Open access meaning

This checklist outlines the key requirements of Regulation (EU) 2023/2854, the EU Data Act It sets out what businesses must adhere to, including the following areas: data access and portability smart contracts prohibition on unfair contractual terms right to switch services (operability) open interoperability rules on international data transfers The EU Data Act is designed to foster business-to-business (B2B) and business-to-consumers (B2C) data sharing from Internet of Things (IoT) devices, promoting fair use of data and enabling the EU to realise the full potential of its data economy. It represents the second major legislative step under the European strategy for data, following Regulation (EU) 2022/868, the EU Data Governance Act. Where the EU Data Governance Act establishes the mechanisms and structures that allow companies, individuals and the public sector to share data, the EU Data Act determines who may generate value from data and under which conditions. The EU Data Act entered into force on...

ARCHIVED: This Practice Note is archived and is no longer maintained. The Payment Accounts Directive (Directive 2014/92/EU) (PAD) is designed to improve clarity and comparability for consumers in relation to payment accounts across the EU. Specifically, the PAD: simplifies comparison of charges levied by banks and other providers throughout the EU helps customers to switch payment accounts with ease, and gives every EU consumer the right to open a payment account enabling them to carry out essential functions such as receiving their salary and paying bills The PAD stems from the European Commission’s consultation on retail bank accounts, launched in March 2012, which evaluated the need for action in the areas of fee clarity and comparability, account switching, and access to basic payment accounts. This was preceded by a 2007 inquiry into the retail banking sector that identified these issues as obstacles to consumer choice and mobility. Subsequent attempts by Member States to address the problems independently at national level led...

Antitrust Advocate General suggests Google’s refusal to provide third party access to Android Auto platform may breach Article 102 TFEU Advocate General Laila Medina issued her opinion in Case C- 233/23 Alphabet and Others, a national reference from Italy that seeks guidance and clarification on whether Google’s stance of denying third-party access to Android Auto (a mobile app for Android devices) infringes Article 102 TFEU. For context, Google is the developer of Android OS, an open-source operating system for Android mobile devices. In 2015, Google rolled out Android Auto, an app for mobile devices with an Android operating system that allows motorists to use certain smartphone apps via a car’s integrated display. Independent developers are able to produce iterations of their own apps that work with Android Auto by applying templates supplied by Google. Enel X (part of the Enel Group) delivers electric car charging services. In May 2018, it introduced JuicePass, an app which provides a suite of features for charging electric vehicles. In September 2018, Enel X...

In this issue: Investigating criminal conduct Decision to prosecute and alternatives to prosecution Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Financial services and pensions offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct Whistleblowing in the UK—Still a long road ahead Rahman Ravelli’s legal director, Dr Angelika Hellweger, together with associate, Tatiana Novikova, examine how the UK handles whistleblowing. They map out the present UK statutory position and other relevant mechanisms, assess the scope of the safeguards they afford, and set these against the options open to whistleblowers in the United States of America. They also describe the HM Revenue and Customs (HMRC) whistleblower reward initiative announced near the end of 2025,...

In this issue: King’s Speech 2024 Criminal procedure and evidence Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Corporate Crime in Scotland Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information King’s Speech 2024 King’s Speech 2024—criminal justice and law enforcement His Majesty the King outlined the government’s priorities and intended policies for the forthcoming parliamentary session at the State Opening of Parliament on 17 July 2024. As in November 2023, public safety was central to the address, and the new Prime Minister, Keir Starmer, pledged to clamp down on anti‑social behaviour, reclaim our streets and protect our borders. To achieve this, he set out plans to bolster policing and the criminal justice...

The publishing industry This Practice Note outlines the legal and contractual landscape governing the publishing sector, while introducing key commercial and technological considerations. Publishers deliver content in multiple formats and for differing aims and readerships. Traditionally, the field splits between: trade publishers serving a general or consumer market; and other publishers concentrating on educational, academic, professional or scientific, technical, and medical audiences. In reality, these categories can overlap and intersect with adjacent industries, a trend accelerated by the evolution of digital media—for instance, convergence between newspaper and magazine publishing and the broadcasting and audiovisual arenas. There has also been discussion about whether social media and other online platforms ought, as a legal matter, to be regarded as ‘publishers’. Nevertheless, this Practice Note concentrates on conventional book and journal publishing, in both print and digital forms, encompassing e-books, websites, apps, databases and other online offerings (collectively described here, for simplicity, as ‘products’ unless stated otherwise). The publishing industry is an important contributor to the UK economy. According to the Publishers...

This Practice Note offers practical guidance on the dispute resolution framework available to the UK and the EU under the UK–EU TCA, with an emphasis on trade. It outlines the breadth of the trade dispute regime, the obligatory consultation phase and any subsequent arbitration, and the measures to secure compliance with an arbitral award. Introduction Following the UK’s decision (Brexit) to depart the EU, the Parties concluded the Trade and Cooperation Agreement in December 2020, which took effect on 1 January 2021. For practical guidance on trade in goods, services and rules of origin under the UK-EC TCA, please see: Practice Note Trade in goods under the UK-EU Trade and Cooperation Agreement on goods Practice Note Trade in services under the UK-EU TCA—an overview on services Practice Note Rules of Origin of the UK-EU Trade and Cooperation Agreement on Rules of Origin The UK–EU TCA establishes its own dispute settlement system designed to be effective and efficient, both to...

The right to roam over open land shares traits with the ability to move from A to B that defines a public highway, yet it exists solely by statute. It is chiefly contained in the Countryside and Rights of Way Act 2000 (CRWA 2000). Unlike highway rights, roaming requires no fixed origin or destination in either use or definition. CRWA 2000 was brought in to clarify and broaden the public’s right to walk across open countryside. The legislation’s assorted regulations and restrictions make plain that walking is allowed, while walkers must respect the rights of other countryside users. CRWA 2000 was brought in to clarify and broaden the public’s right to walk across open countryside. The legislation’s assorted regulations and restrictions make plain that walking is allowed, while walkers must respect the rights of other countryside users. Access land CRWA 2000 provides and defines access solely on access land. Many exceptions and restrictions apply to the right to roam on access land...

A: Pre-assessment Complete the self-assessment (Law Society’s website). Appoint a logistics lead and an accountable person/committee. Identify required Lexcel policies/procedures, allocate owners, brief them, and set deadlines with reminders. Choose an assessment body (Centre for Assessment Ltd, Inspiring Business Performance Ltd (IBP), or Recognising Excellence), apply and obtain an assessor. Agree the date, draft and finalise an all staff list, secure Law Society approval, notify staff (dates, interviews, process, holiday cut‑offs), book meeting room(s); update the assessor. Receive the assessment plan (interviewees, timetable, extra documents), amend schedules, brief fee earners/support staff, run open matter reports, gather further items requested, and email all required documents. B: Assessment day Receive the client file request; collate files and supporting materials, provide IT access, host the assessor, manage the timetable, and note feedback. C: Post-assessment Receive the final report within one to two weeks; log key points and an action plan; diary rectification deadlines (21 days minor,...

BREXIT At 11pm (GMT) on 31 December 2020—known as ‘IP completion day’—the transition/implementation period entered into following the UK’s withdrawal from the EU came to a close. From that point onwards, key transitional arrangements came to an end and wide‑ranging changes started to take effect across the UK’s legal regime. This document provides guidance on subjects affected by these changes. Before continuing your research, see: Brexit and financial services: materials on the post‑Brexit UK/EU regulatory regime [Archived]. This Q&A assesses the impact of Brexit on passporting in the insurance sector, outlines the options available to insurers to continue to access the European Economic Areas (EEA), and highlights the factors for insurers to take into account in their contingency planning. This Q&A is produced in partnership with Clare Swirski at Clifford Chance. What are the main aspects of passporting under Solvency II?...