Electronic communication Definition

GLOSSARY

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What does Electronic communication mean?

The CA 2006 provides for how documents or information can be validly sent or supplied to or by a company. A document or information may be sent to a company in hard copy form, in electronic form, or in any other form or manner agreed by the company (CA 2006, Sch 4).Documents or information to be sent or supplied by a company must be sent or supplied in hard copy form, in electronic form, by making it available on a website, or in any other form or manner agreed by the intended recipient (CA 2006, Sch 5). A document or information is sent or supplied in electronic form if it is sent or supplied by electronic means (eg by e-mail or fax), or by any other means while in an electronic form (eg sending a disk by post) (CA 2006, s 1168).

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Website compliance requirements in the EU—checklist

Website compliance requirements in the EU—checklist This Practice Note provides guidance on the key legal and compliance requirements that a website operator should consider in the EU, including: • the type and functionality of the website • information disclosure requirements • consumer protection • privacy and data protection • cookies • accessibility • cybersecurity • platform-to-business • online payments • advertising, promotions and direct marketing • competition law • taxation • liability for third party content • intellectual property and respecting copyright • geographic and territorial considerations Consideration of electronic data interchange (EDI) arrangements, blockchain, smart contracts or sector-specific laws or regulations, including those applicable to financial services, intermediation services or online auctions, is beyond the scope of this Practice Note. This Practice Note only considers legislation that has been adopted. For more information on ongoing initiatives which may impact websites operating in the EU, see Practice Note: Key EU digital initiatives—summary. The type and functionality of the website The compliance requirements and applicable rules and regulations for a website...

Reviewing road show materials for US IPO—checklist

Reviewing road show materials for US IPO—checklist The following is a checklist, produced in partnership with Lexis Practice Advisor, of key factors to be considered by attorneys when reviewing road show materials for a US IPO. For a more comprehensive discussion of the considerations that go into road shows, see Practice Note: Preparing for a road show regarding a US IPO . Timing • Registered offering: ◦ the Registration Statement must be filed with SEC (section 5 of the Securities Act 1933, as amended (Securities Act)) ◦ issuers typically wait until all major SEC comments are incorporated to avoid the obligation to re-distribute an updated prospectus in the case of material changes ◦ the road show is completed before securities are priced ◦ Special cases/exceptions: ‣ IPOs: issuers may only use free writing prospectus in a road show after a section 10 compliant prospectus is filed (includes price range) ‣ Well-Known Seasoned Issuer (WKSIs)*: WKSIs may make pre-filing communications in reliance on Securities Act, Rule 163 Safe Harbor, so long...

Electronic communications: Universal Service Directive [Archived]

Electronic communications: Universal Service Directive [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note relates to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services as amended by Directive 2009/136/EC (Universal Service Directive). It is part of a series of Practice Notes on core elements of the EU regulatory framework for electronic communications. In the EU, the provision of electronic communications networks and services in each Member State is governed by a common regulatory framework which originally comprised five directives (the Framework). The objective of the Framework was to establish a harmonised framework for the regulation of electronic communications networks and services throughout the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and came into force three days after publication. The European Electronic Communications Code...

Criminal Procedure Rules (CrimPR)—update August 2022 [Archived]

Criminal Procedure Rules (CrimPR)—update August 2022 [Archived] ARCHIVED: This Practice Note has been archived and is no longer maintained. This Practice Note explains the key changes made to the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) by the Criminal Procedure (Amendment No 2) Rules 2022, SI 2022/815 which took effect from 15 August 2022. The CrimPR govern the practice and procedure to be followed in all criminal courts in England and Wales. These amendments include new rules on live links, the procedure for the Crown Court to send a case back to a magistrates’ court for trial or sentence, amendments to the service of documents in certain applications and sign language interpretation for jurors. This Practice Note explains the key changes to the CrimPR which took effect from 15 August 2022. Note that SI 2022/815 makes further amendments to the CrimPR which take effect from 3 October 2022 which are not covered in this Practice Note. For further analysis, see News Analysis: Criminal Procedure Rules (CrimPR)—update August and...

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Director’s responsibility letter—offeree directors

Director’s responsibility letter—offeree directors To: [name of offeree] (the Company) and its other directors [name of financial adviser] (the Bank) Proposed takeover offer for the Company 1 I, the undersigned, a director of the Company, understand that in connection with the offer [to be] made by the [insert name of offeror] (the Offeror) for [all] the issued [and to be issued] [ordinary] [and preference] share capital of the Company [(such offer to be implemented by means of a scheme of arrangement (Scheme) of the Company) ](the [ Offer OR Acquisition ]), 1.1 [the Offeror will or may issue or publish, or cause to be issued or published (amongst other things): 1.1.1 a document addressed to shareholders of the Company, containing information about the Offer, including full details of its terms and conditions (the Offer Document); 1.1.2 [a prospectus or equivalent document containing details of the issue of shares proposed to be made by...

Proxy form—AGM—listed public company

Proxy form—AGM—listed public company STOP PRESS: A significant restructuring of the UK listing regime came into effect on 29 July 2024 which included the removal of the premium and standard listing segments and the creation of a single listing category for equity shares in commercial companies. The commercial companies category is heavily disclosure-based and sits alongside other listing categories such as the shell companies, secondary listing and closed ended investment fund categories. A new UK Listing Rules sourcebook came into force to implement the changes and the previous Listing Rules sourcebook was revoked. For further information, see Practice Note: Reform of the UK listing regime—fundamentals. This Precedent reflects the listing regime as it was prior to 29 July 2024. [insert company name] PLC (the Company) Form of proxy — annual general meeting Before completing this form please read the explanatory notes I/we, Name of shareholder(s) [insert name(s)] In the case of joint shareholders, the names of all joint holders should be shown [insert any investor code]...

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Is it possible to find out the claim number for a High Court Chancery matter in the Rolls Building where we only have the names of the parties?

Is it possible to find out the claim number for a High Court Chancery matter in the Rolls Building where we only have the names of the parties? Non-parties, on application, may access certain documents from the court record under CPR 5.4C. Anyone wishing to obtain copies of documents to which non-parties are entitled under CPR 5.4C (See CPR PD 51O, para 15): • may use the public kiosk service at the RCJ at the Rolls Building, London to examine the electronic record of proceedings governed by the Civil Procedure Rules 1998 so as to determine whether any documents in relation to those proceedings are publicly available • must complete the appropriate office copy request form • must pay the appropriate fee Non-parties to proceedings can view and copy: • statements of case but not any documents attached to the statement of case. Court permission is not required, although the requirements in CPR 5.4C(3) must be met • other documents filed at court, communications between the court...

What impact does section 134 of the Communications Act 2003 have on alienation provisions?

What impact does section 134 of the Communications Act 2003 have on alienation provisions? Section 134 of the Communications Act 2003 (CA 2003) makes provision that in certain circumstances specified types of lease covenants restricting aspects of electronic communication services will convert from being absolute restrictions to fully qualified restrictions, ie where there is a provision imposing prohibition or restriction: • in a lease, licence or other agreement relating to premises on the choice of electronic communications service and/or provider and/or the person through whom the service is arranged is limited to and/or selected by a person with an interest in the premises, or • in an agreement for lease relating to, and/or a lease for a year or more relating to an electronic communications matter in respect of things done inside a building occupied by the lessee under the lease, or for purposes connected with the provision to the lessee of an electronic communications service this will be treated as a fully

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Tax weekly highlights—10 October 2024

This week's edition of Tax weekly highlights includes: (1) the DCMS announcement regarding the Independent Film Tax Credit for low-budget films, (2) further analysis of the Supreme Court’s decision in Professional Game Match Officials Limited, and (3) analysis of the Upper Tribunal’s decisions in HMRC v Gould and Mudan and anor v HMRC.

European Commission releases September 2024 infringement package

The European Commission has published the September 2024 infringement package, which sets out the EU Member States the Commission is taking action against for failing to comply with their obligations under EU law. The September 2024 infringement includes formal notice letters issued to 17 Member States for failing to correctly transpose Directive (EU) 2022/2464, the Corporate Sustainability Reporting Directive (CSRD) and to Spain for not fully transposing Directive 2019/1158, the Work-life Balance Directive, among other issues.

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