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Ofqual consults on long-term resilience arrangements – have your say now

If you work for an awarding body, school or college, have your say! Ofqual is jointly consulting with the Department for Education (DfE) on long-term resilience arrangements. This builds on the arrangements put in place for the 2023 exam series (which were consulted separately on). These resilience arrangements are to ensure that, in the unlikely …
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EdTech and the application of the ICO Children’s Code

In this factsheet, we briefly outline when the ICO's Children's Code applies to Edtech providers and other key data protection considerations for schools and Edtech service providers.
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The Charities Act 2022, explained: permanent endowment and restricted funds

In this blog we look at the changes to the rules affecting a charity’s permanent endowment and other restricted funds. What do you need to know? Many charities, including incorporated charities, hold funds which are subject to restrictions in relation to how they may be spent. These funds can be established in different ways, including …
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Charities Act 2022 – get ready for the second tranche of provisions due in tomorrow!

As a reminder, the Charities Act 2022 was passed last year, but the provisions did not come into force straight away, primarily to allow time for the Charity Commission to update its guidance and get ready for the new provisions. The provisions are being phased in over about 18 months and the first tranche came …
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Going beyond compliance: Responsible and ethical AI

Bates Wells convenes a regular Impact Counsels’ Forum for senior counsel working within purpose-driven businesses. A recent meeting of the forum discussed the regulatory landscape for artificial intelligence (AI), the risks of using AI in certain contexts and what approaches could help businesses deploy AI responsibly. Inspired by the forum discussion, we share our thoughts …
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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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In the news: Paul Jennings speaks on the risk of substitution clauses in contracts

A recent Sunday Times investigation found that app-based food delivery companies allow couriers to let out their profiles, but often those who use them are vulnerable, undocumented migrants who are exploited. Paul Jennings spoke with journalist Venetia Menzies about substitution clauses – the loophole which allows those working for app-based courier companies to allow someone …
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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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In the news: Chetal Patel on the rise in non-EU immigration to UK

Partner and Head of Immigration Chetal Patel was quoted in People Management, Personnel Today and I News last week for sharing her insight on what the rise in non-EU immigration to UK means for the economy and businesses. Figures released last week by the Office for National Statistics have revealed that net migration to the …
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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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