Search for:
Category

Europe

Category
In Employment

United Kingdom: Direct pay offers made following an impasse with union constituted unlawful inducements

by , and 6 Mins Read

The Employment Appeal Tribunal had upheld a decision of the employment tribunal that two companies within the same group had made unlawful inducements relating to collective bargaining under section 145B of the Trade Unions and Labour Relations (“Consolidation”) Act when it made direct offers of pay to its employees after it reached an impasse in negotiations with the recognised trade union. Although the tribunal’s decision pre-dated the Supreme Court’s decision in Kostal v. Dunkley, its findings were “presciently, so close in language to the test enunciated by the Supreme Court” that its conclusion was entirely consistent with the correct legal test as set out in Kostal.

Read More
In Cybersecurity, Data and Tech

Türkiye: The Guideline on Use of Cookies Has Been Published

by and 9 Mins Read

On 11 January 2022, the Personal Data Protection Authority (“Authority”) published the Draft Guideline on Use of Cookies and on 20 June 2022, it published the Guideline on Use of Cookies (“Guideline”). With the Guideline, the Authority aims to bring forward recommendations to ensure compliance of cookie usage procedures followed by data controllers with the Personal Data Protection Law.

In

Netherlands: Supreme Court judgment on legal professional privilege for in-house lawyers in the Netherlands

by , and 7 Mins Read

On 24 May 2022, the Dutch Supreme Court passed judgment between, on one hand, the Royal Dutch Shell PLC and 15 of Shell’s in-house lawyers (“Shell”), and on the other hand, the Dutch Public Prosecution Service.1 The Supreme Court held that both Shell’s and the Public Prosecution Service’s complaints were inadmissible because the decision of the court of first instance should be considered as an ‘interim decision’ (in Dutch: ‘tussenbeschikking’), and interim decisions are not open to cassation. The Supreme Court took the opportunity to provide some insights in relation to the scope and application of legal professional privilege of in-house lawyers by way of obiter dictum.

In Corporate Compliance

United Kingdom: Treasury confirms direct regulation of critical third-party service providers

by , , and 6 Mins Read

Mirroring earlier proposals by the European Commission, in a move anticipated by the industry, HM Treasury has confirmed that it will implement a regime whereby third-party firms designated as “critical” will be subject to direct regulatory oversight by the financial regulators. The Treasury published a policy statement on 8 June 2022, setting out its framework for mitigating the risks caused by financial services firms outsourcing important functions to third-party service providers.

Read More
In

UK Supreme Court rules no entitlement for consumers to an “absolute level of safety” in product liability case

by and 4 Mins Read

The appellant in the case of Hastings (Appellant) v Finsbury Orthopaedics Ltd and another (Respondents) (Scotland) [2022] UKSC 19, has failed to demonstrate to the UK Supreme Court (UKSC) that a prosthetic hip (manufactured by the respondents, each making separate parts) used in a metal-on-metal hip replacement was defective. Rather, the UKSC unanimously upheld the finding of the lower courts and concluded that the nature of the product meant that there could be no entitlement to an absolute level of safety.
The judgment is likely to be welcomed by those involved in the manufacture and distribution of medical devices and other health care products, as it continues the pragmatic approach of the UK courts in seeking to balance the need to achieve a high level of consumer protection against a robust assessment of the standards which the public can realistically expect manufacturers to achieve.

In Antitrust / Competition

Switzerland: Price disclosures in consumer transactions

by 4 Mins Read

On 25 May 2022, the Federal Council passed an amendment to the Price Disclosure Ordinance. The purpose of the amendment is to ensure clarity and comparability of prices and to prevent the use of misleading prices. This latest amendment was precipitated by federal court ruling 4A_235/2020, which caused uncertainty on the question of the timing of price disclosure in online trade.

In

Future of Disputes UK

by , , , , , , , , , and 4 Mins Read

Our Future of Disputes UK Virtual Programme brought speakers from leading in-house institutions – including AON, Gilead, GPW Group, HSBC, JP Morgan, Rio Tinto, Salesforce and Siemens – together with Baker McKenzie dispute resolution specialists to discuss key challenges in litigation, arbitration and investigations likely to arise over the next year.
We tackled the practicalities around contract disputes and termination, engaging with government and regulators, strategies to manage litigation risk arising from internal investigations, and provided an overview of how case lifecycles are likely to unfold following recent reforms of litigation and arbitration mechanisms. Our speakers share insights garnered from managing complex, multijurisdictional disputes and offer strategies to help you shape your organisation’s business resilience and readiness for litigation in the medium and long term.

In Employment

Germany: The implementation of the EU Working Conditions Directive – How should employers prepare now?

by and 7 Mins Read

The German Bundestag has passed a bill to implement the Working Conditions Directive (EU) 2019/1152, with the aim of creating more transparency and predictability of working conditions and to improve them overall. Previously, the bill had been heavily criticized by employers and associations, as well as legal literature – but without success. Now it is up to the German Bundesrat. If the Bundesrat does not have any objections, the new law will come into force as of 1 August 2022. Companies will then not have much time to implement the changes.

In ESG

France: Early access authorization

by , and 3 Mins Read

The French Authorization for Temporary Use and Recommendation for Temporary mechanisms enabling a derogation for coverage of medicines were substantially amended by the Social Security Financing Bill for 2021.
With the aim of speeding up market access for innovative medicines and allowing exceptional access for medicines that meet a therapeutic need on an ad hoc basis, the new mechanisms of early access authorization and compassionate use were implemented as from 1 July 2021.
Almost a year after the implementation of such new early access mechanisms, the French High Health Authority and the French National Agency for the Safety of Medicines and Health Products gave a very positive first report on EEA.

Read More
Load More