Market Report

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The Legal Accelerator Market Report May/June 2010 is a topical summary of legal news and activities from Legal Accelerator, the directory of international legal specialists.

UK – £500,000 Fines for Data Breaches New powers enabling the UK data protection regulator, the Information Commissioner, to impose £500,000 fines for serious data breaches have come into force. The new powers enable the Information Commissioner to take more forceful action against companies which fail to take appropriate measures to protect personal data in accordance with the UK Data Protection Act. The Information Commissioner has produced guidance indicating that fines imposed will depend on the severity and effect of offences and that he will take a pragmatic and proportionate approach to this issue. For more information visit: http://www.ico.gov.uk/for_organisations.aspx

UK – New Anti-Bribery Act The Bribery Act came into force on 8th April and contains a new framework to prevent bribery in the UK. It creates offences of offering, promising or giving or receiving a bribe. It also creates a new corporate offence by a company of failing to prevent a bribe. Additional guidelines will be published by the UK Government showing what companies should do to prevent liability for bribery. Given existing anti-bribery legislation in other countries notably in the US, companies and directors wishing to avoid liability for this should review their processes, in particular sales and marketing procedures. For more information visit: http://www.justice.gov.uk/publications/bribery-bill.htm

UK – International Data Transfers - New Model Contract With effect from 15th May, the new EU “model contract” for data transfers takes effect. Under data protection rules, international transfers of personal data are prohibited to countries outside the European Economic Area unless “adequate safeguards” are put in place. “Adequate safeguards” are ensured by use of the new “model contract” approved by the European Commission. The model contract covers transfers of personal data to “processors” (service providers) outside the EEA. This might be useful where, for example, companies wish to transfer personal data to outsourcing service providers in the USA or India in accordance with applicable data protection law. For more information visit: http://ec.europa.eu/justice_home/fsj/privacy/modelcontracts/index_en.htm

EU – Avoiding Anti-Competitive Agreements The European Commission has adopted a new “vertical agreements block exemption”. The European antitrust regime prohibits anti-competitive agreements, in particular restrictions on sales and resale price maintenance. However companies selling products within Europe are permitted to impose restrictions on their European distributors where these fall within applicable “block exemptions”. The new block exemption regulation will take effect from 1st June, with a transitional period of one year for pre-existing agreements. Companies entering distribution or sales contracts within Europe should therefore ensure their agreements fall within the block exemption to be confident their agreements do not breach competition rules. For more information visit: http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/445

EU – Review of Rules Governing Contracts with Public Authorities The European Commission has announced a review of public procurement rules. Public procurement is the process by which public authorities award contracts to companies. A transparent public procurement regime is considered important in preventing corruption and controlling the costs of public sector contracts. The EU believes its rules in this area need to respond to changing commercial realities, in particular e-commerce. The review will include producing comprehensive guidelines for member states which will in time filter through into national laws. The comprehensive evaluation of EU procurement legislation is due to be completed in Spring 2011. In the meantime existing procurement rules continue to apply. For more information visit: http://ec.europa.eu/internal_market/smn/smn57/docs/public_procurement_en.pdf

USA – Tax Breaks Under The Hire Act In order to encourage employment, the US Government has enacted the Hiring Incentives to Restore Employment Act (the "HIRE” Act). The HIRE Act provides temporary tax benefits for employers who hire unemployed workers before 1st January, 2011. Relevant employees have to obtain statements from new employees certifying that they were unemployed for 60 days before starting new work or worked less than 40 days for someone else during the 60 days period. For more information visit website: http://www.irs.gov/newsroom/article/0,,id=220326,00.html

Legal Accelerator Registers 50th Law Firm Legal Accelerator has registered its 50th law firm and now has registered members in over 25 countries. With registered experts from both large and small law firms across the globe, Legal Accelerator is becoming the one-stop shop for businesses seeking specialist international legal advice

Disclaimer: the trade mark “Legal Accelerator” is a registered mark of Legal Accelerator (UK) LLP. Copyright ©2010 Legal Accelerator and its licensors. All rights reserved. Specialist advice should be obtained before taking, or refraining from taking, actions based on comments in this document which is only intended as a brief note on the issues involved. Email us at the email address above to be deleted from this mailing list. Legal Accelerator (UK) LLP The Knoll, Garnes Lane Fulbrook, Oxfordshire. Registered in England and Wales. Regn. No. OC343649. Telephone 07908 899 408 www.legalaccelerator.com admin@legalaccelerator.com OX18 4BN.

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