The long-running investigation by the Serious Fraud Office (SFO) into Eurasian Natural Resources Corporation (ENRC) has provided several points of instructive guidance during its lifetime – and that trend looks set to continue. The most recent matter before the High Court[1] examined certain redactions the SFO made to a report it disclosed in the course of proceedings which were challenged by ENRC.
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Are You Really Prepared to Prevent Fraud?
In a landmark day for regulatory authorities in the United Kingdom, the Economic Crime and Corporate Transparency Act came into force on 26 October 2023. The act will have a material impact on the manner in which the authorities combat money laundering, fraud and other economic crimes within the jurisdiction. Large companies doing business in the UK should be on notice that they will have to ensure that their compliance procedures are robust enough to withstand what is expected to be a renewed vigour from the authorities to hold large companies to account for the criminal actions of their employees, agents and subsidiaries.
Landmark Decision Handed Down on ICO’s Responsibilities in Handling Subject Access Requests
On 10 October 2023, the England and Wales Court of Appeal handed down its decision in Delo, R. (On the Application Of) v. The Information Commissioner , in which it upheld an earlier High Court ruling that the UK’s data protection regulator, the Information Commissioner’s Office (ICO), is not obliged to reach a definitive decision on the merits of each and every data subject access request (DSAR) complaint, but that it – instead – has broad discretion, which it found the ICO had exercised lawfully under the UK General Data Protection Regulation (GDPR) when responding to a DSAR complaint.
UK Supreme Court Guidance on Staying Proceedings in Favour of Arbitration
The UK Supreme Court’s recent judgment in Republic of Mozambique v. Privinvest Shipbuilding SAL and others,[1] provides an extremely valuable analysis of the proper basis for staying legal proceedings in favour of arbitration under section 9 of the Arbitration Act 1996.
UK Antitrust Regulator Outlines Guiding Principles for AI Foundation Model Market
Like many regulators across the globe, the UK Competition and Markets Authority (CMA) has been hypervigilant in watching the development of the artificial intelligence (AI) foundation model market.
Following a five-month initial review into the market launched earlier this year, the CMA published its initial report on the UK market for AI foundation models on 18 September 2023.
The report outlines a series of proposed guiding principles for the AI foundation model market, which will be relevant to any organisations that are developing or deploying foundation models in the UK.
UK Financial Conduct Authority Urges Social Media Platforms, Search Engines and Apps to Check Warnings of Non-Authorised Cryptoasset Businesses
Regardless of whether you are in the UK, or the type of technology you use, companies marketing ‘qualifying cryptoassets’ to customers in the UK will need to comply with the Financial Conduct Authority’s financial promotions regime. We published a Cooley alert summarising the regime in March 2023. Last month we noted that the FCA had published a “final warning†reminding companies promoting cryptoassets to UK consumers that they must get ready for the regime.
PFAS – Navigating Diverging Regulatory Approaches and Liability Risks in the EU, UK and US
Join the Cooley international products and business litigation teams for a 45-minute, rapid-fire webinar to discuss the latest EU proposal to restrict PFAS, ongoing initiatives to regulate PFAS in the UK and US, and associated liability risks for product stakeholders.
UK OFSI Uses Disclosure Power as FCA Reviews Sanctions Compliance Systems
On 31 August 2023, the UK Office of Financial Sanctions Implementation (OFSI) used its new disclosure enforcement power for the first time, issuing a report against Wise Payments Limited for breach of financial sanctions. The use of this power is a significant step in OFSI’s efforts to ensure compliance with the UK’s financial sanctions regime and deter future breaches. In addition, OFSI has updated its monetary penalties guidance, shedding further light on how it will use the disclosure power in the future.
1996 Arbitration Act Review: Law Commission Publishes Final Report
The recommendations, particularly those in relation to summary disposal and orders against third parties, provide tribunals and the courts with important express powers to ensure the efficient and effective management of arbitral claims. But the report is actually most notable for the fact that so few amendments are required – and those that are required are either changes to clarify the existing position or to tweak it. As such, it is a powerful statement that the Arbitration Act, 27 years on, remains fit for purpose.
Marketing of Cryptoassets – UK’s Financial Conduct Authority Issues ‘Final Warning’
Regardless of whether you are in the UK, or the type of technology you use, companies marketing ‘qualifying cryptoassets’ to customers in the UK will need to comply with the financial promotions regime of the Financial Conduct Authority (FCA), the UK’s financial regulator.