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Powers of public authorities under the Investigatory Powers Act 2016—checklist

Powers of public authorities under the Investigatory Powers Act 2016—checklist STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. This Checklist is in the process of being updated to reflect the changes. The Investigatory Powers Act 2016 (IPA 2016) overhauls the legal framework governing the use of covert surveillance by public bodies, a framework which is largely, but not exclusively, set out by the Regulation of Investigatory Powers Act 2000 (RIPA 2000). This Checklist sets out the public authorities which have the power to apply for an authorisation to obtain communications data under IPA 2016, Pt 3. Authorisations to obtain communications data...

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National Security and Investment Act—final orders tracker

National Security and Investment Act—final orders tracker This Practice Note tracks transactions in which the UK government has intervened on national security grounds under the National Security and Investment Act 2021 (NSIA 2021). Information on the NSIA 2021 can be found in the following Practice Notes: • The National Security and Investment Act 2021 • The National Security and Investment Act—implications for finance transactions • FAQs for insolvency professionals on the National Security and Investment Act 2021 Under NSIA 2021, s 26, where a transaction has been called-in for review (whether following a mandatory notification, voluntary notification, or pursuant to its call-in power), the government must, before the end of the assessment period, either: • make a final order, provided it considers that both a trigger event under the NSIA 2021 and a risk to national security has occurred or will occur (as applicable), or • issue a final notification that no further action will be taken NSIA 2021, s 26 specifies that a final order may include: • provision...

Communications data retention [Archived]

Communications data retention [Archived] ARCHIVED: This Practice Note is archived and no longer maintained. For information on the acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016 (IPA 2016), see Practice Note: Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016. IPA 2016 provides the existing legal framework governing the use of covert surveillance by public bodies. This framework previously had been largely, but not exclusively, set out by the Regulation of Investigatory Powers Act 2000 (RIPA 2000). The provisions that govern the retention of communications data are contained within IPA 2016, Pt 4. IPA 2016, Pt 4 provides for the retention of communications data by telecommunications and postal operators so it is available for subsequent access by public authorities when authorised under IPA 2016. For information about the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. Powers to require retention of certain types of data The Secretary of State may by a retention...

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Terms and conditions for the supply of services—business to business—pro-supplier

Terms and conditions for the supply of services—business to business—pro-supplier FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). This Precedent will be updated for this change in due course. For further information on the DMCCA 2024, including a detailed comparison of the CPUTR 2008 and Part 4 of DMCCA 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key provisions from a consumer protection perspective. 1 Definitions and interpretation 1.1 In these Conditions the following definitions apply: Affiliate • means any entity that directly or...

Terms and conditions for the sale of goods and services—business to business—pro-supplier

Terms and conditions for the sale of goods and services—business to business—pro-supplier 1 Definitions and interpretation 1.1 In these Conditions the following definitions apply: Affiliate • means any entity that directly or indirectly Controls, is Controlled by or is under common Control with, another entity; Applicable Law • means all applicable laws, legislation, statutory instruments, regulations and governmental guidance having binding force whether local or national [or international in any relevant jurisdiction]; Bribery Laws • means the Bribery Act 2010 and all Applicable Laws in connection with bribery or anti-corruption [and associated guidance published by the Secretary of State for Justice under the Bribery Act 2010]; Business Day • means a day other than a Saturday, Sunday or bank or public holiday [when banks generally are open for non-automated business [in England]]; Conditions • means the Supplier’s terms and conditions of sale set out in this document; Confidential Information • means any commercial, financial or technical information, information relating to the Deliverables, plans, [insert details...

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EU e-Evidence Regulation imposes new obligations on manufacturers of Connected Cars

EU Law analysis: The recently adopted Regulation (EU) 2023/1543, the e-Evidence Regulation imposes new obligations on providers of electronic communications services. The new Regulation will have direct implications on such businesses as automobile manufacturers and other businesses that offer such services. Dr Andreas Schuler of Dentons considers the new EU Regulation, how it may impact automobile manufacturers, the types of services that fall under the scope of this regulation, which types of data the Regulation concerns, proceedings and consequences for recipients of Orders.

Ireland—Department of Justice obtains High Court order to retain data for State security

The Minister for Justice, Helen McEntee TD, has obtained a High Court order which requires telecommunications service providers to retain certain data. The data includes user, traffic and location data for a 12 month period, for the purpose of safeguarding the security of the State. The Communications (Retention of Data) (Amendment) Act 2022 came into force on 26 June 2023.