UK Knowledge Collection

Yesterday saw several significant pieces of legislation receive royal assent, before Parliament was prorogued in the run-up to the King's speech. The Online Safety Act was one of those that made it through; our Insight looks at its scope, the nature of the new duties of care it introduces, and the complex compliance issues it raises.

The new Economic Crime and Corporate Transparency Act also received royal assent yesterday. It introduces profound changes to the UK company's register that will affect all entities registered at Companies House. We look at ten of the most important reforms in respect of corporate transparency and for limited partnerships.

The UK's competition regulator, the CMA, has published its long-awaited Green Agreements Guidance, which offers considerable certainty to businesses looking to cooperate with a competitor on an environmental sustainability issue.

Understanding the risks of climate-related litigation and of making green claims continues to be a main focus for businesses throughout Europe. Our Litigation Brief considers a recent Court of Appeal case where activists sought to bring a derivative claim against directors of a pension trustee company. In the EU, the Parliament and the European Council have reached provisional agreement to ban certain misleading practices on making environmental claims by 2026. In November, as part of our Decarbonisation Week of events, we host a webinar on identifying and mitigating greenwashing risk.

Recent Insights

Litigation Brief October 2023

This edition includes the significant UK Supreme Court decision that in effect renders almost all litigation funding agreements unenforceable; the issue of tactical use of witness evidence in a foreign language; climate change-related litigation and new guidance from the Law Society; and recent decisions on "without prejudice" privilege. 
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UK's Online Safety Act is a seismic regulatory shift for service providers

Many online service providers that were previously not subject to safety regulation in the UK will now fall under Ofcom's jurisdiction.
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Economic Crime and Corporate Transparency Act receives Royal Assent | 10 things you need to know about the corporate transparency and limited partnership reforms

The Act introduces fundamental changes including ID verification for company directors and beneficial owners, restrictions on the use of corporate directors, and increased filing obligations for limited partnerships.
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Greenwashing: EU's latest legislative initiative steps up scrutiny of 'green' claims

The bar for making claims about a business's environmental goals or the environmental impact of a product, service or brand in the EU is rising, as new rules will focus on avoiding misleading ads and information.
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Collaborating on ESG: the UK's CMA publishes Green Agreements Guidance

The guidance aims to give businesses more certainty on how green collaborations in the UK can be structured and delivered in compliance with competition law. 
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Events

Eating Compliance for Breakfast | Compliance issues and solutions in venture capital investments

7 November | 09:00-09:30

A review of some of the more common compliance issues faced by companies and investors in early stage venture capital investment transactions together with suggestions for practical solutions.
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Dipping into Data | Cross-border data transfers

13 November | 16:00-16:30

What practical considerations and actions arise for business from recent developments on cross-border data transfers?
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Eating Compliance for Breakfast | The All-Day Breakfast

14 November | 08:30-12:45 | London

A deeper look at topical compliance issues for business, including an interactive workshop on supply chain due diligence and the value chain, and four roundtables on AI governance, whistleblowing, managing the first 24 hours of a regulatory investigation, and sanctions.
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Navigating a route to M&A clearance on both sides of the Atlantic: foreign investment controls

16 November | 15:00-16:00

How to secure regulatory clearances that are required in the USA, UK and EU due to foreign investment and national security controls. Using real-life examples, we will highlight the challenges that can arise during the M&A process when acquiring, or investing in, a business with an international presence in sensitive sectors such as defence, aerospace, artificial intelligence, energy and advanced materials.
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Decarbonisation Week

Investing in sustainable innovation
20 November | 09:30-10:30

Climate technology plays a crucial role in mitigating climate change. We will explore the technology; obstacles to and incentives for investment; and the role of venture capital. An international panel will focus on EU regulation for investment in climate tech and the legal challenges and opportunities of its commercialisation.

Climate finance: Navigating the regulatory landscape and legal considerations for sustainable funding
21 November | 09:30-10:30

Investment into green and low-carbon technologies is critical for achieving net zero. The use of different types of finance to make these investments will be central to achieving decarbonisation goals. An international panel will discuss the use of green bonds and finance, how structuring and fund formation is evolving, ESG compliance issues, and more.

Greenwashing and green claims: Identifying and mitigating risk
22 November | 09:30-10:30

Identifying and mitigating the risks arising from the making of green claims is an essential activity for businesses. We will provide an overview of where companies are most vulnerable to allegations of greenwashing and the applicable legal frameworks. Our international experts will provide guidance on legal developments across Europe.

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