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Our inaugural Digital, Commerce & Creative Report is here!
12 January 2024We are delighted to announce that we have published our inaugural Digital, Commerce & Creative Annual Report.
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Lewis Silkin's 12 tech trends and predictions for 2024
02 January 2024Welcome to this year’s technology predictions!
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AI Implementation Pathway
19 November 2023With the rapid development of AI tools, as well as the ever-evolving regulatory landscape it is important that businesses do their homework when it comes to AI.
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UK Government consults on consumer law reform
11 September 2023Even before the Digital Markets, Competition and Consumers Bill (DMCC Bill) completes its passage through the UK parliament, the UK Government is consulting on further consumer law reform. A key purpose of the legislation under review in the consultation is to ensure consumers are provided with timely and relevant information when making decisions.
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JJ Shaw comments for Vogue Business on AI regulation and what brands need to know
05 May 2023Lewis Silkin's JJ Shaw explores upcoming AI regulation at UK and EU level, the key risks governments are seeking to protect against, and what this could mean for leading brands in the fashion space.
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New era for UK consumers protection
05 May 2023Giles Crown has summarised the most important aspects of the proposed changes in consumer law and regulation arising from the new Digital Markets, Competition and Consumer Bill. This includes some serious additional risks for all businesses targeting UK consumers, including for the first time direct enforcement by the CMA and large potential fines.
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CMA launches consultation on its draft environmental sustainability guidance
12 April 2023The CMA is consulting on its draft guidance on the application of the Chapter 1 prohibition in the Competition Act 1998 (which prohibits agreements between businesses that restrict competition in the UK) to environmental sustainability agreements.
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Advertising Regulation – what’s coming up?
11 January 2023In an increasingly complex legal and regulatory landscape, ensuring you are prepared for the latest regulatory changes will be key to future-proofing your business.
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Controversial NI Protocol Bill passed – EU turns up the heat by issuing further legal action against UK
27 July 2022Nothing that concerns Brexit and Northern Ireland (NI) was ever going to be straightforward, given the potentially divisive and disruptive nature of any arrangements relating to the latter in the context of trying to reach a deal on the former.
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Recruiting games talent from overseas: Lewis Silkin Comments for GamesIndustry.biz
15 July 2022Nick Allan, Lee Nair and Kayleigh Williams highlight legal pitfalls and tips for making the direct hire of remote employees a success.
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Treading the payment tightrope: can you still rely on the ‘limited network exclusion’ or might you now need a licence to carry out regulated payment services?
13 April 2022The European Banking Authority (EBA) has recently published final guidelines on the application of the limited network exclusion (LNE) under the revised Payment Services Directive ((EU) 2015/2366) (PSD2). The guidelines apply to national competent authorities (NCA), which post-Brexit does not include the UK FCA. The UK FCA published its updated guidance on the application of the LNE under the Payment Services Regulations 2017 (PSRs) in November 2021, through PS21/19, PERG 15 of its Perimeter Guidance manual, and the latest version of its Payment Services and Electronic Money - Our Approach document.
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Act now or pay later? FCA publishes important guidance on ensuring fair terms in unregulated Buy Now Pay Later credit agreements
24 February 2022In relation to unregulated “Buy Now, Pay Later” (BNPL) credit agreements, the government has consulted and intends to bring these products within the scope of regulation
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Buy Now Pay Later: FCA regulation appears to be looming. What might this mean for those offering this form of payment option?
29 October 2021Businesses that offer regulated credit agreements must be authorised to do so by the UK’s FCA and must comply with relevant FCA rules as well as requirements in the Consumer Credit Act 1974 and subsidiary legislation.
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COVID-19 advice for corporate occupiers
16 June 2021Commercial tenants – whether occupying offices, retail premises, industrial units or other property - face potentially existential questions arising out of their landlord and tenant relations, how to manage cashflow and outgoings as revenues dry up, premises shut down and uncertainty reigns.
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UK product certification post Brexit
11 May 2021A consequence of the UK leaving the EU which has perhaps attracted less attention than other areas, such as border checks, is the new regime for product certification. Under EU law, many products must carry the CE mark to show that they are safe and comply with relevant laws.
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Will a court force a party to perform its contractual obligations?
08 April 2021As businesses start to get back to some kind of normality, they must be alive to their options if faced with a counterparty unable to comply with its contractual obligations in an uncertain economy. The usual remedy in such a scenario would be for the innocent party to sue the defaulting party for the loss and damage suffered as a result of the other party’s failure to fulfil its obligations.
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Did contractual dispute resolution clauses have immunity from the effects of Covid-19 and the lockdown restrictions?
08 April 2021As businesses plan to recommence operations, they must consider the legal implications of any action taken or contemplated to preserve contracts and business relationships and be alive to the potential consequences of action threatened or taken by other contracting parties. The actual or perceived amenable approach taken by some during the pressure of lockdown may quickly evaporate as the country returns to some sort of normality. This combined with economic uncertainty is likely to result in an increase in disputes.
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Can a contract be terminated if the effects of COVID-19 have prevented performance?
08 April 2021The COVID-19 pandemic has had a significant impact on businesses worldwide. Lockdown, restrictions, disruption to supply chains, increased pressure on cashflow and reduced capacity have all affected the ability of businesses to fulfil contractual obligations. Despite best efforts to co-operate, preserve contracts and maintain business relationships, as we emerge from lockdown and gradually return to some sort of normality, many will find themselves in a position where their counterparty remains unable to perform its obligations and will be in breach of contract.
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Under pressure: what kind of pressure makes a contract unenforceable?
08 April 2021Even as lockdown eases, multiple periods of restrictions over a sustained period and the wider economic impact of the COVID-19 pandemic have made the performance of many commercial contracts very difficult, if not impossible. As a result, some parties have sought to avoid their obligations altogether, whilst others may seek to amend them as they begin their post-lockdown operations.
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But you promised! Even without a written contract, promises can be enforced and rights given up.
08 April 2021Broken promises in commercial life can leave businesses in real difficulties. That feels particularly unfair when a party’s only mistake was to take the other at its word. Which is why in the normal course of things businesses should have written contracts to remove risk and uncertainty.