Knowledge

Our knowledge resources reflect the breadth and depth of our expertise, our insight into the issues which matter to your business, and our understanding of the markets in which you operate.

Knowledge

<p>Filter Knowledge</p>

  • Filter Knowledge

    Articles Filtering:

256 Results

The Data (Use and Access) Act's data protection reforms – what now?

The Data (Use and Access) Act (DUAA) was a long time in the making: it finally received Royal Assent on 19 June 2025 after weeks of "ping-pong" between the two Houses of Parliament over transparency measures in relation to AI and copyright - measures that were ultimately dropped.  The DUAA includes a package of data protection and e-privacy reforms, introduces frameworks for smart data and digital verification schemes and puts the National Underground Asset Register on a statutory footing.  Now it is finally here, what happens next?  This briefing sets out key takeaways for businesses in relation to the DUAA's data protection reforms.

A new milestone for accessibility – the European Accessibility Act now applies

The European Accessibility Act (EAA) can be enforced by Member States from 28 June 2025.  Impacting businesses across a broad range of sectors, the EAA applies to many categories of consumer products and services, particularly digital technologies, which range from payment terminals and smartphones to consumer banking services and online shops. The aim: to make all these products and services accessible to everyone, including people with disabilities.  While the EAA applies to products and services provided within the EU (including by UK-based businesses), as we explore later in this briefing, businesses operating exclusively in the UK market also cannot afford to be complacent about accessibility.

A week to go! The European Accessibility Act and its impact on the financial services industry

On 28 June 2025, Member States can start enforcing the European Accessibility Act ("EAA") – a deadline which may have crept up on some firms in the banking and financial services sector.  The EAA applies to a broad range of financial services and associated digital technologies, from payment terminals to online banking platforms. This means banks, payment services providers, e-money and other providers of financial services to retail customers must review their customer interfaces, products and related documentation to ensure compliance.  If EAA compliance has slipped down your "to do" list, now is the time to act.  As we discuss later in this briefing, businesses operating in the UK market also cannot afford to be complacent about accessibility.

Cyber risks in your supply chain – where is your weakest link?

Adidas, The North Face, Cartier and Victoria's Secret are the most recent names to join the ranks of retailers – Marks & Spencer, Harrods, and the Co-op – to be hit by cyber attacks in recent months. Rich in customer data, with significant resources and a strong reputation to protect, a large retailer is an attractive target for cyber criminals.

The Data Act's changes to cloud services contracts – tipping the scales on switching

Customers in the EU on the receiving end of (often) one-sided cloud services contracts should see improvements in the terms they are offered around switching – or at least have a strong basis to negotiate better terms. From 12 September 2025, the EU's Data Act will apply directly to the provision of "data processing services", principally cloud and edge services, into the EU.

A short guide to heat networks in the UK

The UK heat network market is growing fast, providing opportunities for both suppliers and property developers/owners looking for low carbon energy solutions.  But what are heat networks, where are they being rolled out and how are they regulated?  And what are the key issues when making contractual arrangements involving heat networks?

What does the UK-EU "re-set" mean for business?

The UK and the EU have agreed a "common understanding" on closer cooperation across a number of key areas.  Following a period of difficult relations after Brexit, the mere fact that that both sides have committed to closer cooperation has obvious political significance. But what does the deal mean for business?

Outsourcing Spotlight – Spring/Summer 2025

Welcome to the fourth edition of Travers Smith's Outsourcing Spotlight. In this issue, we look at whether a possible change in the approach to equal pay could undermine incentives to outsource.  We also discuss the implications of the UK Government's Immigration White Paper, new legislation on premises and consumer-facing outsourcings and take an in-depth look at longer term outsourcings.

Payment issues in commercial contracts from a customer perspective: a short primer

In this short video, Rich Offord, Katie Hindley and Jonathan Rush highlight some of the key issues for customers when negotiating payment clauses in commercial contracts. Topics covered include common pitfalls when seeking to withhold payments in response to poor supplier performance and the importance of set off rights.  We also discuss why some customers may need to devote more attention to whether they are paying their suppliers on time and the remedies specified in the contract for late payment.

Fake reviews: will trader recommendation platforms be caught in the crossfire between businesses and the CMA?

The Competition and Markets Authority (CMA) expects online trader recommendation platforms (TRPs) to take action against businesses that try to boost their ratings based on fake or misleading reviews. But some businesses may fight back – arguing that the TRP was wrong to impose sanctions and even that they have suffered significant harm as a result.

Preventing fake reviews: What are "reasonable and proportionate" steps?

Among other things, the Digital Markets, Competition and Consumer Act 2024 (DMCC Act) requires publishers of consumer reviews to take "reasonable and proportionate steps" to prevent the publication of fake or misleading consumer reviews. But what does "reasonable and proportionate" mean in practice?

Liberation Day: what US tariff changes mean for international supply contracts

In light of the ongoing uncertainty over increases in US tariffs, we look at the contractual implications for both suppliers and customers involved in international trade. This briefing discusses who pays, including the impact of Incoterms, and whether parties can avoid their contractual obligations based on force majeure clauses, material adverse change (MAC) clauses or frustration.

Misconduct by franchisees: claimants point the finger at franchisors

How concerned should franchisors be about the recent trend of attempted claims against franchisors over misconduct by their franchisees, and which areas of law pose the greatest risk?

Insights for In-house Counsel - Spring 2025

Our regular round-up of recent and forthcoming developments in law and practice for in-house counsel.

Re 36 Bourne Street Ltd, Brierley v Howe: A clear illustration of the test for unfair prejudice claims

Under section 994 of the Companies Act 2006 ("CA 2006"), a member of a company may apply to the court for relief by way of petition if they are or have been unfairly prejudiced as a result of an act or omission of the company or the way in which the company's affairs are being or have been conducted. A section 994 petition is the primary procedural tool that minority shareholders can use to seek relief if they are being unfairly prejudiced by the conduct of a majority shareholder or a group of shareholders who are acting as a majority.

Expiry of PFI deals: risks and opportunities

PFI deals have recently been in the news, with headlines about disputes between public sector customers and private sector owners and operators as contracts near their expiry date.  We look at the issues around PFI expiry and the risks and opportunities this presents for private sector involvement in this area.

Major changes to UK consumer law are imminent: is your business ready?

The consumer law provisions of the Digital Markets, Competition and Consumers Act 2024 are expected to come into effect in April 2025. As well as new rules on pricing, fake reviews and subscription contracts, B2C businesses will face a much tougher enforcement regime – with the prospect of fines of up to 10% of global turnover.  We explain how you can protect your business from the risks and even use the legislation to your advantage.

Pricing issues in commercial contracts: a 5 minute primer

In this short video, Richard Offord, Katie Hindley and Jonathan Rush provide a 5 minute primer on key pricing issues in commercial contracts.  Topics covered include whether suppliers can raise prices unilaterally, how to deal with inflation, cost plus and open book pricing, audit clauses, "best price" or MFN obligations, price-matching clauses and benchmarking.

Do franchisors need to act in good faith?

A claim against a UK mobile telecoms provider by its current and former franchisees alleges that the franchisor acted in bad faith.  We look at what role good faith has to play in franchise agreements – and whether we are likely to see more disputes over this issue in future.

Back To Top Back To Top chevron up