Regulatory review

December 2018

 
 

Welcome

by John Doherty (head of regulatory)
and Ed Weightman (regulatory review editor)

 
 

A very warm welcome to our first regulatory review and a big thank you for taking the time to read it.

Regulation impacts all sectors (public and private). In this new quarterly publication we offer you brief and regular updates on the most important regulatory issues affecting your work, whether you are a regulator or regulated, and whatever your sector. Our team of regulatory lawyers brings you concise commentary, expert analysis and practical tips on notable developments with cross-sector interest and importance. 

With the right guidance and support, regulatory opportunities can be found and challenges overcome and managed. We are adept at navigating complex regulatory regimes and tailoring commercially appropriate compliance programmes to maximise your competitive advantage. 

In this edition we have articles by Dan Hyde on how data is regulated - very differently - in key jurisdictions worldwide,  John Doherty on successfully managing a product recall,  
Jeremy Clarke-Williams on managing the media and 
Ed Weightman on engaging with and challenging regulators.

We hope you will find this publication helpful and informative – do please let us know! We also look forward to continuing the regulatory discussion into 2019 and the year of Brexit (perhaps!).

 
 
 

Sovereignty: the state of data 
by Dan Hyde

 
 

The approach to the security of data is one of the most significant issues facing governments, corporate entities and individuals. Despite GDPR, the first attempt at a unified law to govern the collection, control and processing of personal data, we may be witnessing the start of a philosophical divergence in the treatment of information protection across the globe. An international company doing business in Europe, the US, China and Russia, for example, is increasingly faced with regimes and policies which are very much at odds with each other.

 
 
 

Product recall: how to handle reports of a defective product 
by John Doherty

 
 

Although no sector is immune from safety incidents affecting its products, in the past decade the automotive industry has unquestionably generated the vast majority of “serious” safety defects, requiring “immediate” notification to the relevant authorities. Criticism levied against BMW and Vauxhall over their management of two recent product recall cases involving mechanical failure emphasises the need for all businesses to address safety issues promptly. While the immediate financial impact of the recall process and any accompanying product liability litigation is typically high, the hit to a brand’s reputation can drive the cost even higher.

 
 
 

Managing the media: practical steps to ensure a winning strategy 
by Jeremy Clarke-Williams

 
 

Any organisation can potentially find itself at the eye of a media storm through the foolish or negligent actions of one of its staff or the unexpected failure of one of its products. It is important to be prepared if this happens because panic and stress can reign when you are being besieged by journalists and photographers hunting down a story. While unwanted and unflattering media attention cannot be avoided totally in these circumstances, by taking some common sense steps, it should be possible to manage the message and keep the situation under control.

 
 
 

Regulatory engagement: identifying and addressing the challenges
by Ed Weightman

 
 

The decisions of government and regulators can have a major impact on businesses: new rules and regimes create opportunities and close-off others; subsequent interpretations can create liabilities. It is important for regulated businesses to engage early in these processes, to use the law to optimise their commercial position. While good practice means that policy and regulation will usually emerge from discussion and consultation, businesses can use specific challenge processes when public bodies have not acted as required and when the outcome has been prejudicial to them.

 
 
 

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