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Perspective - Blog

Code of Conduct for Leasing of Retail Premises to take effect from 1 February 2024

Published on 11 Dec 2023. By Bonnie Wong, Of Counsel

Following from the passing of the Lease Agreements for Retail Premises Bill which mandates compliance with the Code of Conduct for Leasing of Retail Premises in Singapore ("Code") for qualifying leases of retail premises earlier this year, the Lease Agreements for Retail Premises Act ("Act') is expected to take effect from 1 February 2024.

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Perspective - Snapshot

Platforms with Irish HQs win EU case to follow Irish law

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

Do platforms have additional regulatory obligations in EU states, even if they don’t have a registered office there?

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Perspective - Snapshot

Ofcom issues draft guidance and launches consultation on the Online Safety Act 2023

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

What can platforms expect from Ofcom, as it steps into its new role regulating compliance with the Online Safety Act 2023 (the Act)?

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Perspective - Snapshot

European consumer group files greenwashing complaint over water bottle recyclability

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

Will a consumer group complaint about recyclability and the use of green imagery on water bottle packaging be successful in proving a breach of EU regulations against greenwashing? And what will this mean for wider industry using recyclable or recycled packaging?

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Perspective - Snapshot

Last chance saloon: EU consumers only have one opportunity to withdraw from auto-renewing subscription contracts

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

When do EU consumers have a right to withdraw from subscription contracts? And how will this differ to the UK’s approach under the new Digital Markets, Competition and Consumers Bill (DMCC)?

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Perspective - Snapshot

New Development: European Parliament adopts draft report to address the addictiveness of digital platforms

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

Earlier this year, the European Parliament published a draft report (the Report) on the addictive design of online services and consumer protection.

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Perspective - Blog

What if the CEO asks me about… preparing for new sustainability reporting requirements?

Published on 07 Dec 2023. By Connor Cahalane, Partner, Head of Public Companies and Sophie Tuson, Senior Associate

There is an increasingly complex web of sustainability reporting requirements for companies across the world (either in force or in the pipeline). The ISSB standards seek to set a global baseline for sustainability reporting to ensure consistency and comparability of companies' disclosures. With UK implementation of the standards expected next year, retailers and consumer brands should take steps now to prepare. We outline the current plans for sustainability reporting under the ISSB standards in the UK and flag practical steps that businesses should take to prepare.

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Perspective - Publication

Arresting times: Significant changes to UK corporate criminal liability and corporate transparency

Published on 04 Dec 2023. By Karen Hendy, Partner, Head of Corporate and Sam Tate, Partner

The Economic Crime and Corporate Transparency Bill (the Bill) is set to overhaul the existing corporate criminal liability and corporate transparency regimes.

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Perspective - Publication

The EU Digital Markets Act: a levelling of the playing field?

Published on 15 Nov 2023. By Eleanor Harley , Senior Associate

The Digital Markets Act (the DMA) forms part of the EU’s Digital Services Act package, placing new obligations on “gatekeeper” platforms who offer core platform services to business and end-users established or located in the EU, irrespective of the gatekeepers’ place of establishment, residence, or any national laws applicable to their service.

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Perspective - Publication

Drip pricing, fake reviews and other digital dark arts

Published on 30 Oct 2023. By Amy Blackburn, Senior Associate and Helen Yost, Senior Associate and Jon Bartley, Partner

The Digital Markets, Competition and Consumers Bill (the Bill) is currently at Report Stage in its journey through Parliament. When it comes into force, we will see a significant enhancement of the UK’s consumer protection regime – with a particular focus on maximising transparency to consumers, to help them find better deals and avoid being ripped off.

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Perspective - Publication

"Recommended for you" - Data risks in AI-powered customer solutions

Published on 25 Oct 2023. By Amy Blackburn, Senior Associate and Helen Yost, Senior Associate and Jon Bartley, Partner

Retailers and consumer brands are increasingly using AI online and in stores. Examples of how the technology could be leveraged include generative AI like ChatGPT, the automation of supply chains or the detection of fraud. Data regulators in the UK and EU are starting to catch up to the use of these technologies and making their positions known.

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Perspective - Snapshot

UK Government u-turns on phasing out “CE” product safety marking

Published on 25 Oct 2023. By Oliver Bray, Senior Partner

What product safety marks can be used on products in the UK?

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Perspective - Snapshot

The Retained EU Law (Revocation and Reform) Act 2023 – a happy new year?

Published on 25 Oct 2023. By Oliver Bray, Senior Partner

How will the Retained EU Law (Revocation and Reform) Act 2023 (the Act) impact UK businesses?

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Perspective - Snapshot

Government consults on improving price transparency and product information for consumers

Published on 25 Oct 2023. By Oliver Bray, Senior Partner

What does the UK Government’s consultation on Improving Price Transparency and Product Information for Consumers (the Consultation) signal about online choice architecture, and what businesses should be doing now to avoid the risk of fines next year?

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Perspective - Snapshot

European Parliament publishes draft report on the addictive design of online services

Published on 24 Oct 2023. By Oliver Bray, Senior Partner

How is the European Parliament looking to combat the exploitation of psychological vulnerabilities through the addictive design of online services?

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Perspective - Publication

Navigating social washing risk – a roadmap

Published on 23 Oct 2023. By Kelly Thomson, Partner, ESG strategy lead

Retailers and consumer brands are increasingly aware of the significant risks associated with “greenwashing”. Those wanting to play in the green space must be able to back up their eco-friendly claims or face the wrath of regulators and consumers. But how many have got to grips with the equivalent business risks of being accused of “social washing”? I suspect significantly fewer. Social washing is the practice of trading off perceived or advertised social credentials which are not reflected in the way the business operates. It’s about putting a black square or #BLM on your social media whilst having no people of colour in any leadership roles. It’s about selling rainbow flag adorned Pride merchandise but letting your trans employees be bullied. Like greenwashing, social washing is about profiting from what you say or project, without backing it up with what you do when no one is watching (or buying). Businesses fail to appreciate this disconnect at their peril, as illustrated beautifully by the Gender Pay Gap bot, set up with this simple mission: “If you tweet about #IWD2023 [International Women’s Day 2023], I’ll retweet your gender pay gap”. In other words, if you tell me yours, I’ll show you yours and you won’t like it.

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Perspective - Blog

Timely reminder of risks in cloud contracts

Published on 19 Oct 2023.

Over the last decade, cloud solutions have become popular tools to facilitate the digital transformation of businesses, and the retail sector is no exception in its uptake of cloud services.

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Perspective - Publication

Retail Compass Autumn 2023

Published on 17 Oct 2023. By Jeremy Drew, Partner and Karen Hendy, Partner and Ciara Cullen, Partner

Welcome to our Autumn edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.

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Press and Media

What 7 challenges can retailers expect in 2024?

Published on 17 Oct 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 what lies ahead for the retail and consumer sector

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Perspective - Blog

Is TikTok the key to the bricks-and-mortar retail revival?

Published on 21 Sep 2023. By Ela Broderick-Basar, Associate

Against the backdrop of sustainably-minded shoppers and cost-conscious consumerism, one of the key focuses for the retail sector in 2023 was (and still remains) the 'revival' of the UK high street.

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Perspective - Blog

What is driving the fashion retail insolvencies spike?

Published on 23 Aug 2023. By Finella Fogarty, Partner, Head of Restructuring & Insolvency

What is driving the fashion retail insolvencies spike?

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Perspective - Blog

THE RISE OF THE DE-INFLUENCER: What does this mean for brands?

Published on 25 Jul 2023. By Ela Broderick-Basar, Associate

Over the past decade, advertisers have increasingly capitalised on the 'influence' of influencers to help shape and create consumer demand for their products and services. In turn, influencers are able to monetise their social media content and connections with brands, creating a symbiotic relationship between the two.

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Perspective - Publication

Lifting the Lid on Retail Diversity and Inclusion: Tackling the Challenges

Published on 18 Jul 2023.

On 4 July 2023, RPC partnered with the British Retail Consortium (BRC) to host the conference 'Lifting the Lid on Retail Diversity and Inclusion: Tackling the Challenges'.

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Perspective - Snapshot

European Commission proposes new rules on repairing defective goods

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

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

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Perspective - Snapshot

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?

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Perspective - Snapshot

EU proposal for all distance contracts to include a withdrawal button

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

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

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Perspective - Snapshot

New development – Product Security and Telecommunications Infrastructure Bill

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

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

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Perspective - Snapshot

New ICO guidance on direct marketing and regulatory communications

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

When is a regulatory communication (ie a message sent in compliance with a regulator’s request) likely to be considered direct marketing?

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Perspective - Snapshot

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?

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Perspective - Snapshot

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?

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Perspective - Snapshot

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?

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Press and Media

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.

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Perspective - Publication

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.

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Perspective - Publication

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.

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Perspective - Publication

What if the CEO asks me about… the future of hybrid working in retail?

Published on 30 May 2023. By Ellie Gelder, Senior Editor Employment & Equality and Joanna Holford, Senior Associate and Kelly Thomson, Partner, ESG strategy lead

The pandemic brought flexible working to the forefront of how we work, with most employers adopting some form of hybrid working.

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Perspective - Publication

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.

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Perspective - Publication

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.

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Perspective - Blog

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.

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Perspective - Publication

Going Green – staying on the right side of competition law

Published on 15 May 2023. By Melanie Musgrave, Of Counsel and Leonia Chesterfield, Of Counsel

Environmental issues are high on the agenda for many consumers and businesses alike. They are also increasingly an area of focus for competition authorities around the world, including the Competition and Markets Authority (CMA), who are keen to ensure that competition law concerns do not unnecessarily prevent businesses from collaborating legitimately on environmental sustainability initiatives.

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Perspective - Blog

Luxury today - go green or go home?

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

"Sustainability" is the new buzzword in marketing.

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Perspective - Publication

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.

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Perspective - Blog

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.

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Press and Media

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.

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Perspective - Publication

Retail Compass Spring 2023

Published on 27 Apr 2023. By Jeremy Drew, Partner and Karen Hendy, Partner

Welcome to our Spring edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.

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Perspective - Blog

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.

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Perspective - Publication

What if the CEO asks me about... using Artificial Intelligence in our Retail stores?

Published on 28 Mar 2023. By Paul Joukador, Partner

The term "artificial intelligence" (AI) describes a range of technologies that enable machines to perform tasks that typically require human intelligence, such as the ability to comprehend, act and learn.

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Perspective - Blog

Total Recall – modernising recall notices for 2023

Published on 10 Mar 2023. By Mamata Dutta, Partner and Andrew Martin, Associate

Historically, consumers purchased products on the high street from particular retailers or from specific consumer brands' shops. Repeat visitors in store were commonplace. However, consumers now have a swathe of buying routes available to them – whether to purchase goods in-store, through a large range of retailers or online. Whilst hugely beneficial in some respects, this can present challenges for retailers in the event of needing to initiate a product recall. How do you track down the relevant consumers in such circumstances, and to what lengths are retailers and consumer brands expected to go?

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Perspective - Publication

What if the CEO asks me about… electric vehicle charging points?

Published on 08 Mar 2023. By Elizabeth Alibhai, Partner and Lola Akinloye, Associate

The adoption of electric vehicles (EVs) on our roads is growing, and with that comes an increased demand for EV charging points. However, the uneven distribution of EV charging points across the country is now presenting an opportunity for retailers in the fight for customers.

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Perspective - Blog

Snapshot on key 'green claims' developments

Published on 17 Feb 2023. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate

As consumers increasingly demand more sustainable products, businesses are innovating to reduce their environmental impact. This has driven an increase in the use of 'green' marketing claims and, with it, increased scrutiny by consumer regulators seeking to protect consumers from the risk of 'greenwashing'. Significant developments are ongoing in this area, both in the UK and the EU.

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Perspective - Blog

Protests on the rise – are you covered?

Published on 30 Jan 2023. By Edward Colville, Partner and Peter Mansfield, Partner and Sally Lord, Knowledge Lawyer

With public focus on political issues running high, the possibility of protests interrupting your business should be on every retailer and consumer brand's risk management agenda.

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