Does a Service Provider Have a Lien Over Customer Data?
On 19 November, Datateam won permission to appeal from an unreported decision of District Judge Bell sitting in the Reigate County Court on 12 June. The facts of the case, which related to unpaid...
View ArticleAmended TUPE Regulations Published in the U.K.
In previous posts (Proposed Changes to UK's TUPE will impact outsourcing deals, The UK Government consults on proposed changes to the TUPE regulations) we highlighted the UK Government's proposed...
View ArticleUK Amends TUPE Regulations
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) has been in the spotlight as part of the UK Government’s Employment Law Review. TUPE implements the EU Acquired Rights...
View ArticleCourt of Appeal confirms that information is not property
In a recent judgement, the Court of Appeal of England and Wales held that an electronic database was not a chose in possession or a chattel but a chose in action (see our earlier blog regarding the...
View ArticleFCA Chief announces Project Innovate: Helping Firms Meet the Technological...
The head of the UK's Financial Conduct Authority, Chief Executive Martin Wheatley, used a speech at Bloomberg, London given on 3 June 2014 to promote the FCA's Project Innovate (the drafted text of...
View ArticleOECD calls for increased focus on Outsourcing, IT and Supplier Risk
At a recent conference, the Twelfth Annual Corporate Accountability Conference, 12 June 2014, Cercle National Des Armées, Paris, Pierre Poret, Counsellor, Directorate for Financial and Enterprise...
View ArticleUK telecoms regulator issues call for input on Internet of Things
Ofcom has published a call for input, entitled "Promoting investment and innovation in the Internet of Things", regarding issues that might affect the development of the emerging Internet of Things...
View ArticleOECD Calls for Higher Focus on Outsourcing, IT and Supplier Risk
At the Twelfth Annual Corporate Accountability Conference held in Paris last month, Pierre Poret, Counsellor and Directorate for Financial and Enterprise Affairs at the Organisation for Economic...
View ArticleFCA warns firms on use of social media to promote financial products
The UK financial services regulator, the Financial Conduct Authority (FCA), has launched a guidance consultation in order to clarify and confirm its approach to the supervision of financial promotions...
View ArticleEU Cybersecurity Regulations - The Costs of Financial Market Infrastructure...
Any company that uses information technology is a potential target for data theft, advanced malware and other cyber threats. Cyber threats have emerged as a growing systemic risk particularly to the...
View ArticleFTC Chairs warns of threats from the Internet of Things (IoT)
The Internet of Things (IoT), whereby miniature computers are embedded into objects and devices and connected via the internet using wireless technology, offers many advantages, such as smart...
View ArticleDrones in UK Skies: An Increasingly Crowded Regulatory Airspace
With drones or unmanned aerial vehicles (UAVs) becoming commonplace in the UK in both commercial and non-commercial applications, the law has been required to evolve and play catch-up. Although drones...
View ArticleYikes, Here Comes Brexit! What Next for the UK’s Sourcing Industry?
In case you missed it, the Great British public caught the world off guard when, on 23 June 2016, a small but significant majority voted in favour of the UK withdrawing from the European Union. Much...
View ArticleIT, Commercial and Outsourcing Contracts: Brexit Top 10
According to Theresa May, the UK’s recently installed prime minister, Brexit means Brexit. But what this actually means in practice is still unknown. There is still a huge amount of debate over what...
View ArticleBrexit Board Briefing
The world is awash with uncertainty about Brexit. We imagine that you, like most, are sorting through it all. Pillsbury is here to help. Our dedicated Brexit Team is monitoring developments and...
View ArticleJapan steps into Brexit debate with a message to the UK and the EU
The Japanese government has stepped into the Brexit debate with an unprecedented warning to the EU and the UK, saying that Japanese inbound investment into the UK could be put at risk by Brexit...
View ArticleFCA Says Big Data Use by Insurers Generally Working Fine—Data Protection...
The UK’s financial services regulator, the Financial Conduct Authority (FCA), has recently published summaries of the responses it received to a Call for Inputs (CfI) on the use of big data in the...
View ArticleAviva’s £8.2M FCA Fine a Stark Reminder that Regulated Firms Cannot Outsource...
The FCA has fined Aviva, the UK insurance group, £8.2 million for failing to have appropriate controls over its outsourced service providers. According to the FCA’s press release, the fine would have...
View ArticleBrexit and Procurement
UK’s Industrial Strategy announced—new Government contracting approach will favour UK-based firms after Brexit. UK Government spending currently runs circa £278 billion per annum. Government...
View ArticleHuman Rights and Global Supply Chains
Fashion retailers need to be vigilant to prevent human rights abuses in their supply chains whilst complying with their legal obligations. The UK’s Parliamentary Joint Committee on Human Rights is...
View ArticleWhite Paper Sets Out UK Government’s Brexit Strategy
The UK Government has published a White Paper setting out its Principles and Objectives for exiting the EU. - The European Union Bill—authorising Article 50 notice—passed its first hurdle on February...
View ArticleRobots and Rule-makers
Recently, governments and rule-making bodies across Europe, the UK and globally, appear to be paying increasing attention to the need for the development of legislative and regulatory frameworks in the...
View ArticleSAP’s Licensing Time-Bomb - Software giant’s victory in “indirect use” case...
On February 16, 2017, the High Court of Justice in the United Kingdom held that Diageo plc, a global drinks company, was liable for unauthorized use of SAP software as a result of failing to secure...
View ArticlePayment Practices and Performance Reporting - New UK rules aimed at tackling...
Under Section 3 of the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015), the Secretary of State has the power, by regulations, to require certain companies to publish information about...
View ArticleEuropean Banking Authority (EBA) Publishes Draft Recommendations for...
The European Banking Authority (EBA) has opened a consultation on its draft recommendations for financial institutions outsourcing to cloud service providers across all cloud-related domains including...
View ArticleBrexit - What the UK’s general election result may mean for Brexit
Once again, the UK’s electorate have gone to the polls, and once again the result has confounded the pollsters, with the Conservative party losing 12 seats resulting in a hung parliament....By: Tim Wright
View ArticleOutsourcing in the Pharmaceutical and Life Sciences Sectors – A UK Perspective
Pharmaceutical and Life Sciences companies operate in a demanding environment and face diverse challenges such as pricing pressure, increased regulatory requirements and mounting costs. With this...
View ArticleUK Enacts New Offences of Corporate Facilitation of Tax Evasion
The Criminal Finances Act 2017 (the Act) will enter into force in the UK on September 30, 2017, creating new corporate criminal offences in respect of the facilitation of tax evasion. Adopting the same...
View ArticleModern Slavery Guidance Updated by UK’s Home Office
Updated Home Office guidance provides more detail of expected best practices and encourages smaller businesses to make a slavery and human trafficking statement even if not legally required. • Larger...
View ArticleLegal Issues in Additive Manufacturing Technology – Peeling Back the Layers
The Fourth Industrial Revolution is the term coined by Klaus Schwab, the founder and executive chairman of the World Economic Forum, to describe the fourth major industrial era since the first...
View ArticleLegal Issues in Robotic Process Automation
You can’t move in the outsourcing industry without hearing about Robotic Process Automation (RPA). And while it might sound like terminology cribbed from a sci-fi novel, the truth is that RPA is...
View ArticleCharting the Growth of Human Rights and Ethical Reporting in the EU
Increasingly, businesses across Europe must report on a wide range of ethical and related matters in addition to publishing their financial results. Requirements for businesses to undertake...
View ArticleDPO as a Service – Outsourcing the Role of Data Protection Officer
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of...
View ArticleBrexit Negotiations: As the First Phase Draws to a Close, the Next Phase Awaits
The UK and the EU have published a joint report at the conclusion of the first phase of the UK’s Article 50 withdrawal negotiations. Agreement has been reached in principle on three key issues: the...
View ArticleCloud Computing by EU Financial Institutions Gets a New Rule Book
Financial institutions should take note of, and make every effort to comply with, the European Banking Authority’s new cloud computing guidance which will be effective from 1 July 2018. In order to...
View ArticleEuropean Businesses Offering Payment Services Told How to Manage Operational...
Payment service providers operating in the EU must take note of new risk management requirements from the European Banking Authority. The European Banking Authority’s operational and risk management...
View ArticleNHS Digital Publishes Guidance for Health and Care Organisations Using Cloud...
NHS and social care organisations in the UK are being encouraged to take a fresh look at public cloud services given the myriad benefits of doing so. The guidance is timely given the coming into force...
View ArticleThe EU Establishes Its Position on Brexit Transition
The European Council has set out its negotiating position whereby the UK will become a rule taker, not a rule maker, during the transition period. The European Council recently approved negotiation...
View ArticleLicensing Oracle Software in the Cloud
Oracle recently published a policy document entitled “Licensing Oracle Software in the Cloud Computing Environment” which sets out specific requirements on customers when licensing various Oracle...
View ArticleHow to Buy AI: Ten Top Tips for Buying Automation Technologies
You have to have been living under a rock the last few years to have not caught on that artificial intelligence is making waves in many parts of our economy. In the last decade, computers have been...
View ArticleGibraltar’s Financial Services Regulator Adopts First-Ever Purpose-Built...
Gibraltar has become the first jurisdiction worldwide to offer a fully regulated framework for firms working with distributed ledger technology (DLT)—also known as blockchain. The new regulatory...
View ArticleEU: “Hard” Brexit Would Come with Border Friction and Costs
The European Union has published a technical note warning of dire consequences for businesses if the UK leaves the EU with no deal in place. The European Commission has warned companies across Europe...
View ArticleECB Sets out Its Expectations for Booking Models and “Empty Shells” after...
Booking model practices used by international banks placed under scrutiny as a result of Brexit. The European Central Bank has been considering the booking model practices used by international banks,...
View ArticleThe EU Publishes a First Draft of the Withdrawal Agreement with the UK
We now have more clues on what the terms of the EU’s divorce from the UK may look like—expect friction. The European Union has published a draft of the proposed Withdrawal Agreement covering the UK’s...
View ArticleEU Publishes Draft Guidelines for Future Relationship with Britain
The guidelines present a stark contrast to Prime Minister May’s vision of a “deep and special” partnership with the EU after Brexit. The President of the European Council has issued negotiating...
View ArticleRoad to Brexit: Theresa May sets out “Five Tests” with which to judge...
The Prime Minister has given the clearest indication yet of what the UK will seek in the Brexit negotiations. Access to each side’s markets is going to be less than it is today....By: Tim Wright
View ArticleOh No, Mr. Robot Just Hacked Our Smart Building…
At a recent seminar discussion on smart buildings, I was reminded of the Mr. Robot episode where the general counsel of a multinational corporation, which is being targeted by a hacker group, has her...
View ArticleThe 15 Tests against Which Any Brexit Deal Should Be Measured
A Report published by the UK’s Exiting the European Union select committee sets out a series of tests against which to measure the eventual Brexit deal. The Report sets out 15 tests with which to judge...
View ArticleSAP Announces New Pricing Model
Software giant’s new pricing model attempts to address customer concerns about liability exposure due to “indirect access.” SAP’s new pricing model is a big step forward in addressing the uncertainty...
View ArticleModern Slavery and Trafficking – Why Supply Chain Transparency Matters
According to research conducted by the International Labour Organisation, more than 40 million people worldwide were victims of modern slavery in 2016, and about 152 million children, aged between five...
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