UK Knowledge Collection | Black Friday and competition law, minimising risk at work events, and digital markets, data and media reform
Published on 17th Nov 2023
Welcome to this week's Knowledge Collection
With the festive season approaching, the retail sector will be hoping that despite the cost of living pressures on consumers, Black Friday promotions will succeed in attracting bargain-hunters and deliver a much needed boost to sale volumes. However, there are important competition law factors for brands and retailers to consider. Our Insight takes a closer look at the issues.
Also at this time of year, with an increase in social events, employers need to be mindful of the potential for harassment (and other) claims arising from inappropriate behaviour at what may be considered to be workplace events. Our employment team considers what steps businesses can take to reduce these risks. Later this month our webinar will look at recent employment law developments and what's in the pipeline.
The government's legislative programme, announced last week, featured three significant bills affecting competition in digital markets and consumer law (the Digital Markets, Competition and Consumer Bill, or DMCC), the regulatory landscape for broadcasters (the Media Bill) and reforming the data protection regime (the Data Protection and Digital Information Bill). Our digital competition webinar later this month will look at the implications of the DMCC alongside broader regulatory requirements affecting digital markets in the UK and EU.
Finally, next week sees our decarbonisation week of events, with our in-house lawyer programme following at the end of the month.
Recent Insights
Age assurance is focus of European regulatory action for online protection of minors
One way to protect minors online is to have age assurance before certain content can be accessed. Checking age can raise privacy and cybersecurity concerns, and the law on what is required or permitted is not entirely harmonised across the EU and the UK.
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European Parliament committees and EPO issue opinions on draft SEP regulations
The European Commission's draft regulation on standard essential patent (SEP) licensing, which would drastically change how SEP disputes are approached in the EU, has been met with differing opinions from the committees of the European Parliament and an intervention from the European Patent Office.
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How to avoid competition law bear-traps in Black Friday promotions in the UK and EU
Competition law places clear limits on the extent to which retailers’ freedom to set retail prices may be fettered. Retailers may be obliged to comply with qualitative criteria that exist to protect brand image, but these cannot be used to force retailers into pricing at certain levels.
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UK King's Speech announces legislation for the digital, data and media spheres
The data protection and DMCC bills were carried over from the previous parliamentary session, and the Media Bill had been published in draft. Will they make the statute book this time?
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UK Employment Law Coffee Break
This edition looks at the government's proposals to "simplify" certain aspects of the Working Time Regulations and TUPE, and holiday entitlement for irregular and part-year workers following the Supreme Court's decision in Harpur v Brazel, considerations for employers on harassment and social events, and a spotlight on immigration.
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Events
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.
In-house Lawyer Talks
Digital Competition – latest developments in the UK and EU
27 November | 10:00-11:00
Competition law in digital markets is developing rapidly, with new laws in the UK and EU and investigations and private actions against large tech players.
Corporate internal investigations: the good, the bad and the ugly
28 November | 10:00-11:00
This session will cover when investigations might be required, the options, and the role of the in-house lawyer – including privilege, ESG factors, and more.
Demystifying guarantees and indemnities
28 November | 14:00-15:00
We will look at the differences between a guarantee and indemnity and the clauses that make them work, clarify the common terminology and talk through the issues when entering a contract containing any form of guarantee or indemnity.
How to protect your contractual rights
29 November | 10:00-11:00
When a potential contractual dispute is in the air, it is critical to ensure rights are protected. The session looks at how to reserve rights, including terminating for delay, waiver and estoppel, and variation. We will consider whether "no waiver" clauses work, giving away rights, and increasing the chance of being paid by insurers.
The Economic Crime and Corporate Transparency Act 2023: what you need to know
30 November | 10:00-11:00
The most fundamental change to the purpose and role of the UK's corporate registry since its creation in 1844 also introduces a new corporate criminal offence of failure to prevent fraud and limits on the use of corporate directorships. This webinar offers all you need to know about these forthcoming changes.
Employment law update
30 November | 14:00-15:00
The employment team will consider age-related issues in the workplace and positive action initiatives, HR data issues for employers, and an update on employment laws in the pipeline.
Generative AI: Harnessing its power and managing the risks
1 December | 10:00-11:00
Generative AI poses a two-fold challenge for in-house lawyers: legal and compliance risks need to be understood and managed, as does the technology itself and how it can be used within the legal team.
Annual Marketing Law Forum 2023
5 December | 09:00-12:00
Our annual "Look back, face forward" event, taking place in our London office, looks at the current and future landscape of the marcoms law industry, covering significant cases and developments in 2023 and what to look out for next year.
