Covington & Burling LLP (LexBlog United Kingdom)

414 results for Covington & Burling LLP (LexBlog United Kingdom)

  • UK Government Outlines New Action to Tackle Biases in Medical Devices

    On March 11, 2023, the UK Government published its response (“Government Response”) to an independent review on equity in medical devices commissioned by the Department of Health and Social Care (“Review”). The Government Response is not guidance nor policy rather it is intended to act as an action plan for tackling potential bias in the...

  • UK Judge Permits “Raw” Label for Honey

    A UK judge has decided that Odysea Ltd, an artisan food company, can use the word “raw” to describe its small-batch, minimally‑processed honey. Judge Neville, of the First‑tier Tribunal (General Regulatory Chamber), gave the decision on 26 February 2024. The judgement is available here and opens with a classic reference to Winnie the Pooh: The dispute arose...

  • UK and Australia Agree Enhanced Cross-Border Cooperation in Online Safety and Security

    On 20 February, 2024, the Governments of the UK and Australia co-signed the UK-Australia Online Safety and Security Memorandum of Understanding (“MoU”). The MoU seeks to serve as a framework for the two countries to jointly deliver concrete and coordinated online safety and security policy initiatives and outcomes to support their citizens, businesses and economies....

  • Was 2023 a green antitrust year? Five sustainability related competition law developments you need to know

    2023 saw a number of developments concerning the interplay between sustainability considerations and competition policy. This blog post highlights the five key developments that businesses need to know when collaborating to achieve sustainable aims. Key takeaways Guidance but no safe harbours The European Commission (“Commission”), the UK’s Competition and Market Authority (“CMA”) and the...

  • UK ICO Launches a Consultation on “Consent or Pay” Business Models

    On 6 March 2024, the ICO issued a call for views on so-called “Consent or pay” models, where a user of a service has the option to consent to processing of their data for one or more purposes (typically targeted advertising), or pay a (higher) fee to access the service without their data being processed...

  • UK Opt-Out Class Actions for Non-Competition Claims back on Parliamentary Agenda

    Opt-out collective actions (i.e. US-style class actions) can only be brought in the UK as competition law claims.  Periodic proposals  to legislate to expand this regime to consumer law claims have so far faltered.  However, this is now back on the Parliamentary agenda.  Several members of the House of Lords have indicated their support for...

  • ICO Launches Consultation Series on Generative AI

    On 15 January 2024, the UK’s Information Commissioner’s Office (“ICO”) announced the launch of a consultation series (“Consultation”) on how elements of data protection law apply to the development and use of generative AI (“GenAI”). For the purposes of the Consultation, GenAI refers to “AI models that can create new content e.g., text, computer code,...

  • UK Government Consults on Amending Mandatory Filing Obligations for AI Acquisitions

    Recent proposals to amend the UK’s national security investment screening regime mean that investors may in future be required to make mandatory, suspensory, pre-closing filings to the UK Government when seeking to invest in a broader range of companies developing generative artificial intelligence (AI). The UK Government launched a Call for Evidence in November 2023 seeking input...

  • Consultation on Changes to the ABPI Code and UK Advertising Complaints Process

    The Holiday season of 2023 proved to be a busy one for innovative pharmaceutical companies in the UK and their legal and regulatory teams. UK pharmaceutical companies are already number-crunching through two new price control systems for 2024 (please see our blog and audiocast).  In addition to the UK pricing regime changing, there are proposals...

  • UK Regulators Target Dark Patterns

    Earlier this year, the UK’s privacy and competition regulators (the ICO and CMA) issued a joint paper setting out their concerns and expectations in the field of dark patterns – techniques designed to mislead or deceive users of online services – which the regulators refer to as “harmful online choice architectures”. As we’ve previously noted,...

  • Towards a More Interactive Merger Review Process: UK CMA Proposes Amendments

    What do you need to know? Following a call for information earlier this year, the UK’s Competition and Markets Authority (CMA) has now announced the changes it intends to make to its merger review process. The majority of the changes are to the Phase 2 process, which is only encountered in a minority of formal reviews, namely...

  • Towards a More Interactive Merger Review Process: UK CMA Proposes Amendments

    What do you need to know? Following a call for information earlier this year, the UK’s Competition and Markets Authority (CMA) has now announced the changes it intends to make to its merger review process. The majority of the changes are to the Phase 2 process, which is only encountered in a minority of formal...

  • EU Talking Life Sciences Audiocast: Major Changes to the UK’s Price Control Schemes for Branded Medicines – VPAG and the New Statutory Scheme – What You Need to Know

    Recently announced changes to the Voluntary Scheme (VPAG) and Statutory Scheme change the paradigm for the pricing of branded medicines in the UK. Innovative pharmaceutical companies doing business in the UK must decide which scheme to join for 2024 – a decision that may significantly affect margins. Tune into this episode of Covington’s Life Sciences...

  • Eight Imminent Key Changes to UK Employment Law

    From as soon as 1 January 2024, the UK Government is implementing a wide range of new employment law that will affect organizations with UK operations. Below is a handy table summarizing key changes and start dates. Some critical issues for employers include: (i) stronger workplace protections against sexual harassment; (ii) increased employee flexible working...

  • VPAG – New 5-Year Pricing Agreement Agreed between UK Government and the UK Pharmaceutical Industry Body (ABPI)

    On 20 November 2023, the UK Government and the Association of the British Pharmaceutical Industry (“ABPI”) ‒ the industry body representing the innovative pharmaceutical industry in the UK ‒ announced a new 5-year voluntary scheme for branded medicines pricing, access and growth (“VPAG”). Although the parties have announced agreement upon heads of terms, it is...

  • From Washington to Brussels: A Comparative Look at the Biden Administration’s Executive Order and the EU’s AI Act

    On October 30, 2023, days ahead of government leaders convening in the UK for an international AI Safety Summit, the White House issued an Executive Order (“EO”) outlining an expansive strategy to support the development and deployment of safe and secure AI technologies (for further details on the EO, see our blog here). As readers...

  • UK Online Safety Bill Receives Royal Assent

    On 26 October 2023, the UK’s Online Safety Bill received Royal Assent, becoming the Online Safety Act (“OSA”).  The OSA imposes various obligations on tech companies to prevent the uploading of, and rapidly remove, illegal user content—such as terrorist content, revenge pornography, and child sexual exploitation material—from their services, and also to take steps to reduce the...

  • UK Government Consults on Proposals Mandating the Disclosure of Industry Payments to the Healthcare Sector

    Roughly a decade ago, countries such as the USA and France introduced ground-breaking transparency and disclosure legislation under so-called “Sunshine Acts.”  Broadly speaking, such legislation made it mandatory for pharmaceutical companies to publish records of payments or other transfers of value made to healthcare professionals (HCPs) and healthcare organizations (HCOs). The UK followed a...

  • New MHRA Guidance on the Windsor Framework: Detail on Labelling and Packaging Changes

    On 29 September 2023, the UK Medicines and Healthcare products Regulatory Agency (“MHRA”) published further guidance (“MHRA Guidance”) on changes to labelling and packaging for medicinal products intended for the UK market (including Northern Ireland) under the Windsor Framework (agreed between the UK and the EU on 27 February 2023, please see our client alert...

  • UK Information Commissioner’s Office Releases New Guidance for Monitoring at Work

    On 3 October 2023, the UK Information Commissioner’s Office (“ICO”) finalized its Employment practices and data protection − Monitoring workers guidance (“Guidance”) to account for new types of work, including work from home, and the use of more sophisticated technologies for monitoring. In November 2022, we published a detailed blog post on the ICO’s public...

  • UK Government Announces Launch of Pilot Scheme to Accelerate Access to Innovative Medical Devices

    On 19 September 2023, the UK  Government announced the launch of the Innovative Devices Access Pathway (“IDAP”) pilot scheme. The UK already has in place an Innovative Licensing and Access Pathway (“ILAP”) for medicines.  IDAP is the equivalent for medical devices, and is groundbreaking in the UK devices space.  The IDAP scheme aims to improve...

  • ICO Encourages Organizations To Cooperate with NCSC and Flags Potential Reduction in Fines

    On 12 September 2023, the UK Information Commissioner, John Edwards, and the Chief Executive of the National Cyber Security Centre (“NCSC”), Lindy Cameron, signed a joint memorandum of understanding (“MoU”) detailing how the Information Commissioner’s Office (“ICO”) and NCSC will work together moving forward. The MoU does not create legally binding obligations between the ICO...

  • Trade secrets misappropriation: a new criminal offence in the UK

    On 11 July 2023 the National Security Act 2023 (the Act) received royal assent and became law. The Act addresses trade secret misappropriation in the context of industrial espionage by a foreign government, making the unauthorised conduct of obtaining, copying, recording or retaining a trade secret, or disclosing or providing access to a trade secret,...

  • Fast-Tracking Approval of Medicines – UK Publishes Detailed Guidance on its New International Recognition Procedure

    On 30 August 2023, the UK’s Medicines and Healthcare products Regulatory Agency (“MHRA”) published detailed guidance on its recently announced new International Reliance Procedure (“IRP”) (see our prior blog and audiocast).  The IRP will apply from 1 January 2024 and will replace and significantly expand on existing EU reliance procedures to apply to authorizations from...

  • Corporate Reporting in the UK: The International Sustainability Standards Board

    On 26 June 2023, the International Sustainability Standards Board (“ISSB”) published its inaugural International Financial Reporting Standards Sustainability Disclosure Standards (the “ISSB Standards”) (read our previous blog post on this here).  In August 2023, the UK Financial Conduct Authority (“FCA”) published Primary Market Bulletin 45, confirming its intentions to update its climate-related

  • Corporate Reporting in the UK: The International Sustainability Standards Board

    On 26 June 2023, the International Sustainability Standards Board (“ISSB”) published its inaugural International Financial Reporting Standards Sustainability Disclosure Standards (the “ISSB Standards”) (read our previous blog post on this here).  In August 2023, the UK Financial Conduct Authority (“FCA”) published Primary Market Bulletin 45, confirming its intentions to update its climate-related

  • UKIE Publishes Industry Principles on Paid Loot Boxes

    On July 18, 2023, the Association for UK Interactive Entertainment (“UKIE”), the trade body for the UK video games industry, published new industry principles and guidance surrounding paid loot boxes (the “Principles”) for application in the UK. The Principles were recommended by the Technical Working Group on Loot Boxes (“TWG”), a panel of games companies,...

  • UK Government to Recognize CE Marks Indefinitely (other than for Medical Devices and IVDs)

    Big news for manufacturers: the UK Government announced on 1 August 2023 that it will indefinitely recognize the EU’s product conformity assessment mark (the “Conformité Européenne” or “CE” mark), with respect to a range of manufactured goods placed on the UK market.  The move is a significant reversal of the UK’s previous, post‑Brexit policy.  In a bid...

  • Further Regulation of Illegal Advertising: UK Government Publishes Response to its Online Advertising Programme Consultation

    The UK Government has announced plans to introduce new rules on online advertising for online platforms, intermediaries, and publishers.  The aim is to prevent illegal advertising and to introduce additional protections against harmful online ads for under-18s.  Full details are set out in its recently published response (“Response”) to the Department for Culture, Media &...

  • UK Supreme Court Hands Down Judgment on Litigation Funding Agreements

    On July 26, 2023, the UK Supreme Court decided in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28 that litigation funding agreements (“LFAs”) — where third party funders agree to finance the legal costs of litigation in return for a percentage of any...

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