My blog

EDPB Guidelines on controllers and processors

21/09/20 – On 2 September 2020, the European Data Protection Board (EDPB) adopted ‘Guidelines 07/2020 on the concepts of controller and processor in the GDPR’.  The Guidelines deal with the principles underpinning the differences between controllers and processors, and also delve into the more esoteric world of joint controllers.

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Demise of the EU-U.S. Privacy Shield

23/07/20 – If you, as a ‘data exporter’, want to transfer personal data to a country outside the EEA (and which is not one of the 12 countries that have been granted an adequacy decision by the European Commission), then you need to use one of the GDPR-approved ‘transfer mechanisms’.

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The P2B Regulation – regulating the e-commerce gatekeepers

13/07/20 – The EU Platform to Business Regulation (the ‘P2B Regulation’) came into effect on 12 July 2020.  The P2B Regulation applies to all online platforms and search engines which provide services to business users in the EU, where those business users offer goods or services to consumers in the EU.

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Government’s response to the Law Commission’s report on Electronic execution of documents

12/03/20 – The UK government has issued a Statement in response to the Law Commission’s report on Electronic execution of documents.  My article on the Law Commission’s report can be accessed here. Key takeaways from the government’s Statement: The government agrees with the report’s conclusion that businesses and individuals can feel confident in using e-signatures […]

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AA v Persons Unknown – recovering Bitcoin ransom payments

10/02/20 – In AA v Persons Unknown [2019], the Commercial Court confirmed that cryptoassets such as Bitcoin can constitute property under English law, and are therefore capable of being subject to a proprietary injunction (i.e. a court order which prevents the defendant from dealing with the relevant property). The judgment refers extensively, and gives considerable […]

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UKJT’s Legal Statement on the Status of Cryptoassets and Smart Contracts

04/12/19 – Prompted by a perceived need to provide legal certainty and market confidence in distributed ledger technology (DLT) and smart contracts, the UK Jurisdiction Taskforce (part of the LawTech Delivery Panel) published a Legal Statement on the Status of Cryptoassets and Smart Contracts on 18 November 2019.  The Statement follows on from a consultation launched […]

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CMA alleges resale price maintenance by guitar firm Fender

22/10/19 – The Competition and Markets Authority (CMA) has made a provisional finding that Fender Musical Instruments Europe Limited operated a policy between 2013 and 2018 which required online retailers to resell Fender’s guitars at or above a minimum price.  This practice constitutes illegal resale price maintenance (RPM) under: The Chapter I prohibition of the […]

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Law Commission’s report on Electronic execution of documents

25/09/19 – Following a project focusing on uncertainties regarding the formalities around the electronic execution of documents, the Law Commission issued its report on Electronic execution of documents on 6th September 2019. Key takeaways: Electronic signatures can be used to execute documents, including where there is a statutory requirement for a signature. An electronic signature is […]

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Legal know-how: “subject to contract”

The phrase “subject to contract” should be used when you are negotiating what you expect may in the future become a binding contract, but not yet.  So when negotiating a letter of intent or heads of terms, it is a useful way of making it clear that, although the key terms of the transaction are […]

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Best and reasonable endeavours

If you are involved in negotiating commercial agreements, you are likely to have come across situations where either you or the other side is unwilling to agree to an absolute obligation (eg “the Distributor shall achieve sales of the Software of at least £1 million in the first 12 months….”), but agrees to use its […]

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