Insights: January 2020

In only a few hours 47 years of the United Kingdom’s membership in the European Union and in its predecessor, the European Economic Community, will come to an end. Over the next 11 months it will, hopefully, become clearer what shape the future relationship between the UK and the remaining member states will take. What […]

Will the GDPR still apply in the UK post-Brexit? The short answer is yes – once the UK exits the EU at 23:00 on 31 January 2020, all EU laws, including the GDPR, will automatically become part of UK domestic law due to the provisions of the European Union (Withdrawal) Act 2018. As many GDPR […]

Is there hope for custom game developers amidst Blizzard Entertainment’s new Acceptable Use Policy? Following the launch of Warcraft III: Reforged, Blizzard Entertainment (Blizzard) has updated its Acceptable Use Policy so that the legal rights that custom-game makers automatically assign to Blizzard have been expanded. The new wording (highlighted in bold) reads: Custom Games are […]

On 21 January 2020, the Court of Appeal handed down a decision upholding a 2017 decision by the UK Competition and Markets Authority (CMA) that Ping had infringed competition law in preventing its authorised resellers from offering golf clubs for sale over the internet. In so doing, the Court of Appeal has re-affirmed the basic […]

Following a lengthy consultation process, the Information Commissioner’s Office has this month published the draft Age Appropriate Design Code (the Code). The Code, which is designed to be read alongside the existing provisions of the GDPR, and the Data Protection Act 2018, is intended to bolster the standards online services should meet to protect children’s […]

Fladgate has advised oil and gas exploration and production company Caspian Sunrise plc (LON:CASP) on the acquisition of the “Caspian Explorer” for a total consideration of US$25 million payable in shares. The “Caspian Explorer” is a vessel capable of drilling exploration wells in the extremely shallow waters of the Caspian Sea. Caspian Sunrise has focused […]

Employment Partner, Michael McCartney, recently contributed an article in Building on IR35 and the taxing changes to off-payroll rules being a major challenge for building firms. Michael discusses what impact the changes to off-payroll rules has on contractors, “firms will need to work with contractors to gather evidence of genuine self-employment…” To view the full […]

What happens to EU trade marks after Brexit? A mere three and a half years after the 2016 referendum on membership of the European Union, the UK looks set to “leave” the EU on 31 January 2020. Instead of exiting without a deal (which at one stage looked distinctly possible), the UK’s departure will be […]

Samira Ahmed successful in equal pay case against the BBC On Friday 10 January 2020, the London Central Employment Tribunal delivered its much-anticipated judgment in the equal pay case pursued by journalist Samira Ahmed.  This follows the hearing that took place in October and November 2019 and which attracted widespread media attention (as you might […]

Businesses are increasingly using cloud services for an ever-growing range of IT and related services, often categorised as Software as a Service (SaaS), Infrastructures as a Service (IaaS), and as Platform a Service (PaaS). Key characteristics of cloud services often include internet delivery of the services, self-provisioning, elasticity (i.e. on-demand) and subscription models. Another distinction […]

The case of Aiwa Co. Ltd v Aiwa Corporation is a useful reminder to brand owners, particularly those who are looking to revive a brand, of what amounts to “genuine use” of a registered trade mark. The case particularly considers whether the sale of second-hand goods by third parties in the UK can constitute genuine […]