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Businesses involved in cartel conduct may come forward as whistleblowers to secure reduced penalties. This means co-operating with the Competition and Markets Authority (CMA), supplying information on the cartel and those taking part, and setting out full details of the business’s own role in the arrangement...
On Wednesday 2 April 2025, Trump slapped a 34% levy on every import from China, branding it among the 'worst trade offenders' together with 24 other economies, such as the EU, Vietnam, Cambodia and Turkey. Having returned to office in January, Trump had already rolled out two separate 10% duties on all Chinese imports. As a result, Chinese products entering the US will, from 9 April 2025, face combined tariffs of at least 54%. Following the first two US moves, China hit back with 10–15% duties aimed at selected American imports. This time, though, its 34% countermeasure is applied uniformly to all US goods without exception...
In this issue: New technologies Internet Data protection Media Advertising, marketing and sponsorship Reputation management Telecommunications LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies DSIT releases report and impact assessment on copyright and artificial intelligence DSIT, the Department for Culture, Media and Sport (DCMS) and the Intellectual Property Office have jointly issued a report and an impact assessment exploring the use of works protected by copyright in the training and development of AI systems. These have been published pursuant to sections 135 and 136 of the Data (Use and Access) Act 2025. See: LNB News 18/03/2026 44. EDPS unveils Compass on supervision and enforcement under the EU AI Act The European Data Protection Supervisor (EDPS) has released its Compass setting out its expanded role under the EU AI Act as a market surveillance authority...
Long-trailed changes appended to the Crime and Policing Bill 2025, laid before Parliament by Home Secretary Yvette Cooper on 25 February 2025, aim to broaden corporate criminal liability and fortify investigations to recoup the assets of fraudsters. The draft law would likewise curb the financial risks borne by enforcers in litigation. Here, Law360 flags three aspects of the government’s new Bill you may have overlooked. Corporate criminal liability widens The centrepiece for white-collar specialists is a plan to extend the spectrum of offences for which a corporate body can face criminal liability when they are committed by senior managers. After years of prosecutorial frustration, the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) overhauled the legal test, allowing authorities such as the Serious Fraud Office (SFO) to hold companies liable for economic offences carried out by their senior managers. These fresh measures would go further. The Bill would reshape the legal test, known as the identification doctrine, so it embraces all kinds of crime in principle and...
Executors General An executor is an individual chosen by the testator, usually in a Will or codicil, to: administer their assets, and give effect to the terms of the Will The office of executor arises from the testator’s Will or other testamentary instrument. A grant of probate confirms the executor’s authority. In practice, an executor can normally demonstrate entitlement only by securing probate, which banks and other bodies often require before allowing the executor to deal with and collect in the asset. The testator’s property vests in the executor from the moment of death without any gap in time. A testator may appoint: different executors for distinct parts of the estate some persons as executors of assets overseas and others for property in the UK separate executors for real property separate executors for literary estates The High Court may grant probate or letters of administration for any portion of the deceased’s estate, limited...
A data protection impact assessment (DPIA) is exactly what it sounds like—an evaluation of how a particular project or process may affect data protection for impacted individuals. This Practice Note sets out: what a DPIA is whether DPIAs are mandatory, and if so who should carry out the assessment, and how It also covers how DPIAs relate to privacy impact assessments (PIAs) and data protection by design and default (DPbDD). Precedent: Data protection impact assessment—DPIA aligns with the UK GDPR. See also Precedent: Data protection impact assessment—DPIA—short form, based on an Information Commissioner’s Office (ICO) template. ICO guidance on DPIAs is available in two places: Data protection impact assessments and Data Protection Impact Assessments (DPIAs). What is a data protection impact assessment? A DPIA is a practical mechanism to help you: spot and reduce data protection risks in new initiatives, and uphold individuals’ reasonable expectations of privacy Typically, a DPIA is undertaken...
This Practice Note sets out the low profit margin exemption from a charge under the controlled foreign company (CFC) rules. Even where a company is a CFC for an accounting period, a CFC tax charge will arise only if both: the CFC has chargeable profits that pass through the gateway; and none of the exemptions from the CFC rules apply. There are two types of exemption: entity level exemptions — these remove the CFC from the CFC rules entirely for that accounting period and are: the low profit margin exemption, which is explained further in this Practice Note the exempt period exemption the excluded territories exemption the low profits exemption the tax exemption finance profit exemptions — these exclude some or all of the profits of certain financing activities from the CFC rules The low profit margin exemption HMRC indicates that...
This agreement is dated [ insert date ] (the Commencement Date) and is entered into between the parties set out below (each a ‘party’ and together the ‘parties’). Parties [ insert Assignor name ], a company incorporated in [ England and Wales ], registered number [ insert company number ], with its registered office at [ insert registered office ] (Assignor); and [ insert Assignee name ], a company incorporated in [ England and Wales ], registered number [ insert company number ], with its registered office at [ insert registered office ] (Assignee). Background [ The Assignor and the Assignee have entered into an agreement [ dated [ insert date ] ] for the sale of [ the [ insert name ] business and/or certain business Assets ] by the Assignor as seller to the Assignee as buyer OR [ insert other description of relevant transaction (referencing any relevant related agreements) ] ] (the Transaction). The Assignor...
This Agreement is entered into on [ date ]. Parties [ Insert name of party ] [ of [ insert address ] OR a company incorporated in [ England and Wales ] with registration number [ insert registered number ], whose registered office is at [ insert address ] ] (the Recipient); and [ Insert name of party ] [ of [ insert address ] OR a company incorporated in [ England and Wales ] with registration number [ insert registered number ], whose registered office is at [ insert address ] ] (the Discloser), Each of the Discloser and the Recipient is a party and, collectively, the Discloser and the Recipient are the parties. Background The Recipient conducts the business of [ insert details ], and the Discloser engages in the business of [ insert details ]. The Discloser intends to disclose Shared Data to the Recipient for the Purpose...
This Assignment is executed as a deed on [ date ]. Parties [ Assignor ], a company incorporated in [ England and Wales ] with company number [ insert number ], whose registered office is at [ address of Assignor ] (the Assignor); and [ Security Agent ], acting as agent and trustee for itself and each of the Secured Parties (as defined below), appointed under the terms and conditions set out in the Intercreditor Agreement (the Security Agent). Background The Assignor and the Security Agent wish for the Intellectual Property Rights to be assigned by the Assignor to the Security Agent on the terms contained in this Assignment, in accordance with the provisions of the Finance Documents (as defined herein)...
Remuneration principles Rule 18.16 of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, sets out the governing principles on remuneration. It confirms an office-holder’s entitlement to remuneration (IR 2016, SI 2016/1024, r 18.16(1)). Under IR 2016, SI 2016/1024, r 18.16(2), remuneration must be determined on one or more of the following bases: a percentage of the value of property or assets realised and/or distributed; time properly expended; or a fixed amount; or a combination of those bases. Where an office-holder proposes to take all or part of the remuneration on a basis described in IR 2016, SI 2016/1024, r 18.16(2), the office-holder must, before deciding which of those bases are to be fixed, deliver to creditors a fees’ estimate, together with details of the expenses the office-holder considers will be, or are likely to be, incurred (IR 2016, SI 2016/1024, r 18.16(4))...