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More questions than answers in the Gallaher appeals The Upper Tribunal has decided in the Gallaher case that a number of questions should be referred to the CJEU prior to the end of the transition period on 31 December 2020, although Judge Beare in the First-tier Tribunal (FTT) had decided such a reference... CDEI publishes review into bias in algorithmic decision-making On 27 November 2020, the Centre for Data, Ethics and Innovation (CDEI) published its review into bias in algorithmic decision-making. While the report focusses on case studies in the financial services, local government, policing and recruitment sectors, ... Mass claims in the data sphere: what will 2021 bring? While there is plenty of uncertainty on the horizon, one thing we can expect in 2021 is some big developments in relation to collective action claims for data law breaches. These mass claims from large groups of aggrieved individuals for breaches of their... Valueclick Case: French Administrative Supreme court rules in favor of a broad interpretation of “dependent agent” In a decision dated 11 December 2020 (no 420174), the French Administrative Supreme Court (Conseil d’Etat) overturned the decision of the Paris Administrative Court of Appeal in the “Valueclick” case, which had rejected the characterization of a French se... A resilient future? European Commission proposes a new regulation on digital operational resilience for the financial sector Resilience is a buzzword on the up. According to Google Trends its popularity as a search term in the UK has steadily climbed since 2015 as the concept of resilience—the ability to recover and adapt in the face of adverse conditions—has taken root in our ... KISS - Keep it Strong and Simple Sam Woods, CEO of the UK's Prudential Regulation Authority (PRA), gave a speech in November 2020 introducing plans for a 'simpler' regime of prudential regulation for small banks and building societies. Mr Woods explained that Brexit allows the PRA to wor... The CMA's vision for pro-competitive digital markets: the SMS regime After much anticipation, on Tuesday, the CMA delivered the advice of its Digital Markets Taskforce to the government on the design and implementation of the UK's new pro-competitive regime for digital markets.  The Taskforce's advice supports the governme... Are you cookie compliant? €135 million in fines suggests now is the time to check... For any organisations who are complacent about strict cookie compliance, yesterday’s announcement by the French data regulator (the CNIL) that it has fined Google and Amazon a total of 135 million euros for placing advertising cookies on user devices with... Carbon Pricing: making polluters pay post-Brexit In many countries carbon pricing has become a key part of the journey to decarbonisation. Currently, the World Bank reports that there are 64 carbon pricing initiatives around the world which have either been implemented or are scheduled for implementatio... VAT and the sharing economy Yesterday HMRC published a call for evidence on VAT and the sharing economy. It is another piece in the puzzle of whether and how tax rules should be adapted to reflect the change in ways of doing business and the growth of the digital economy.  This time...