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First GDPR fine from the ICO

So you might have missed it in the run up to Christmas but, on 20th December 2019, the ICO issued its first GDPR fine. Due to a number of serious breaches of the GDPR, the ICO fined a London pharmacy £275,000. This is a reduced sum from the original ICO’s intention to fine of £400,000. …
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Economic migration and salary thresholds: could an Australian-style points based system work in the UK?

The Migration Advisory Committee (“MAC”) has published its review of salary thresholds for economic migration and how an “Australian-style” Points Based System (“PBS”) could work in the UK. The MAC’s review of how salary thresholds are calculated for Tier 2 applicants was initially commissioned by Theresa May’s government in June 2019. Subsequently, in September 2019, …
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Trust Registration Service: update for charities

In June 2019 we responded to HM Treasury’s consultation on the transposition of the Fifth Money Laundering Directive and, in particular, the proposed requirement for all charitable trusts to register with the Trust Registration Service (regardless of whether or not they incur a tax liability). In our response we expressed concerns about the implications of …
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ICO publishes new draft Code on Direct Marketing

The ICO has published a draft Code of Practice on Direct Marketing. The Code is out for consultation and will replace the previous ICO guidance on Direct Marketing. The Code is a statutory code of practice and as such must be taken into account by the ICO when assessing compliance with direct marketing obligations under …
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Is there a legal strategy to tackle the biodiversity crisis?

With the rapid decline of biodiversity worldwide, Bates Wells is working with Michelle Meagher to consider how the law can be used and advanced to provide solutions. In this article, Michelle sets the scene. Nature is our refuge, our strength, our spirit, our history.  It is how we feed, clothe, heal, warm, and house ourselves.  …
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Data Privacy, International Data Transfers and Brexit: what next in 2020?

Throughout 2019 we did our best to keep up with Brexit (Would it happen? When would it happen? What form might it take?). You can read our attempts here. Since the result of the UK general election on 12 December 2019, we have a much clearer idea of how Brexit will impact on data privacy, …
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The Times: Lindsay Draffan comments on the future of EU state aid rules post-Brexit

In the aftermath of the UK government’s decision to save stricken airline Flybe, Lindsay Draffan in our Corporate & Commercial team addressed the future of state aid post-Brexit in commentary for The Times. With the Flybe case prompting claims from the airline’s competitors that the government’s measures are an unfair intervention from the state, many …
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When to disapply subordinate legislation: Melanie Carter & Alistair Williams write for Law Society Gazette

In a blog for the Law Society Gazette, Melanie Carter and Alistair Williams examine the case of RR v Secretary of State for Work and Pensions, and the court’s judgment that ‘it is not unconstitutional for a public authority to disapply a provision of subordinate legislation to avoid breaching a human right’. In summary, this …
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Fundraising Regulator publishes new guidance on fundraising content in annual reports

The Fundraising Regulator has published new guidance on fundraising content in charity annual reports after its review finds that only 40% of charities are compliant. Jess Neville has commented on the key takeaways. The Fundraising Regulator has published new guidance (Jan 2020) aimed to help charities comply with the fundraising reporting requirements set out in …
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VAT zero rating for digital newspapers

News Corp UK & Ireland Limited v. HMRC Upper Tier Tribunal decision: 24th December 2019 The question was whether digital newspapers fell within the term “newspapers”, and thus would qualify for a specific VAT zero rating granted by the legislation (Item 2 Group 3 Schedule 8 of Value Added Tax Act 1994). The appeal was …
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EU Settlement Scheme: what’s behind the statistics?

The figures for December 2019 have been released by the Home Office. The Settlement Scheme (“EUSS”) statistics make for interesting reading. The Home Office had received a total of 2,756,100 applications by the end of December 2019, an increase of 1,846,800 on the number of applications that was received by the end of June 2019. …
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Chetal Patel comments on new Home Office EU Settlement Scheme figures

Following the publication of new Home Office data on the number of applications for settled status lodged by EU nationals, Chetal Patel has told People Management that the risk of missing the registration deadline remains an issue for many EU nationals. The department’s latest statistics reveal how a significant number of EU citizens resident in …
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