Organisations considering how to respond to a ‘subject access request’ will benefit from court guidance given in a recent ruling.
Legal Alert - June 2019
A monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.
Landowners should secure their properties and regularly inspect them to ensure no illegal waste has been deposited there without their consent, or risk being responsible for moving it - even if it was deposited by trespassers – a recent determination makes clear.
Case law: Data protection exemption for ‘journalistic activities’ is wider than just professional journalists’ activities
Individuals who secretly film and post videos on YouTube and similar sites may be able to rely on an exemption for ‘journalistic activities’ to justify what would otherwise be a breach of data protection rules. This follows a new, wider definition of the exemption put forward in a recent Court of Justice of the European Union ruling.
Case law: Mere registration of a trade mark does not entitle owner to bring a ‘passing off’ claim against someone using a similar mark
Owners of unused trade marks should consider how they can use their marks, or risk being unable to bring a passing off action against anyone who uses a similar mark, a recent ruling makes clear.
Case law: Parties using powers of attorney in commercial transactions must observe the formalities and draft the powers carefully to avoid disputes
Parties to a transaction should ensure that any power of attorney they give to facilitate it is properly drafted and executed by a specialist professional, and that its terms are considered very carefully to ensure the attorney is not authorised to do anything the giver does not intend, a ruling makes clear.
UK employers who do not already do so should start recording workers’ actual daily hours to ensure they comply with the EU Directive on working time, following a ruling of the Court of Justice of the European Union (CJEU).
Case law: Contracts requiring service of a series of notices should specify if intervals are required between them
Parties negotiating a contract should consider whether imposing a requirement to serve a series of notices in certain circumstances makes commercial sense and is required at all; or if one is to be included, whether the contract should expressly specify a minimum period between service of each notice - because such a period will not be implied.
Employers should ensure, through appropriate policies, procedures and staff training, that employees are not treated differently because of their sexual orientation (or any other characteristic protected by discrimination law), particularly if it prevents them discussing their private lives with colleagues.
New law: Government proposes to take away landlords’ rights to end shorthold tenancies simply by giving notice
Landlords of residential property let on shorthold tenancies should start to plan for changes removing their right to terminate such tenancies simply by serving notice on the tenants, without having to give a reason.
Employers with employees on call should review what they are required to actually do at different times while on call, as this can affect whether or not they are treated as working in whole or in part during those periods and, therefore, affect their entitlement to the minimum wage, according to a recent ruling.
Disclaimer: These publications from Atom Content Marketing are for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.