The legal landscape is constantly changing, sometimes making it difficult for directors to keep up with a seemingly endless stream of new rules and regulations. Here, solicitors from Withy King’s commercial teams highlight a few recent developments and signal changes to be aware of over the coming months.
Further changes to cookies compliance
The Information Commissioner's Office (ICO) has published revised guidelines on the use of cookies. It has also set up a ‘Report your cookie concerns’ tool through which you can notify the ICO about potentially problematic websites. The latest guidelines, which replace the ones issued in December 2011, include a change in the ICO’s position on the requirements for obtaining internet users’ consent to the setting of cookies. It suggests that implied consent is an acceptable proposition in the context of storing or accessing information using cookies, at least where non-sensitive, personal data is concerned.
What’s the deal with Swaps?
If you have been involved in an interest rate Swap arrangement with your bank, you are probably aware that the main banks have now agreed to compensate customers who were mis-sold products. Compensation rates will vary from customer to customer and not all businesses will be offered money. Swaps will probably become the new ‘PPI’ issue so, if you have any concerns, it’s worth getting advice sooner rather than later.
Laws on asbestos tightened
The law’s definition of who is responsible for managing asbestos risk in non-domestic premises is very broad. Landlords, tenants and managing agents are among those who could potentially be liable. All owners of non-domestic property are required to carry out a ‘suitable and sufficient’ assessment to determine whether asbestos, or material containing asbestos, is likely to be present. As not complying with the legislation is a criminal offence and could result in a fine or imprisonment, it’s highly advisable to have an asbestos survey carried out and to follow any recommendations made.
Beecroft report may bring employment changes
The Beecroft report on employment law, now officially published after being leaked to the press last October, has received mixed reviews from employers and the legal community. The report suggests various measures aimed at stimulating employment and the economy, including further watering-down of the unfair dismissal protections, online checks for migrant workers and scrapping the new Agency Workers’ rules. The Government has indicated that some of the proposals will not be implemented and consultation remains ongoing, but employers are advised to keep their eyes open for possible changes in the next 12 to 18 months.
New Construction Act starts to bite
If you are carrying out construction work (or having it carried out for you) and it started after October 2011, then the chances are that the New Construction Act will apply to your work. Whether you are applying for payments, certifying them or being asked to make one, you need to understand the new rules. Did you know that if your employer now fails to confirm the amount due to you, you can step in and give a default notice? Or that if you don’t want to pay the full amount of LADs (liquidated and ascertained damages) then you should probably be giving a Pay Less Notice? If you haven’t checked your terms and conditions to make sure they comply then the bite is likely to be worse than the bark this time.
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