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The Digital Markets, Competition and Consumers Bill and its impact on digital markets

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What impact will the Digital Markets, Competition and Consumers Bill (DMCC), and the new Digital Markets Unit of the Competition and Markets Authority (DMU), have on the regulation of UK digital markets?

The UK’s Digital Markets, Competition and Consumers Bill – a first look at the new regime

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are they key legislative developments proposed by the first draft of the new UK Digital Markets, Competition and Consumers Bill?

2023 Gambling Act White Paper: The new age of gambling regulation

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How will the EU’s proposed withdrawal button impact businesses?

Insolvencies of retail businesses jump 56% in past year to hit decade high

Published on 03 Jul 2023. By Finella Fogarty, Partner, Head of Restructuring & Insolvency

The number of retail business insolvencies jumped 56% in the past year, to hit the highest levels in at least a decade - 1,942 in 2022/23, up from 1,243 in 2021/22 shows new research from international law firm RPC.

A shifting landscape? The outlook for data regulation in 2023

Published on 09 Jun 2023. By Jon Bartley, Partner and Amy Blackburn, Senior Associate

With a relatively new Information Commissioner in the UK and a renewed focus on getting post-Brexit data protection laws through Parliament, attention is turning to the ICO’s priorities and how they fit into this new landscape.

Transitioning to a net zero economy

Published on 31 May 2023. By Rosamund Akayan, Knowledge Lawyer and Connor Cahalane, Partner, Head of Public Companies

The TPT has published a draft disclosure framework and implementation guidance for private sector entities to transition to a net zero economy, making recommendations for companies and financial institutions to develop gold-standard transition plans.

CSRD: shakeup of the EU's sustainability reporting rules

Published on 25 May 2023. By Sophie Tuson, Senior Associate and Sarah Mountain, Partner and Connor Cahalane, Partner, Head of Public Companies

The EU’s new Corporate Sustainability Reporting Directive (CSRD) entered into force on 5 January 2023.

Deposit Return Scheme: Key considerations for drinks  producers and retailers in the UK

Published on 16 May 2023. By Jeremy Drew, Partner, Head of Commercial

Defra has now responded to its consultation on the introduction of a DRS in England, Wales and NI. The DRS will require retailers to charge a small fee on certain drinks containers sold, which consumers can reclaim if they return the container to a designated return point.

EU set to tackle greenwashing with Green Claims Directive

Published on 15 May 2023. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate

On the 22 March 2023, the European Commission published its proposal for a new 'Green Claims Directive' setting out standardised rules for the assessment, substantiation and communication of green claims.

Luxury today - go green or go home?

Published on 09 May 2023. By Chloe Shum, Trainee Solicitor

"Sustainability" is the new buzzword in marketing.

New REUL? How will the Retained EU Law (Revocation and Reform) affect UK businesses?

Published on 09 May 2023. By Paul Joukador, Partner and Patrick Brodie, Partner

When the Brexit transition period ended, so did the alignment of EU law with UK domestic law.

A bolstering of the consumer protection regime and some sharper teeth for the CMA – a first look at the new UK Digital Markets, Competition and Consumers Bill

Published on 03 May 2023. By Ciara Cullen, Partner and Hettie Homewood , Senior Associate

It's been a little over a year in the making, and it's been one of the most hotly anticipated legislative updates since it was first announced in April 2022, but the first draft of the UK's catchily titled Digital Markets, Competition and Consumers Bill, is finally here.

What are the 8 key legal changes ahead for retailers in 2023?

Published on 27 Apr 2023. By Kimberley Nanson, Senior PR & External Communications Manager and Jeremy Drew, Partner and Jeremy Drew, Partner, Head of Commercial and Karen Hendy, Partner and Karen Hendy, Partner, Head of Corporate and Ciara Cullen, Partner

RPC's Retail Compass explores impact of regulatory reforms, rising ESG concerns and fast-evolving AI technology in difficult economic conditions.

Going Green - Draft Sustainability Guidance from the CMA

Published on 03 Apr 2023. By Ciara Cullen, Partner and Melanie Musgrave, Of Counsel and Sophie Tuson, Senior Associate

Following its public consultation, the CMA has published its advice to government on how competition and consumer laws can help meet the UK's environmental goals.

Casting your net zero ambitions: eight key steps for retailers

Published on 24 Nov 2022. By Patrick Brodie, Partner and Kelly Thomson, Partner, ESG strategy lead and Ellie Gelder, Senior Editor Employment & Equality

With climate change at the forefront of the ESG agenda, the employment relationship, and the opportunities to engage with the workforce on this subject, are crucial ingredients in the quest to becoming a truly green retailer.

UK set to reform consumer protection legislation and its competitive regime

Published on 10 Nov 2022. By Melanie Musgrave, Of Counsel and Joe Lippitt, Partner and Hettie Homewood , Senior Associate

The UK is set to introduce a wide array of changes to its consumer protection legislation and competition regime. The focus of the changes revolves around giving greater protection to consumers over subscription traps, tackling fake reviews and improving enforcement. The latter is likely to bring in GDPR/competition law-level fines for breaches of consumer protection legislation or non-compliance with the CMA's investigations or remedies, with maximum fines of up to 10% of global annual turnover.

Where to next for Buy Now Pay Later?

Published on 12 Oct 2022.

On Monday 20 June 2022, HM Treasury responded to its consultation on proposals to extend regulation to unregulated Buy Now Pay Later (BNPL) products. This consultation closed in January 2022. The Treasury's response confirmed the scope of regulation will cover BNPL products and short-term interest free credit (STIFC) provided by third-party lenders.

Extended producer responsibility for packaging: How to prepare

Published on 12 Oct 2022.

In the Spring 2022 edition of Retail Compass, we reported on the Government's consultation on regulations covering extended producer responsibility (EPR) which places the financial burden of dealing with packaging once it becomes waste on producers as opposed to taxpayers.

It's a supermarket sweep as HFSS products face sweeping promotion and placement restrictions

Published on 12 Oct 2022.

In an attempt to tackle obesity in the UK, in particular childhood obesity, a swathe of restrictions on the placement and promotion of HFSS products in-store and online will be introduced in phases from October 2022 to January 2024.

Online Sales Tax: the right way forward?

Published on 12 Oct 2022.

On 25 February 2022, HM Treasury launched a consultation exploring the possible introduction of an online sales tax (OST) to address the imbalance resulting from the higher business rates applying to in store retailers, compared to online businesses. The consultation closed on 20 May 2022.

Greenwashing: UK regulators set their sights on misleading green claims with an increasing focus on sectors such as fashion retail and F&D

Published on 12 Oct 2022.

UK consumer regulators, the Competition and Markets Authority (CMA) and Advertising Standards Authority (ASA), are ramping up their enforcement of green claims to protect consumers from 'greenwashing'

UK retail sector M&A deals increase to 34 – up 21% on last year

Published on 05 Sep 2022. By Karen Hendy, Partner, Head of Corporate

• M&A targeting fashion retailers particularly active

Retail Compass Summer edition 2020

Published on 28 Jul 2020. By Jeremy Drew, Partner and Karen Hendy, Partner

Welcome to the Summer 2020 edition of Retail Compass – our guide to key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues.

The ASA bites back – Burger King 'Rebel Whopper' ads ruled to be misleading and in breach of advertising rules

Published on 07 May 2020. By Ben Mark, Partner

At the start of the year, Veganuary hit the headlines, with the British public challenged to ditch animal by-products in favour of a plant-based diet for the month of January.

Wilko becomes 'yet another casualty' of tough economic conditions facing UK retailers

Published on 10 Aug 2023. By Finella Fogarty, Partner, Head of Restructuring & Insolvency

'Perfect storm' of rising interest rates, increased energy bills, supply chain issues and squeezed customer spending is hitting retailers hard

Is the FCA to blame for BSPS? MPs seem to think so

Published on 22 Jul 2022. By Rachael Healey, Partner

The House of Commons Public Accounts Committee (PAC) yesterday published a report entitled "Investigation into the British Steel Pension Scheme". The report makes a number of recommendations in light of its investigations in to the FCA's conduct and regulatory oversight at the time of the issues arising from the British Steel Pension Scheme (BSPS) and in particular the decision by 7,834 members to transfer to a personal pension arrangement. The report is heavily critical of the FCA's handling of BSPS and its regulatory oversight of the defined benefit transfer market generally. Given the request in the report for an update from the FCA on its progress on the various recommendations and conclusions in 6 months' time, we wait to see how the FCA reacts to yet further criticism of its handling of BSPS at a time when it is reviewing responses to the consumer redress scheme consultation.

SIPPs and FOS - does the Rowanmoor decision change anything?

Published on 02 Feb 2022. By Rachael Healey, Partner

Last week FOS published a decision it reached last year in a complaint against a SIPP provider involving advised sales. The FOS upheld the complaint, finding that the SIPP provider should have rejected business from the regulated financial adviser, CIB Life and Pensions Limited (CIB), given, broadly, red flags available to the SIPP provider with respect to the operation of CIB's business model including that CIB was not advising on the ultimate investment within the SIPP and as a result such introductions involved a significant risk of consumer detriment. The decision has received quite a bit of press attention - but has it moved the dial for SIPP complaints before FOS or not?

The Future of Insolvency Regulation

Published on 04 Jan 2022. By Rachael Healey, Partner

On 21 December 2021 the Government launched a consultation into the future of insolvency regulation. The changes proposed in the consultation document will have a wide ranging impact on the insolvency profession (and its insurers) with the proposals including: the direct regulation of insolvency firms, the introduction of a single regulatory body with powers to order compensation against insolvency practitioners and firms, a new additional requirements regime, changes to the bond regime and a public register of insolvency practitioners and firms. Many of the changes proposed require primary legislation and so it may be some time before the changes to take effect (if adopted). But there does appear to be some wind behind these proposals given they follow on from the Call for Evidence in 2019 and a more general focus on insolvency issues in the wake of the Covid-19 pandemic.

What 6 key challenges will insurers face in 2024?

Published on 11 Jan 2024. By Simon Laird, Global Head of Insurance

Climate change, Artificial Intelligence and ESG top this year's predictions in latest edition of Annual insurance review from international law firm RPC

Procedure damages & costs

Published on 11 Jan 2024.

In this chapter of our Annual Insurance Review 2024, we look at the main developments in 2023 and expected issues in 2024 for Procedure damages & costs.

Product liability

Published on 11 Jan 2024.

In this chapter of our Annual Insurance Review 2024, we look at the main developments in 2023 and expected issues in 2024 for Product liability.

Annual Insurance Review 2023

Published on 12 Jan 2023. By Simon Laird, Global Head of Insurance

Hello and welcome to RPC's Annual Insurance Review – a look back at the events that shaped the insurance market in 2022 and a look forward towards what to expect in 2023.

What are the 8 key concerns insurers will face in 2023?

Published on 12 Jan 2023. By Simon Laird, Global Head of Insurance

Annual Insurance Review from international law firm RPC identifies ESG risks, climate change and cyber-attacks as top challenges.

FIG – The inclusive insurance network

Rise with RPC

As EU's new sustainability directive is agreed, UK companies warned 'not to rest on their laurels'

Published on 15 Dec 2023. By Sophie Tuson, Senior Associate

Following the news that agreement has been reached on the EU's new Corporate Sustainability Due Diligence Directive, Environment and Climate Change Practice Lead Sophie Tuson, a Senior Associate who specialises in climate and environmental sustainability at international law firm RPC

Cybersecurity breaches at financial services firms more than trebles

Published on 25 Sep 2023. By Richard Breavington, Partner

Cybersecurity breaches reported by financial service providers rose from 187 in 2021/22 to 640 in 2022/23 UK pension schemes report the biggest increase, 4,000%, in data breach reports to the ICO

New virtual insurer for Hong Kong

Published on 29 Apr 2020. By Andrew Carpenter, Partner

This month saw the award of a further virtual insurer licence in Hong Kong – this time for OneDegree (on 15 April 2020). The start-up will focus, initially, on the burgeoning Hong Kong pet insurance market, before a proposed expansion into health and cyber risk.

ICO fines online travel insurer £175,000 for failing to keep customers’ personal information secure

Published on 03 Mar 2015. By Oliver Bray, Senior Partner

The Information Commissioners Office (the “ICO”) has fined Staysure.co.uk Limited (“Staysure”), an online travel insurance company, £175,000 for its failure to comply with the seventh data protection principle, after IT security failings allowed hackers to access up to 100,000 customer financial records.

Adams v Carey – where does the Court of Appeal's decision leave the SIPP market?

Published on 01 Apr 2021. By Rachael Healey, Partner and Ash Daniells, Senior Associate

The Court of Appeal has today dismissed Mr Adams' appeal against Carey in respect of COBS 2.1.1R. However, the appeal in relation to s.27 FSMA has been upheld. We discuss the background to the proceedings, the Court of Appeal decision and where it takes the SIPP (and wider financial services) market.

Pushing back on APP scams

Published on 18 Jul 2019. By Ian Dinning, Senior Associate

An Authorised Push Payment (APP) is where a payer instructs their payment service provider, such as their bank, to send money from their account to another. These payments are usually made through the Faster Payment Service or CHAPS.

Annual insurance review 2024

Published on 11 Jan 2024. By Simon Laird, Global Head of Insurance and Robert Morris, Partner and Toby Higginson, Partner and Co-head of Clients and Markets (Insurance)

Hello and welcome to RPC's Annual insurance review – a look back at the events that shaped the insurance market in 2023 and a look forward towards what to expect in 2024.

Annual Insurance Review 2020

Published on 08 Jan 2020. By Simon Laird, Global Head of Insurance and Robert Morris, Partner

Hello and welcome to the 2020 edition of RPC’s annual insurance review. Here you will find updates from our experts across a whole range of business classes as well as from around the world. In the articles that follow you will be able to read our take on key issues that have impacted your market in the year gone – and our thoughts on the issues likely to affect you in the year to come.

Annual Insurance Review 2019

Published on 21 Jan 2019. By Simon Laird, Global Head of Insurance and Robert Morris, Partner

Welcome to RPC’s Annual Insurance Review

Annual Insurance Review 2017

Published on 09 Jan 2017. By Simon Laird, Global Head of Insurance

Last year we identified the standout insurance law event of 2015 as the impending introduction of the Insurance Act 2015. Little did we anticipate the tumultuous events of 2016 that would shake up the global economic markets as a whole.

Compulsory mediation in small claims: a quick guide for the busy lawyer

Published on 28 Jun 2024. By Kirstie Pike, Partner

A new pilot scheme requiring parties in money claims valued at up to £10,000 to take part in a compulsory free one-hour mediation appointment, provided by HMCTS' Small Claims Mediation Service – before the claim can then proceed to Court if no settlement is reached.

Navigating the digital shift: balancing efficiency and customer care in insurance brokerage

Published on 23 May 2024. By Kirstie Pike, Partner

Workflow and process efficiency is something that insurance brokers report as one of their main challenges year on year. As technology accelerates faster than ever before, using data and technology is critical to providing exceptional customer service and improving productivity, but what are the risks involved in automation?

No bouncing back for directors

Published on 20 May 2024. By James Wickes, Partner and Adam Craggs, Partner and Catherine Zakarias-Welch, Knowledge Lawyer

Banned! Fraudsters! – Terms used by the Insolvency Service for directors who abused the government backed loan scheme which was put in place to help businesses struggling during the pandemic.

General Liability newsletter – May 2024

Published on 13 May 2024. By Gavin Reese, Partner, Head of Regulatory and Fiona Hahlo, Partner and Beth Lewis, Associate and Sally Lord, Knowledge Lawyer

Welcome to the latest edition of our general liability newsletter, rounding up some of the key cases from the last few months.