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Internet and electronic communications—checklist

Internet and electronic communications—checklist Required document or action Compliant? 1 Do you have a written Policy on internet, email and communications describing permitted and prohibited use of:—the internet—your electronic communications system (emails and telephone)? 2 Do you have a Policy on social media? 3 Do you have a separate Policy—data protection covering any data processing activities that may arise from use of the internet and your electronic communications system? 4 Do you intend to monitor how your staff use the internet and/or your electronic communications system? See Practice Note: Monitoring staff, IT and communications systems in the workplace. 5 If so, have you conducted a data protection impact assessment (see subtopic: Data protection impact assessments—DPIAs)? 6 Do any of your monitoring activities amount to intercepting an electronic

How to start an arbitration—checklist

How to start an arbitration—checklist This Checklist assists when commencing ad hoc arbitration under the provisions of the Arbitration Act 1996 (AA 1996), and institutional arbitration proceedings under the London Court of International Arbitration (LCIA) Arbitration Rules and the International Chamber of Commerce (ICC) Arbitration Rules. Key points to consider when commencing arbitral proceedings under the Arbitration Act 1996 • check the arbitration agreement for any pre-arbitration steps and/or conditions, such as participating in a form of ADR (such as negotiation or mediation), and comply with them • check any time-bars in the arbitration agreement/underlying substantive contract or statutory limitation periods and ensure that they are complied with—see Practice Notes: Limitation periods in arbitration (England & Wales) and Foreign Limitation Periods Act 1984 • check the arbitration agreement for the incorporation of any arbitration rules and/or any other provisions relating to the commencement of arbitration—see Practice Note: Commencement date of an arbitration under the AA 1996 and arbitration rules • check the service/notice provisions in the arbitration agreement...

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Direct marketing decision tree—email and other electronic mail marketing—data protection

Direct marketing decision tree—email and other electronic mail marketing—data protection This decision tree provides a logical process for determining whether you can engage in email marketing and, if so, to whom. It is equally relevant to text and SMS marketing. There are separate decision trees in relation to postal and live telephone direct marketing—see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—live telephone calls—data protection. Electronic marketing presents the most complex regulatory challenge of all forms of marketing. You have to comply with the UK General Data Protection Regulation (UK GDPR) plus the Privacy and Electronic Communication Regulations 2003 (PECR 2003). PECR 2003 takes a different approach for different electronic marketing activities, depending on your target audience and the type of goods/services you are promoting. You also have to comply with the applicable requirements of the UK GDPR. For more guidance, see Practice Notes: • Direct marketing compliance—Electronic mail • How to handle personal data for direct marketing, and • Direct marketing—UK GDPR and PECR 2003 interplay...

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Türkiye behavioural investigations—closed cases tracker

Türkiye behavioural investigations—closed cases tracker This table summarises all completed investigations by Türkiyes competition authority (the Turkish Competition Authority—the TCA) into alleged cartels, anti-competitive agreements and abuses of dominant positions since 2018. Note—only investigations that have been made public are included in this table. 2025 Investigations under Article 4 of Law No. 4054 Case name, companies under investigation and industry Issues Developments Production and sale of cement and ready-mixed concrete• Batıbeton Sanayi AŞ• Öztürk Ticaret • Şölen Çimento Yapı İnş. San. ve Tic. Ltd. Şti• Çimentaş İzmir Çimento Fabrikası Türk AŞ  Restrictive agreements—price fixing and customer allocation • Infringement decision announced—27/05/2025; fines totalling TRY 42,401,366 imposed Elevator maintenance• 14 undertakings (listed here) Restrictive agreements—price fixing and customer allocation •Infringement decision announced—28/01/25; fines totalling TRY 418,391 imposed 2024 Investigations under Article 4 of Law No. 4054 Case name, companies under investigation and industry Issues Developments Cleaning products• Viking Kağıt ve Selüloz Sanayi ve Ticaret AŞ Restrictive agreements—RMP •Settlement agreement reached—13/11/2024; fines totalling TRY 9,073,292 imposed Private education• 18...

Coronavirus (COVID-19) implications for PI and clinical negligence [Archived]

Coronavirus (COVID-19) implications for PI and clinical negligence [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note focuses on the implications for PI and clinical negligence practitioners in the light of temporary rules and guidance introduced following the coronavirus (COVID-19) pandemic. This Practice Note should be read in conjunction with Practice Notes: • Coronavirus (COVID-19) implications for dispute resolution [Archived] • Coronavirus (COVID-19) civil court specific guidance—dispute resolution [Archived] Case management of personal injury claims See also Practice Note: Coronavirus (COVID-19) implications for dispute resolution [Archived]—Case progression and management. The Association of Personal Injury Lawyers (APIL) and Forum for Insurance Lawyers (FOIL) published guidance on best practice to assist claimant and defendant lawyers handling personal injury claims during the coronavirus pandemic. This agreement was first introduced on 31 March 2020 and continues to apply (subject to periodic review). The guidance is of course subject to compliance with the CPR and includes the following. Communication Practitioners should engage with their counterparts...

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Password policy

Password policy 1 Introduction 1.1 Passwords are a critical aspect of our information and cybersecurity measures. They are our first line of defence. 1.2 This policy: 1.2.1 establishes guidelines on selecting strong passwords; 1.2.2 provides for the protection of passwords; and 1.2.3 sets out how often passwords must be changed. 1.3 This policy applies to all staff. 2 Using strong passwords 2.1 Your passwords must: 2.1.1 contain both upper and lower case letters; 2.1.2 be at least [15] characters long; 2.1.3 not be based on personal information (eg family names etc). 2.2 To make your password even stronger, you may wish to: 2.2.1 use digits and punctuation characters as well as letters; 2.2.2 use letters which do not make up a word, ie it would not be found in a dictionary; 2.2.3 avoid: (a) using our organisation’s name or any derivation; (b) word or number patterns (eg qwerty, 12345, abc123, etc); (c) any of the above backwards. 2.3 [For help on creating a strong password that you...

Letter—employer exercising summary termination right under service agreement

Letter—employer exercising summary termination right under service agreement [To be typed on employer’s headed notepaper] [Enter name and address of employee] [Enter date] by hand Dear [enter name] Termination of employment Further to the meeting held on [enter date][, at which you were accompanied by [insert name],] [ and our conversation earlier today,] I write to [notify you OR confirm] that [enter name of Employer] has decided to exercise its right under clause [enter clause number of provision dealing with summary termination] of your [service agreement OR contract of employment] dated [enter date] (referred to in this letter as the [‘Service Agreement’ OR ‘Contract’]) to terminate your employment with immediate effect, without notice or payment in lieu of notice, by giving you this written notification.[ This letter also refers to various other terms as defined in the [Service Agreement OR Contract].] The relevant term of the [Service Agreement OR Contract] is clause [enter clause number of provision dealing with summary termination], which provides:...

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Could the purchase of the freehold reversion of land which is subject to a code protected lease of a mast to a telecoms operator fall within the scope of the National Security and Investment Act 2021, ie could this be a qualifying acquisition of a qualifying asset? The mast belongs to the tenant but it is possible that it could revert to the landlord at the end of the lease if the tenant does not comply with its obligations to remove it.

Could the purchase of the freehold reversion of land which is subject to a code protected lease of a mast to a telecoms operator fall within the scope of the National Security and Investment Act 2021, ie could this be a qualifying acquisition of a qualifying asset? The mast belongs to the tenant but it is possible that it could revert to the landlord at the end of the lease if the tenant does not comply with its obligations to remove it. The National Security and Investment Act 2021 (NSIA 2021) allows the government to scrutinise and intervene in certain acquisitions made by anyone, including businesses and investors, that could harm national security. It provides for a legal obligation for an acquirer to inform the government of any acquisition of certain entities within prescribed sensitive areas of the economy (of which there are 17 set out in the National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021 (NSIA Regulations 2021), SI 2021/1264). This is known as...

Is it possible to execute contractual documentation in a business to business (B2B) transaction which has retrospective effect?

Is it possible to execute contractual documentation in a business to business (B2B) transaction which has retrospective effect? From a practical perspective there is no reason why the deal could not be documented now and state that it is deemed to be effective from an earlier date. However, the date of signature should always be accurately recorded. • unilateral and bilateral contracts can both be accepted by conduct • silence in a bilateral contract cannot constitute acceptance and in unilateral contracts the requirement to communicate acceptance is waived in favour of performance • acceptance must be communicated to the offeror • for agreements reached by post, the acceptance does not have to be received by the offeror; acceptance occurs as soon as the written acceptance is posted (the postal rule) • the position in relation to couriers as a method of delivering acceptance is unclear and there is no authority on this point • an electronic communication is capable of constituting acceptance when it is reasonably capable of...

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UK expands guidance on the supply of professional and business services to persons connected with Russia

Commercial analysis: On 7 February 2023, the UK Department for International Trade (DIT) published an expanded version of its guidance on supplying professional and business services to a person connected with Russia (DIT Guidance), following a broadening of the types of services covered by the ban in December 2022. The DIT Guidance sets out additional details regarding the services falling within the scope of these sanctions, enforcement, applicable exceptions, and the licence application process. Written by Alexandra Melia, partner at Steptoe & Johnson LLP.

UK Competition law—daily round-up (16/12/2022)

A round-up of UK competition law developments including (amongst other things) the Ofcom’s decision to impose fines totalling £1.5m against Sepura for infringing Chapter I of the Competition Act 1998 for exchanging competitively sensitive information with Motorola about pricing intentions in connection with a procurement exercise.