UK Knowledge Collection | REUL Act, transatlantic data flows, and neurotechnology risks
Published on 14th Jul 2023
Welcome to this week's Knowledge Collection
The controversial Retained EU Law (Revocation and Reform) Act 2023 has been enacted. While not in the end heralding an overnight removal of vast amounts of legislation from the UK statute book – only 600 pieces of relatively inconsequential legislation will be scrapped at the end of the year – the Act significantly changes the status of retained EU law and broadens the scope of ministerial discretionary power. Our Insight looks in detail at what the Act does and what these changes mean for business.
Following 24 Member States voting in favour of the EU-US Data Privacy Framework, the European Commission has adopted its adequacy decision for the US. Some UK businesses operating internationally may indirectly benefit, even though the UK is not covered by this framework.
In the UK, the Information Commissioner's Office has published a report on neurotechnology, to support its ability to "protect people, provide clarity for businesses and enable privacy-positive innovation". While the regulator acknowledges the many benefits such technology might bring, it emphasises the importance of developing safeguards to protect individuals from harm.
This autumn we will be running a series of events on the new Procurement Act, including webinars on how supplier performance will be monitored when bidding for and performing public contracts (and what happens if performance is not up to scratch), transparency and bringing procurement challenges.
Recent Insights
Umbrellas at the ready: non-compliance in the UK umbrella company market
The government has responded to its call for evidence on the role of "umbrella" companies in the labour market, alongside a consultation on tackling non-compliance with employment and tax law. The consultation runs until 29 August.
The Retained EU Law Act 2023: the revolution is cancelled, but substantive change to UK law post-Brexit continues
At the end of 2023, the supremacy of retained EU law will be abolished in the UK. With this abolition of supremacy, along with general principles of EU law, and the sunset of retained EU rights and obligations, the Act may be introducing another source of interpretive confusion.
Five things you should know about the EU Foreign Subsidies Regulation
New EU foreign subsidy rules now apply, that add an extra layer of complexity for businesses to existing merger control, competition law, state aid, public procurement and foreign direct investment rules.
What does the new Data Privacy Framework adequacy decision mean for US data flows?
The European Commission has adopted its adequacy decision for the US. EU and UK businesses transferring personal data should check if their US data importers certify under the new framework.
Neurotechnology advances pose discriminatory and privacy risks, warns the UK's ICO
The privacy regulator warns of the challenges of collecting personally identifiable neurodata: data protection and ethical risks are a major concern.
Events
Procurement Act 2023 webinar series
KPIs, exclusion and debarment
12 September | 09:00-09:45
The new Procurement Act includes new rules around monitoring supplier performance in public contracts, and how and when suppliers could be excluded from bidding for public contracts, including ending up on a centrally-managed debarment list.
A new age of transparency in public procurement
20 September | 09:00-09:45
The Procurement Act requires authorities to publish information during a procurement process and beyond. What notices can suppliers expect to see?
The future of procurement challenges and remedies
4 October | 09:00-09:45
What is the scale of the changes introduced by the Procurement Act and what are the implications for suppliers considering bringing a procurement challenge?
