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In this issue: Commercial Competition and state aid Corporate Free movement, immigration and employment Financial services Energy Environment Insurance and reinsurance IP Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers Commercial EU Digital Fairness Act set for early 2026, with consumer protection in focus MLex reports that, in 2026, the European Commission plans to propose the EU Digital Fairness Act (DFA), an initiative aimed at reinforcing consumer protections in the online environment. Informed by the latest Digital Fitness Check, the DFA is slated to target dark patterns, addictive design, influencer marketing, unfair practices and, potentially, online subscriptions. After wide-ranging evidence-gathering throughout 2025, MLex understands the remit could also broaden to cover dynamic pricing, with an initial draft not expected before early 2026. See News Analysis: EU Digital Fairness Act set for early 2026, with consumer protection in focus...
What is an intrusive site investigation? An intrusive (phase 2) site investigation involves geotechnical and geo-environmental specialists collecting detailed and reliable information on a site’s physical and chemical ground conditions. These findings are then applied to: the design of earthworks and foundations, and determining whether contamination is present The UK follows a risk-based framework for the identification, assessment and management of contaminated land, based on the idea of a contaminant linkage (once called a pollutant linkage), ie contaminant-pathway-receptor. For further information, see Practice Note: Contaminated land—risk assessment. Site characterisation is generally carried out in a clear staged manner: screening phase: an initial investigation consisting of a desk study phase 1: a site walkover and qualitative risk assessment phase 2: intrusive site investigations involving the analysis of soil, groundwater and/or gas samples and a quantitative risk assessment For further information on desktop studies and phase 1 assessments, see Practice Note: Environmental investigations—types of searches...
Although application materials and interviews can indicate a candidate’s fit for a vacancy, further checks or vetting are still required to confirm their overall suitability. You must confirm the individual’s permission to work in the UK (see section: Establishing the right to work in the UK). These steps complement the assurance gained from your initial application and interview assessments. In addition, you may need to: request references from their current and previous employers—see section: References where appropriate, seek a Criminal Record Certificate or Enhanced Criminal Record Certificate from the Disclosure and Barring Service (DBS)—see section: Criminal records—asking questions and DBS checks obtain a pre-employment medical report on the candidate—see section: Health questions establish that a regulated candidate holds the qualifications claimed and review their disciplinary history—see section: Qualifications and regulatory record checks carry out pre-employment due diligence or screening—particularly for senior management and other ‘high-risk’ roles—in relation to matters such as money laundering, financial sanctions, bribery, facilitation of tax evasion, corporate criminal liability,...
STOP PRESS The Data (Use and Access) Act 2025 (Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82, activate the outstanding sections of the Data (Use and Access) Act 2025 (DUAA 2025). Measures on subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement apply from 5 February 2026, with the rules on penalty notices and complaints commencing on 19 June 2026. For further detail, see Practice Note: Data (Use and Access) Act 2025-employment implications. This Practice Note will be updated shortly to reflect these changes. This Practice Note examines the legal and practical challenges for employers when addressing alcohol and drug use in the workplace. Legal framework The Health and Safety at Work etc Act 1974 (HSWA 1974) imposes a general duty on all employers to protect the health, safety and welfare of their staff. If an employer knowingly permits an employee under the influence of alcohol or drugs to continue working, placing that person or others at risk, the...
Complete this attendance note when handling an initial enquiry or taking first instructions on providing unbundled legal services. If you agree in principle to offer an unbundled service, then please use the form Unbundled legal services—attendance note for the substantive service to record the client’s substantive instructions and the service given. If you receive the initial enquiry and deliver the substantive advice or service at the same time, use Unbundled legal services—attendance note (combined preliminary instructions and substantive service)...
Use this attendance note when the client’s first enquiry/instructions arrive and you provide the unbundled service at the same time. Otherwise, prepare an initial instructions attendance note, then a distinct attendance note covering the substantive service. A: Client details Client’s name [ Insert client name ] Client reference number [ Insert client number ] Matter number [ Insert matter number ] Work details [ Insert work description ] Fee earner [ Insert fee earner name ] Supervisor [ Insert supervisor name ] Date [ Insert date ] B: Screening questions Concise overview of the client’s matter [ Insert description of client’s matter ] What would the client like you to do?...