suspension and stop a probation hearing from considering whether he should be dismissed for his views on his new employer’s business model and his previous union activities.
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Ireland: Employee unfairly dismissed for being refused remote working during pandemic
27 January 2021The Workplace Relations Commission recently found that an employee was unfairly dismissed when her employer rejected her request for remote working in response to the Covid-19 pandemic.
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Ireland: New Code of Practice on preventing workplace bullying
27 January 2021This article reviews the main points employers should consider in a new Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work that came into effect in Ireland last month.
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Graduating from the ICO Sandbox - a look at the first four exit reports: Ali Vaziri writes for PDP Journal
Press
26 January 2021Ali Vaziri mines the first four exit reports from the ICO's regulatory Sandbox for actionable insights.
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ブレグジット貿易協定は、英国の雇用法にどのようなインパクトを与えるか?
26 January 2021英国と欧州連合(EU)は、英国政府発行の要約と欧州委員会発行の説明パンフレットと共に、貿易協力協定(協定)の文書を公開している。The UK and EU have published the text of their Trade and Cooperation Agreement (the Agreement), alongside a summary issued by the UK government and an explanatory brochure from the EU Commission.