Jurisdiction
by Victoria Smith|17 November 2022|Our Thinking
In 2022, the UK ICO released topic-specific guidance on employee monitoring. The guidance was published in draft form and is open to consultation until 11 January 2023. The ICO reviewed the Employment Practices Data Protection Code to reflect changes in the workplace and technological advances. The purpose of the guidance is to inform employers how […]
Read moreby Victoria Smith|18 October 2022|Our Thinking
On 21 April 2021, the European Commission (the “Commission”) published its proposal for the Artificial Intelligence (“AI”) Regulation (the “Draft Regulation”). It represents the Commission’s attempt to regulate AI technologies, setting out a cross-sectoral regulatory approach to the use of AI systems across the European Union (“EU”) and its Single Market. The Commission aims to […]
Read moreby Victoria Smith|10 October 2022|Our Thinking
background Following Lord Hill’s UK Listings Review Report in March 2021 on the proposed reforms for the UK equity capital markets, on 19 July 2022, the UK Secondary Capital Raising Review (“SCRR”) was published. The aim of the SCRR is to increase the efficiency of the capital raising process and facilitate companies raising money to […]
Read moreby Victoria Smith|4 October 2022|Our Thinking
On 28 July 2022, the Law Commission of England and Wales (the “Commission”) published a consultation paper (the “Paper”) on Digital Assets where it considers property rights issues, and specifically, private personal property law, in relation to digital assets (“Digital Assets”). The Commission acknowledges the importance of Digital Assets in a modern society and discusses […]
Read moreby Victoria Smith|27 September 2022|Our Thinking
On 20 May 2022, the English High Court (the ‘‘High Court’’) made a remarkable judgment under DD Classics Ltd v Chen [2022] on what constitutes a reasonable time period to exercise the contractual right to terminate an agreement due to repudiatory breach before losing such right. The Court’s decision emphasised its initial judgment dated 29 […]
Read moreby Vicki McEwan|10 March 2022|Industry News
FCA RULES AND HANDBOOK Part 9A of the Financial Services and Markets Act 2000 (“FSMA”) provides the Financial Conduct Authority (“FCA”) wide-ranging powers. Under Section 137A the FCA can make legally binding rules for authorised and in some cases, unauthorised firms and individuals. FSMA contains important checks and balances on these powers, including procedures that […]
Read moreby Emma Cleveland|7 March 2022|Industry News
Following the Brexit transition period, the temporary permissions regime (“TPR”) was developed to ensure continuity of services for UK customers. The TPR allows European firms operating in the United Kingdom (the “UK“) via a passport to continue operating temporarily while they seek full authorisation before the Financial Conduct Authority (“FCA”). However, in order to remain […]
Read moreby Leela|28 February 2022|Industry News
On 17 December 2021, the European Securities and Markets Authority (“ESMA”) published a letter (the “Letter”) addressed to the European Commission (the “Commission”) as a response to the questions raised by the Commission in their letter dated 24 September 2021. The Commission’s letter related to a consultation on facilitating cross border investment undertakings, which included […]
Read moreby Emma Cleveland|24 February 2022|Industry News
HIGHER RISK INVESTMENT (“HRI“) STRATEGY STATEMENT In September 2021, the FCA published a Strategy Statement in relation to HRIs. The FCA describe HRIs as opportunities whereby high returns are being promised, and although product names and descriptions change frequently, examples of HRIs might include: high return bonds or mini-bonds often advertised as eligible to be […]
Read moreby Leela|17 February 2022|Industry News
Investment opportunities have become increasingly complex, digitalised and riddled with riskier products which has become further heightened by use of social media. This has proven problematic for the UK’s financial promotion regime (the “FPR”) in terms of how it can ensure that consumers are getting information fit for informed investment decision making. The consensus is […]
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