Unfair contract terms: new CMA guidance for businesses

The Competition and Markets Authority (CMA) has published new guidance for businesses on the issue of unfair terms in consumer contracts. Unfair terms are not legally binding on consumers. The new guidance, which is provided in the form of a series of short-form notes, complements the guidance published by the CMA in October 2015, when the main provisions of the Consumer Rights Act 2015 (CRA) came into force.

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Issue 76

Governance: Unfair contract terms: new CMA guidance for businesses; Money laundering regime changes; New Eligibility Category for Higher Education Student Support

Procurement: Consultation on Procurement Regulation in Wales; Claim considered outside the scope of PCR 2015; Scottish Government Guidance

Employment: No requirement for all activities to be transferred for TUPE to apply in a service provision change

Data protection: ICO privacy seal

FAQ: Governance: What is the ECHR?

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ICO privacy seal

On 15 April 2016, the Information Commissioner’s Office (ICO) published a summary of responses to its consultation on the draft framework criteria for an ICO endorsed privacy seals scheme. The ICO intends that the privacy seal will operate in a similar manner to the British Standard Institute’s Kitemark symbol. It will be awarded to organisations that can demonstrate ‘good privacy practice and high data protection compliance standards.’

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No requirement for all activities to be transferred for TUPE to apply in a service provision change

In the case of Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust & others UKEAT/0267/15/RN, the Employment Appeals Tribunal (EAT) considered whether there was a relevant (service provision change) transfer under Regulation 3(1)(b)(ii) TUPE, where only part of the activities carried out by an outgoing service provider were transferred to the incoming contractor.

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