Updates

Election ’24: Data protection and political campaigning (part one)

Communicating with individuals and processing personal data are an essential part of any political campaign. But it is important to ensure that this is done in a lawful, proportionate and transparent way. What are the rules? Broadly, there are two key regimes that organisations need to consider when handling personal data as part of their …
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DMCC Bill update: call for written evidence

Parliament has issued a ‘call for evidence’ from anyone with “relevant expertise and experience or a special interest” in areas covered by the DMCC Bill. If you want your point of view to be heard, you need to send your submission to the Committee as soon as possible.
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Public Law: political set-pieces, the pandemic and technological revolution

To “live in interesting times”.  For some a curse.  For others an ambition: but whichever camp you’re in, there’s no doubt we do find ourselves in interesting times – right now – in the field of Public Law.  Public law: the law as it applies to public bodies – e.g. central and local government, the …
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Patagonia: rethinking corporate governance through steward-ownership

In late 2022, global outdoor clothing and equipment business Patagonia made major changes to its corporate structure, highlighting the creative options available to founders wishing to embed purpose into the fabric of their organisation. In this update, Bates Wells explores some of the key learnings from Patagonia’s example, and how the ‘steward-ownership’ approach can help …
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An Essential Guide to IR35: What does your organisation need to know?

First introduced in 2000, the IR35 regime aims to minimise the avoidance of tax and National Insurance Contributions (NICs) where an individual contractor is engaged by a client via the contractor’s own intermediary such as a personal service company (PSC). Historically, the rules provided that the responsibility for assessing tax status and, where appropriate, deducting …
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The DMCC Bill: a major upgrade to competition and consumer law?

Following a protracted build-up, the Digital Markets, Competition and Consumer Bill (the Bill) is working its way through parliament. One of the most significant developments in competition and consumer law in over a decade, it heralds a new legislative era empowering the Competition and Markets Authority (CMA) to act against businesses who abuse their strategic …
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Election ’24: Publishing advocacy materials or political statements

Here are some key issues to look out for when publishing advocacy materials or political statements ahead of a general election (many of these issues will apply regardless of whether there is an election coming, but of course public activity may be more likely to be scrutinised in the sensitive pre-election period): Election law Spending …
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Election ’24: Charities and campaigning ahead of a general election

In spite of myths to the contrary, the vast majority of charities can campaign and engage in policy advocacy in the run up to elections, making the most of the opportunity that a pre-election period presents for furthering a charity’s purposes through policy and political work. Provided that your governing document does not expressly restrict …
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Does government ‘do’ God?  The Bloom Review

Four years in the making, stretching to 159 pages, and considering over 21,000 responses from the public, the Bloom Review was published on 26 April 2023 by Colin Bloom, Independent Faith Engagement Advisor.  It is the first of its kind, a far-reaching and independent review into how government engages with faith in a broad range …
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Election ’24: How election law might affect your organisation

For many organisations, general elections are a chance to push forward their agenda and build relationships with potential future MPs, ministers and parties of government. This includes charities and campaigning organisations seeking to promote their issue base and acquire pledges of support from candidates; businesses and trade associations seeking to influence commercial policy; and ‘pop-up’ …
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The New UK Data Protection Bill – A Practical Summary

The UK recently introduced a new data protection bill, titled the Data Protection and Digital Information (No.2) Bill (the Bill). The Bill is still at an early stage (second reading), and it remains to be seen how it will be amended, if at all, but we wanted to take the opportunity to give you an …
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UKVI refuses to commit to closing loophole for transgender individuals in right-to-work checks guidance

Employers are required to carry out right to work checks for any new employee or for an existing employee on a time bound visa. UKVI’s current guidance is clear on how right to work checks are to be carried out – but the guidance currently does not address how transgender individuals can adequately address discrepancies …
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