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Material adverse change clauses: play to the whistle

The High Court recently considered whether the delay to the Premier League season caused by the first COVID-19 lockdown triggered a material adverse change clause (commonly known as a MAC clause) in contracts for broadcasting rights. In this briefing we look at how this compares with previous cases on MAC clauses and what the lessons are when drafting such provisions.

UK data protection reform: a taste of what's ahead

The Department for Digital, Culture, Media and Sport (DCMS) has recently published its response to the consultation on data protection reform (which we previously wrote about here). For those disappointed by the lack of detail in the Queen's Speech on the Data Reform Bill, this response provides a clearer picture of UK data protection reforms to come – which measures the UK Government is taking forward, which it is dropping and which it needs to consider further. For the detail, we'll need to wait for the text of the draft Bill itself.

BEPS Pillar Two GloBE Rules

The two-pillar corporate tax reform plan forms part of the OECD's project tackling base erosion and profit shifting (BEPS). Whilst Pillar One – which aims to align taxing rights more closely with the location of customers – will only apply initially to MNEs with annual global turnover above €20bn, Pillar Two is expected to have a wider impact on businesses.

B2C marketing: CMA calls for businesses to disclose how "green" their products really are

The Competition and Markets Authority (CMA) has recommended legislating to impose a positive obligation on consumer-facing businesses to disclose information about the environmental impact of their products. It has also recommended changes designed to make it easier to enforce consumer law against companies making misleading environmental claims, to allow orders to be made requiring businesses to make redress payments for environmental harm and to increase supply chain transparency.

New ESMA supervisory briefing and ESA clarifications on the ever-changing SFDR regime

On 31 May 2022, the European Securities and Markets Authority (ESMA) published a supervisory briefing (the Supervisory Briefing) addressed to EU national competent authorities (regulators) to promote "common supervisory practices" on the EU Sustainable Finance Disclosure Regulation (SFDR) and other pieces of EU legislation concerning financial sustainability. This was closely followed on 2 June 2022 by a publication of the European Supervisory Authorities – one of which is ESMA - (ESAs) which sets out clarifications (the ESA Clarifications) on the draft regulatory technical standards (RTS) under SFDR.

Sanctions Update: UK's Office of Financial Sanctions Implementation sets out new enforcement guidance in advance of enhanced powers coming into force

On 15 March 2022, the UK's new Economic Crime (Transparency and Enforcement) Act (the "ECA") received Royal Assent. The legislation contained a number of important provisions, including the introduction of a new 'Register of Overseas Entities' and reforms to unexplained wealth orders.

ICO fines facial recognition database company Clearview over £7.5m

The ICO's recent fine of over £7.5m issued against Clearview AI Inc (Clearview) for using images of UK citizens scraped from the internet as part of Clearview's global online database is one of the largest that the ICO has issued to date. But it is considerably less than the £17m fine announced by the ICO in its provisional decision in November 2021.

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