An introduction to some business laws

Consumer Law

1. 【 The origin of British Consumer law 】

Consumer Protection Act 1987

Prior to this Act, grievances in relation to safety of goods and services had to be taken to a civil court. This was a time consuming and very expensive process.                                                                                  

This act ensures manufacturers have to take responsibility for producing goods that are unsafe. It provides for claims of compensation for loss, injury and death. This Act is designed to ensure that products are safe, meaning it is manufactures(also trademarked name or an importer) rather than just retailers are liable if this law is broken. Anybody now has the right to claimer for damages due to problem in manufacture.

Key point of Consumer Protection Act 1987

Establishes the right of a consumer to claim compensation form a producer of a defective product if it has caused damage, personal injury or death. Anyone can claim damage — not just the person who bought the product.                                                                         

The producer of a defective product is automatically liable for any damage caused.                                                                                                                               Loss or damage to the product itself. Damage to products not intended for private use and damage to property less than £275 are excluded from this Act.   

Exception: If a producer can prove that: they did not sell the product; that there was no defect when the product was sold or; at the time of sale there was no knowledge of a potential defect; Legal requirements require the identified defect to be present; Damage was caused by the operator, not the product.                                                                   

Claims must be made within three years of damage taking place. If the product has not been circulation for more than 10 years, no claim can be made.

You need to bring your claim against producer of the product. Producer is defined as:

the producer of the product

any erson who, by putting his name on the product or using a trademark or other distinguishing mark in relation to the product, has held himself out to be the producer of the product                                                                                   

any person who has imported the product into a member State from a place outside the member States in order, in the course of any business of his, to supply it to another.

Consumer Credict Act 1974(amended in 2006)

Key piece of consumer legislation

Provides consumer protection by setting out commercial credit agreements.                                     

This law protects consumers and sets out how certain credit commercial agreements should be conducted.it does not cover mortgages or charge cards.

Provides extra protection for credit card purchases (via s.75).

the credit card company is jointly and severally liable for any breach of contract or misrepresentation by the retailer or trader.

Sets out entitlement to cooling off period.

Key point of Consumer Protection Act 2006

Regulates credit card purchases and provides protection when a consumer enters into a loan or hire agreement.                                                            

Asserts the right of the consumer to have a cooling off period.                    

Sets out strict guidelines on checking eligibility for credit and the information consumers should be provided with before signing a credit agreement.                                                                                    

Establishes the content and form of credit agreements.                                   

Establishes the method of calculating annual percentage rates of interest (APR).

Sets out how defaults, termination and early settlements are handled.                                                                                              

Specifies how credit can be advertised.                                                

Provides additional projection for consumers making purchases with a credit card.                                                                                                                                                                         

Key points of Consumer Rights Act 2015

The law protects your consumer rights when you buy goods or services.

‘Consumer’ means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

The law states that a person is not a consumer in relation to a sales contract if:

individuals have the opportunity of attending the sale in person, and the goods are second-hand goods sold at public action

Unfair terms

An unfair terms is anything that creates an imbalance in an agreement that is to the detriment of the consumerunfair terms (Black) and potentially unfair terms (Grey).

Consumers are not bound by an agreement if terms are deemed unfair.                                                                                             

Businesses using unfair terms can be stopped doing so - even if no one has complained.

Terms must be fair, transparent and written in plain English.

Competition Law

The Enterprise Act 2002 has developed the Competition Law in UK. It has reestablished competition authorities, renewed merger control system, amended market investigation regime and stipulated super complaints and competition director disqualification. The Enterprise Act 2002, thus, leads the competition legislation into a new era.                                   

It is now quicker and easier for individuals to bring claims to the Competition Appeals Tribunal.

                                                     

1. 【 Main provisions of UK Consumer Law 】

The Act is divided into three parts, a total of 101 Sections, the first part of a total of five chapters, the main provisions of general goods, digital products and services and other content; Part 2 is not divided into chapters, but the contents of unfair clauses are specified in detail; Part 3 consists of six chapters, including miscellaneous and other general provisions on enforcement, competition law, competition appeals courts, etc.

The revision mainly includes the following changes: (1) Remedies for quality defects of general commodities and digital products; (2) unfair terms of the contract; (3) Legal consequences of business operators violating competition law; (4) Public law enforcers will have more flexibility when faced with issues that are not clearly defined in the consumer rights law, for example, law enforcers can seek better remedies for consumers whose legitimate rights and interests have been infringed.

In addition, it is worth noting that the above changes in the new consumption law also cover two new areas: (1) Chapter 3 of the Consumer Rights and Interests Law stipulates, in the form of a special chapter, the contractual liabilities of digital products, including computer or mobile phone applications, movies, TV programs, e-books, etc., which clearly stipulates that when there are defects in digital products (such as online movies, games, e-books), consumers have the right to request the operator to repair or replace them; (2) Specify how the business operator shall adapt its goods or services to the terms of the contract and what responsibility it shall bear if it fails to exercise reasonable care and care. For example, when the goods or services promised by the operator do not conform to the actual delivery, the consumer has the right to claim repair, replacement, price reduction or refusal to receive.

Major changes in the new consumption law

(1) First contract information

According to the 2013 Consumer Contract Rules, operators should provide consumers with specified pre-contract information, including details of payment, delivery process and after-sales service.

Due to the particularity of product attributes, there is also a certain difference between the pre-contract information of digital products and ordinary commodities, such as Section 37 (2) and (3) of the new Consumption Law stipulates that digital products not only need to provide product parameter information, but also should clarify the compatibility with its related supporting hardware and software equipment.

According to the provisions of Section 12 of the New Consumption Law, the pre-contract information related to the main characteristics of the commodity is an important part of the contract content, and the series of information mentioned above will become the implied terms of the contract. If the operator violates the provisions of the implied terms, the consumer has the right to ask the operator to bear all the losses caused by it.

Implied terms are also an important part of service contracts, and operators should provide consumers with quality services at a reasonable price and in a prudent manner within the time limit stipulated in the contract. The content of implied terms is further supplemented and clarified by the new Law, which aims to incorporate express representations and declarations into the terms of the service contract, taking fully into account all oral or written representations made in connection with the provision of services at the time of the conclusion of the contract.

(2) Statutory guarantee

Section 30 of the New Consumption Law mainly provides for the statutory guarantee of contractual liability. This Section specifically stipulates the statutory guarantee content of ordinary commodities, digital products, services, etc. in the form of a total of 10 paragraphs, and then replaces the provisions of the implied terms of contracts in the Sale of Goods Law of 1979. Further clarify the legal guarantee of liability in terms of quality of goods, suitability of goods, use value of goods, delivery time, etc. Section 28 (3) of the Act provides that, unless otherwise agreed by the parties, the delivery period is generally 30 days by default. According to the provisions of Section 29 (2) of the Act on risk transfer, the risk of damage and loss of the commodity does not transfer before the commodity is actually delivered to the consumer and is still borne by the operator.

In addition, the new consumption law establishes new statutory guarantee rules for digital products, which are currently considered goods or services mainly based on their content carriers. However, under the law, the new statutory guarantee rules applied to ordinary goods will apply to all digital goods, meaning that even networks and digital services will be considered goods. Unlike regular goods, trial versions of digital products are not subject to the warranty clauses of the contract.

Regarding the statutory guarantee of service contracts, the new Consumer Law also clearly stipulates that, if the contract does not explicitly agree on the guarantee of services, the law provides legal protection for consumers, that is, operators should execute the service matters agreed in the service contract within a reasonable time, at a reasonable price and in a prudent manner, and fully protect the basic rights of consumers in the service supply.

(3) Legal relief

Based on common law principles, the new law establishes statutory remedies for goods with defective quality. For example, a consumer may exercise a right of reasonable refusal to accept any goods for a reasonable period of time. According to Section 22 of the new Consumer Law, except for short-term perishable goods, consumers can exercise the "early rejection right" within 30 days of purchasing the defective product, even if the statutory early rejection period has been exceeded, according to Section 24 of the law, as long as the consumer has not exercised the "final rejection right" within six months, it can still request the repair or replacement of the defective product. In addition, if the repair or replacement fails to solve the problem existing in the defective product, the consumer will be entitled to claim a partial or full refund.

At the same time, Chapter 3 of the new Law introduces specific rights and corresponding remedies for digital products, such as the download of online games, software patches and repair or replacement of other digital products, in the case of ineffective repair or replacement, consumers can take a partial or full refund of the final remedy. More importantly, Section 46 of the Act also introduces the right to compensation for damage to consumers' original electronic equipment and application software caused by defects in digital products. As long as consumers can prove that the operators of digital products have failed to exercise reasonable and careful duty of care, consumers can claim repair, replacement, price reduction or compensation.

In addition, according to the relief rules of Section 55 and 56 of the New Consumer Law on service contracts, if the service provider fails to provide the quality services agreed in the contract in a reasonable and prudent manner, the consumer can take two ways to remedy: first, the service provider provides part of the service or performs all the services again; The second is to reduce service charges and compensate consumers for the losses caused by unenjoyed services.

(4) Unfair terms

1. Fairness test

In 1977, the British Unfair Contract Terms Act put forward the concept of "unfair contract terms" for the first time, that is, if the contract agreement violates the requirements of the principle of good faith, it will lead to a significant imbalance in the rights and obligations of both parties to the contract, and it is easy to damage the legitimate rights and interests of consumers. Unless the precautions are not stated in the contract, the "fairness test" is generally reflected by the "unfair precautions". It is worth noting that a significant change in the new consumption law is to put forward a new "significant" requirement - the "relevant terms" of the price agreement between the contract subject and the contract object, according to the provisions of Section 64 of the new law, as long as the two are "transparent and significant", they will be excluded from the fair terms test.

2. Transparency test

According to Section 68 of the Act, all written terms provided to consumers must be "transparent and conspicuous", where "transparent" means "easy to understand", the written form must be legible, and the original meaning of the contract should be expressed in plain and easy to understand language; "Significant" means a transparent way to attract widespread consumer attention. The current legal norms on consumer rights only provide for the requirement of "transparency", but not the requirement of "significant", and the new law's combination of the two means that operators should ensure that the relevant provisions attract sufficient attention from consumers.

In addition, although the contract form clause does not automatically cause unfairness, it will cause additional review of the clause, which is not conducive to the conduct of the transaction. In order to resolve the current dispute between operators and consumers over the testing of contract terms transparency, the UK Competition Authority will provide guidance on this new requirement to facilitate the development of transparency testing.

3. The "gray" list

A "grey" list is a list of unfair clauses in a contract that are deemed to be non-indicative and non-exhaustive and which may be considered unfair without any reason being given.

Section 62 of the new Consumption Law presumes the current "grey" list of unfair clauses from three new dimensions: first, the contract clause that allows the operator to determine the main characteristics of the contract object after the contract is signed; The second is the contract clause that allows the operator to determine the price of the subject matter after the contract is signed; The third is a contract clause in which the consumer decides not to enter into or perform the contract, or in which disproportionately high charges are incurred when the operator fails to provide the service.

4. Consumer considerations

The attention of consumers is widely defined as the attention of regulating the relationship of rights and obligations between operators and consumers and limiting the responsibility of operators. This definition includes the terms of communication presented in written announcements as well as orally.

Previous legislation did not explicitly cover consumer attention, but the new law has more explicit provisions on this, which treats consumer attention as the same as contract terms, in order to ensure the fairness of the transaction system, transaction terms, and transaction parties. Therefore, operators must be aware of the specific connotation of consumer attention to ensure compliance with the fairness clause test.

5. New equitable responsibilities

As long as any of the parties raises a challenge to the fairness of the contract terms in the proceedings, the court is obliged to review the fairness of the contract terms. In fact, the Court of Justice of the European Union has long considered the issue of equitable liability in judicial practice. This change may lead to the court's increasingly strict review of the contract terms, even if the consumer does not complain about the fairness of the contract terms, but the court based on the consideration of fair responsibility, will also identify the unfairness of the relevant terms of the contract, which may further lead to the wrong understanding of the connotation of the new consumer law, resulting in the wrong application of the law.

Based on the above series of changes in the new Consumer Law, operators should review and update the mode of operation of networks and entities in a timely manner to adapt to the newly promulgated "Consumer Rights and Interests Law".

At the same time, in view of the application difficulties caused by the diversity and complexity of the original consumer rights protection rules in judicial practice, the new Consumer Law integrates and simplifies the 2008 Consumer Rights Protection Rules in Unfair Trade, the 2013 Consumer Contract Rules and the 2014 Consumer Rights Protection Rules (Amendment). On the basis of integrating the existing legal norms, the transaction rules and legal relations between operators and consumers are further clarified, and a more unified, concise and practical consumer rights and interests law is created. Since then, the new "Consumer Rights Law" will become the core norm of consumer rights protection in the UK.

3.【 Case study on Consumer law 】

Britain's Financial Services Authority fined Prudential, an old British insurer, £750,000 on March 6th. The reasons were misconduct in the sale of life insurance linked to mortgages, as well as "flaws" in the mechanism for selling the service, which left policy holders with losses when the stock market fell.

It is the latest example of the FSA's handling of consumer harm. There are numerous examples of similar penalties harming consumers in UK financial services. In addition to the financial sector, the rights and interests of British consumers will also be protected in various consumption areas that are closely related to people's lives, such as tourism, the use of public facilities, education and health care.

At present, the rights and interests of British consumers are relatively well protected, mainly for two reasons. One is the role of strict law enforcement by various agencies and organizations that safeguard consumer rights and interests, and the other is to pay attention to the long-term subtle impact of credibility on people.

From the first point of view, the Office of Fair Trading, the Consumer Association and the trading standards bodies scattered throughout the residential area have clear and strict regulations from the legal aspects. Of the Office of Fair Trading's two main functions, the first is to protect the interests of consumers, and the second is to ensure fair competition for businesses. Supervising the implementation of various trading laws and regulations, regulating business practices, and accepting consumer complaints are among its purview. In addition to receiving complaints, consumer associations make a big part of their work by informing consumers how to protect their interests and letting people know what their rights are. Consumer Association press officer Whiteley told reporters that the association's main mission is to help consumers get better goods and services through research, through a variety of publications to provide consumer guidance and various types of information. The Consumer Association's programs touch on all aspects of life, such as financial services, prices of various goods, food safety, unfair mortgages and health care. Since January this year, the Consumer Association has launched seven or eight important services for consumers, including reporting financial misleading advertisements, measures to guard against merchants' fraudulent behavior, how to identify and guard against fraudulent behavior in the sale of second-hand cars and real estate fund investment risks.

From the second point of view, as a mature business society, British society advocates a high degree of credibility. It has become fashionable to pay attention to reputation in all fields of service. Especially in the retail industry, whether it is a large shopping mall supermarket, or street stalls, businesses generally do not dare to sell fake and shoddy products, otherwise, once a complaint, the light will suffer a lot of reputation loss, the heavy will be sued. On the other hand, customers also have a lot of trust in the pricing or product quality of the merchant, and believe that the merchant will not profit by deceptive means. Over time, a good relationship between merchants and customers has naturally formed. As a result, bargaining is rare, even in markets or small shops, except in stores where prices are set. As far as the reporter knows, it is very rare for customers and shops to dispute over price issues or quality issues.

Reporters interviewed in some retail stores in London, whether it is retail stores, or supermarkets, although there is no such thing as "customer is God" slogans or signs, but this awareness seems to have been firmly rooted in the hearts of both the store and the customer. Especially some relatively small shops, the service is warm and meticulous, even if the customer chooses the goods to ask the relevant questions, buy and do not buy will not be white eyes, and you can still hear the words "welcome again" when you leave. In addition, if the purchase is not satisfied with the product, the store has a basic promise to return the product and exchange it, and this promise is printed in black and white on the receipt that the cashier calls the customer. For example, safeway, the UK's third largest supermarket chain, says on its receipts: 'If you are not entirely satisfied with the store after purchase, you can return or exchange any item.' Bally, one of the world's leading leather shoe stores, says on its payment receipt that buyers of shoes that have not been worn since purchase can return them within three months of the original price, and discount items can be returned within 28 days of the original price.

In terms of protecting consumer interests, the reporter learned a new situation in the interview is worth mentioning. To encourage consumers to be more active in fighting for their rights, the Office of Fair Trading even launched a campaign on 22 January this year to encourage consumers to bargain more when shopping. The Exchange Bureau advised consumers not to be ashamed if they feel that something is not worth it or if they are not satisfied with it. Of course, arguing is not being bossy.

As the form of online sales becomes more and more popular, the problem of online sales service becomes more and more prominent.

Recently, the Office of Fair Trading spot-checked a number of different sales websites in the UK and found that more than half of them did not indicate the company's return or exchange policy. In response, the UK Office of Fair Trading has also strengthened supervision and management. John Vickers, the head of the Office of Fair Trading, said: "Failing to inform consumers that they have the right to cancel a transaction or a full refund breaches the new distance selling rules and this must change." It has also launched a consumer education campaign in response to the fact that most shoppers are unaware that the rules governing other forms of retail also apply to online shopping. This activity included the issuance of a handbook containing information on consumer rights in distance marketing legislation. Inform consumers that they are entitled to a full refund if they do not receive the purchased goods or services by the agreed date, or within 30 days of the transaction without an agreed date. Consumers also enjoy a "cooling-off period" during which they can cancel the transaction without any reason.

According to a report by the Office of Fair Trading, the UK economy has become increasingly consumer-led. There is increasing competition for daily consumption, public facilities, healthcare, book publishing and air transport. As far as possible to meet the needs of consumers, to respond to the needs of customers, the benefits of businesses are huge, and the stability and gradually expanding customer groups can not be underestimated for the development and growth of the company. Businesses consciously safeguard the interests of consumers, that is, safeguard their own interests.

GDPR

The Data Protection Act (Data Protection Act) is a law enacted by the United Kingdom in 1998, which specifies that citizens have a legal right to obtain all information and data about themselves, and allows citizens to correct errors in personal data. In addition to some information related to national security, trade secrets or personal privacy is subject to legal norms and shall not be disclosed, at the same time, it strictly regulates the unauthorized disclosure of taxpayer information by tax authorities to third parties.GDPR begins here.

1.【 The origin of GDPR 】

In the 1980s, under the legal framework of EU data protection, the UK gradually adopted legislation to protect personal data and privacy. In 1981, The European Parliament has adopted The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data The European Convention on Personal Data is the world's first international convention on the protection of personal data. In 1984, the UK Parliament passed the first Data Protection Act (DPA), which proposed the basic principles of personal Data Protection, prohibiting data subjects from holding personal data without registration and establishing a Data Protection Registrar (Data Protection Registrar). DPR and the Data Protection Tribunal (DPT), which act as the regulatory body for law enforcement and the ombudsman body, respectively.

In 1995, the EU promulgated the Directive on the Protection of Individuals in the processing of Personal Data and the Free Movement of such Data (95/46/EC), the Personal DataProtection Directive (DPD). Explicitly protect the rights and freedoms of natural persons in the processing of personal data (in particular the right to privacy) and promote the free movement of personal data within the Community. In accordance with the directive, the British Parliament enacted a new version of the Data Protection Act in 1998, which clarified the rights, obligations and responsibilities of data controllers in the processing of personal data, and proposed that citizens have the right to access data related to themselves. It also calls for the establishment of an "Information Commissioner" (IC) as an independent official for personal data protection, to safeguard the right to data protection and freedom of information, to supervise the principled use of personal data by data controllers, and to safeguard citizens' right to data access and right to information. In 2002, the European Union promulgated the Directive on the processing and Privacy protection of Personal Data in the field of Electronic Communications (2002/58/EC), namely the Privacy and Electronic Communications Directive (PECD). Member States are required to ensure the free flow of personal communications data in the light of the equivalent rules for the processing and protection of privacy of personal data in the field of communications. In 2003, the UK Parliament passed the Privacy and ElectronicCommunications Regulations (PECR), which requires electronic communications service providers to protect end-user information, and the Information Commissioner is responsible for overseeing the implementation of PECR.

In 2016, the EU adopted the General Data Protection Regulation (GDPR) on the Protection of Personal Data Processing and the Free movement of Data by natural Persons, which replaced Directive 95/46/EC. While expanding the rights of data subjects and the scope of legal application, the GDPR further refines the basic principles of personal data processing and is considered to be the strictest personal data and privacy protection regulation. The full implementation of the GDPR means that the protection and supervision of personal information in the EU has reached an unprecedented height, the GDPR is the most stringent Data Protection Act in history, and any violation of the GDPR will result in a fine of 10 million to 20 million euros, or 2% to 4% of the company's global annual turnover, whichever is the largest. On this basis, in 2018, the UK Parliament passed a new version of the Data Protection Act, which clearly sets out the rights and responsibilities of individuals and organizations for data protection. Large fines will be imposed on organizations that do not comply with regulations and laws. It is currently 17.5 million or 4% of global turnover, whichever is higher.

1. 【 Main provisions of UK GDPR】

The EU GDPR was adopted in May 2018 and remains in force until January 1, 2021, leading the UK to adopt its own sovereign data privacy regime after Brexit. The United Kingdom General Data Protection Regulation (" UK GDP ") serves as the "reservation Act" version of the EU GDP. It guarantees the same right to compensation in respect of compensation for non-material damage. While almost identical to its European predecessor (for now), the UK's newfound independence allows it to review the framework and change the law as it sees fit.

European Scheme for Compensation for non-material damage

Domestic courts across Europe have favoured a different approach to the question of when a right to compensation should be brought (and whether the threshold of sufficient "injury" should be met) in order for non-material damage claims to succeed.

The Austrian Supreme Court referred key questions on the issue to the Court of Justice of the European Union ("CJEU") in April 2021, but failed to clarify the approach to be taken and whether the threshold of harm must be met. The court's ruling was eagerly anticipated. Post-brexit, UK courts are not bound by CJEU rulings, although they may continue to consider the CJEU's position when interpreting the UK GDPR.

British position

There have also been cases in the UK. In June, fitness chain Total Fitness Clubs LTD became the subject of a lawsuit over a recent data breach. A man is reportedly seeking compensation in the High Court for anxiety and distress, claiming he suffered losses after his personal data, including his name, address and bank details, were stolen from his company's servers in a cyber attack.

UK courts also continue to hear cases relating to alleged breaches of the Data Protection Act 1998 ("DPA 1998"). The forthcoming Supreme Court ruling in Lloyd v. Google will clarify whether damages can be recovered even if there is no monetary loss or suffering from a "loss of control" of data. The case could be of value to a UK court for the degree of "harm" required to determine an alleged breach of the UK GDPR and the grounds for compensation.

As mentioned above, the current rules in the UK on immaterial damage are similar to those under the EU data protection regime. However, with the UK government providing strong indications that significant changes to the UK's data privacy regime may be imminent, claims for non-material damages remain uncertain.

What changes to the UK data protection regime are being discussed?

In September 2020, the UK government published the National Data Strategy for public consultation: the main focus is to develop a world-leading digital economy that will drive economic growth, innovation and efficiency across the UK's public services.

The strategy also aims to remove "unjustified" barriers to data transfer. A few weeks ago, the government released a statement on international transfers, setting out a list of priority jurisdictions for countries such as the United States, Singapore and Australia to consider for adequate decision-making.

More recently, on 10 September, the UK government published a consultation paper entitled "Data: a New Direction", which focuses on building "an ambitious, pro-growth and innovation-friendly data protection regime that supports the trusted use of data" in line with the National Data Strategy. The changes to the Information Commissioner's Office, with a greater focus on efficiency and growth, are expected to be part of a wider overhaul. Reforms to the accountability framework are also proposed and may affect existing rules on subject access requests, Cookie consent, designation of data protection officers, data protection impact assessments, requirements to maintain records of processing activities, thresholds for notification of data breaches, etc.(Manyue 2021)

3.【 Key point of legislation 】

Lawfulness, fairness and transparency  - (a) processed lawfully, fairly and in a transparent manner in relation to individuals                                                                                                

Purpose limitation- (b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.

Data minimisation — (c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

Accuracy - (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay.                                                                          

Storage limitation - (e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals (‘storage limitation’).                                                                                       

Integrity and confidentiality (security) - (f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).                                                                               

3.【 Case study on GDPR 】

Case 1: Amazon: The processing of personal data does not comply with the GDPR

According to the US e-commerce giant Amazon's public regulatory filings, on July 16, 2021, the Luxembourg National Data Protection Commission (CNPD) ruled that Amazon had failed to protect its user data and violated the GDPR, and was fined a heavy 746 million euros, which is the largest single fine made by the GDPR. In response, Amazon said in a statement: "We have not compromised data and do not provide customer data to any third party. We strongly disagree with the CNPD's decision that the CNPD only relied on a subjective judgment of European privacy law regarding how we serve relevant ads to our users, and even if it were to stand, the fine would be far higher than the appropriate standard.

Violation analysis: The reasons for penalty mainly include data security issues and information provision problems when using personal data to provide advertising services.

Case 2: Whatsapp: Insufficient information provided to users (transparency)

On September 2, 2021, the Irish Data Protection Commission (DPC) announced that it had fined WhatsApp Ireland Limited $225 million. The DPC's investigation into the company, which began on December 10, 2018, primarily examined whether WhatsApp was complying with its GDPR transparency obligations regarding the provision of information and information, such as providing data subjects with information about how information is processed between WhatsApp and other Facebook companies. After an investigation, the Irish Data Protection Commission concluded that WhatsApp's handling of personal data was not transparent, and based on the decision passed by the European Data Protection Commission, WhatsApp was fined a large sum, which is now the second largest fine since the GDPR came into force.

Violation analysis: Personal data is not transparent, which violates the principle of transparency.

Case 3: Klarna: Incomplete information provided to users

Klarna is a financial company involved in processing large amounts of personal data. The Swedish Privacy Protection Agency (IMY) imposed a fine of €720,000 on Klarna Bank on March 28, 2022, after investigating the company's compliance with GDPR. In the course of its investigation, the Privacy Protection Agency (IMY) was concerned about how the company informed it on its website about the processing of personal data in accordance with the Data Protection Regulation, the IMY said in its findings: Klarna did not provide information on the purpose and legal basis of the processing of personal data in some of the company's services; When sharing data with foreign credit information companies, the company provided incomplete and misleading information about recipients. For example, Klarna does not indicate which countries outside the EU/EEA the personal data is transferred to, and information on the protection measures for the individual in case the data is transferred to a third country; In addition, the company provided insufficient information on the rights of data subjects, including the right to delete data, the right to carry data, and the right to object to the processing of personal data.

Violation analysis: violating the principle of transparency; Insufficient information is provided on the rights of data subjects.

Employment Law

Labor law is a general term for regulating labor relations and other social relations closely related to labor relations. The forms of labor law vary from country to country, but most of them include the following basic contents: Labor and Employment Law, Labor Contract Law, system of working hours and rest periods, labor remuneration, labor safety and health, system of special protection for women workers and minors, system of labor discipline and reward and punishment, system of social insurance and labor insurance, system of employee training, system of trade unions and democratic management of workers, Procedures for handling labor disputes, supervision and inspection of the implementation of labor laws, etc.

 Since the 19th century, with the development of the industrial revolution, labor law has played an increasingly important role in the legal system of various countries, and gradually separated from civil law and became an independent legal department. In 1802, the British Parliament passed the world's first labor law, the Health and Morality of Apprentices Act, which prohibited the use of apprentices under the age of nine in textile mills and limited working hours to 12 hours a day, while prohibiting night shifts. Labor law begins here.

1.【 The origin of British Labour law 】

   When it comes to the origin of labor law, we have to mention the industrial revolution.

The Industrial Revolution was of great significance to the course of human history, and a series of inventions represented by the improvement of the steam engine greatly increased productivity. Urbanization and industrialization have brought an unprecedented increase in people's material level, but under the bright appearance, workers have ushered in a dark moment.

Before the Industrial Revolution, the British "enclosure movement" (one of the means of bourgeois capital accumulation, large-scale violence to forcibly take away the common land used by farmers, and then transferred to private land) destroyed the original family farms and family workshops of production relations. A large number of farmers and family owners have become workers and wage farmers who have no means of production and can only produce by selling their labor power. From the late 18th century to the early 19th century, the booming industrial revolution brought a huge number of industrial workers, and labor relations appeared on a large scale for the first time in human history, which became the basis of capitalist production mode. However, labor laws did not follow, and employers tried to suppress wages, extend working hours, and ignore safety and health. The working day in Britain has been extended to 14, 16 and even 18 hours a day and night.

The fundamental reason for this current situation is that during this period, the bourgeoisie gradually broke away from the bondage of theocracy and kingship in feudal society, and the freedom of contract matched by laissez-faire ideology filled the legislation, requiring the free exchange of wage labor, and the labor relationship was regarded as a pure creditor relationship between two equal personalities. Any act contrary to the freedom of contract is illegal, such as labor union and solidarity is regarded as distorting the supply and demand of the labor market, affecting the trading order, and even considered to constitute a criminal conspiracy crime, and the organization of trade unions is strictly prohibited.

However, these so-called freedoms in Labour relations are not real freedoms; the bourgeoisie and the new aristocracy, who possess the means of production, "freely" exploit the working people, while the proletarians can only "freely" submit to the wage-labour system and accept bourgeois exploitation in order to survive.

This was not just a disaster for workers, but for society as a whole. The Industrial Revolution caused severe environmental damage, polluted air increased the risk of tuberculosis, epidemic cholera caused by raw sewage, high rates of child disability and abnormal mortality under the factory system. The streets where the working poor live are often unpaved, potholed and littered with garbage, with no drains and only stagnant pools of stinking water, parts of the city have no sewers, there are no soaks or latrines near their houses, and at least 50,000 people dump their garbage and excrement into ditches at night. The gas emitted by a large number of dirty things is seriously damaging the health of the residents."

In the late 18th and early 19th centuries, the struggle of the proletariat against the bourgeoisie developed from a spontaneous movement to an organized and conscious one, with the mass of workers demanding the enactment of laws to shorten working hours.

Under the pressure of poor living conditions, a serious shortage of high-quality labor, and the tireless struggle of workers, the law has finally changed.

In 1802, the Health and Morals of Apprentices Act decreed that apprentices under the age of nine could not be employed in textile mills, that child labourers could not work more than 12 hours a day, and that night work was prohibited. This law promoted a qualitative change, it was designed to protect the interests of the working people, and thus opened a new page in the history of legislation. Thus, the Apprentice Health and Ethics Act is the hallmark of what is now recognized as Labour law.

The Health and Ethics of Apprentices Act was followed by five Factory Acts, which gradually extended restrictions on working hours and improved working conditions to the entire industrial sector. Although the restrictions on the freedom of contract began to increase, the status of the freedom of contract remained unshaken, the legislation was uneven and incomplete, and the development of labor law was still very slow.(Fashizihao 2022)

The first really important factory act in 1833, generally applied to textile factories, restricted the employment of young people under the age of 18, as well as children, and prohibited night work between 8.30pm. And 5.30 am and first for the "inspectors" to enforce the law. It is based on the act of Michael Sadler, in this connection after the name Lord ASHLEY, Earl of Shaftesbury from 1832. The importance of the act lies in its skilled inspection of the provisions, and therefore the importance of the enforcement of laws by independent persons unrelated to the place where the manufacturer is located to protect labor legislation. Their power is to a certain extent judicial, absorbed by the person possessed by the Lord Chancellor. They can administer oaths and make "rules, regulations, and orders" necessary to enforce the Act, and can hear complaints and impose fines under the Act.

The 1901 judgment Taff Vale Railway Co v Amalgamated Railway Servants Association, [6] made the union liable for economic tort costs of industrial action. While a combination of employers in a company can dismiss employees without notice, a combination of employees in a union cannot do the same without sanction by withdrawing their labor. In the 1906 British General election. The Liberal government and the liberals, among whom David Lloyd George and Winston Churchill were rising stars, quickly passed the Trade Disputes Act 1906 with additional support from the Migrant Workers' Party. This envisions the principle of collective labor law that any strike "contemplated or facilitated in a trade dispute" is not subject to discriminatory civil law sanctions. The Old Age Pension Act of 1908 provided some security for those who retired, the Board of Trade Act of 1909 created a fixed minimum wage for industrial panels, and the National Insurance Act of 1911 imposed fees to ensure that unemployment received benefits in the event of unemployment.

Beginning in 1979, the Conservative government in the United Kingdom adopted a strongly skeptical policy toward all forms of labor law and regulation. It opts out of the social chapter. This approach reflects the policy trends of the 1980s, with ten actions that reduced the power of unions. Reform the internal structure of the union, require elected representatives, and vote before a strike, no workers can sympathize with secondary actions with workers who have different employers, and employers cannot operate a system of closing shops and requiring all workers to join a recognized union.

In 1997, the New Labour government took the UK into the EU social chapter and since then it has been the source of most reforms to British law. This 1998 National Minimum Wage Act established a nationwide minimum wage, but made no attempt to revitalize the wage board system. This Employment Relations Act 1999 introduced a 60-page procedure requiring employers to compulsatively recognize and bargain with unions, although union membership remained at a steady 30 percent level. Although the UK retains largely the same legal framework as it developed in the 1980s, globalisation, Europeanisation and increased successful workplace engagement models ensure that further changes will follow.（wikipredia 2024)

2.【 Main provisions of UK Labour Law 】

 The core contents of UK Labour law are as follows,Such as:

(1) Every employee has the right to receive within 2 months of the commencement of employment a statement of the terms of employment, which must include basic terms such as hours of work, wages, sick leave, holidays, notice periods, grievance procedures and disciplinary procedures;

(2) Working hours ordinances are generally used to limit the working hours of employees;

(3) Every employee is entitled to the statutory minimum period of notice;

(4) In general, if an employee has been employed continuously for at least 51 weeks, he is entitled to claim for unfair dismissal if he is dismissed or forced to resign;

(5) In the event of dismissal, each employee shall be entitled to compensation for unfair dismissal in an amount exceeding the sum of the employee's wages, bonuses and benefits during the notice period;

(6) The court may award an increase in the amount of compensation if the employer fails to enforce the order to reinstate or reemploy the employee;

(7) Whether it is fair to dismiss an employee by redundancy or other means depends on whether the dismissal has followed established procedures. In a few cases, employers can dismiss employees for extreme behavior without paying compensation;

(8) Compensation for employee claims is only possible through a legally binding settlement agreement signed by the employee and his lawyer;

(9) If the company is sold, employees automatically move with the company. In general, it is necessary for the employee to be assured by the seller of compensation in respect of redundancy or unfair dismissal payments, or of all other payment obligations that the buyer would take over in the absence of such guarantees;

(10) When an employer has five or more employees, the employer is obliged to appoint a pension trustee to assist in pension arrangements.

The Employment Relations Act 1999 and 2004 provided for and strengthened the powers of trade unions to negotiate on behalf of employees with employers. The Employment Act 2002 further expanded provisions such as family leave, dispute resolution and fixed-term employee rights. The 2008 European Communication and Consultation Directive obliges businesses with more than 50 employees to keep employees regularly informed about their company. Other legal provisions include the prohibition of sex discrimination, the rights of pregnant workers and employee stock ownership.

Employees over the age of 18 shall not work more than 48 hours per week, unless the employee voluntarily works overtime or the industry has special regulations. Actual execution hours averaged 39 hours per week. If an employee works overtime, the employer has to pay twice as much as the usual salary on Sundays and holidays.

From April 1, 2020, the Minimum Wage will be divided into four levels according to the age of workers: workers who reach the age of 25, the minimum wage is the "National Minimum Wage" (£8.72 / hour); The minimum wage for 21-24 year olds is £8.20 an hour; The minimum wage for 18- to 20-year-olds is £6.45 an hour; The minimum wage for under-18s is £4.55 per hour. The minimum wage for apprentices is £4.15 an hour.

【 Pension 】 The United Kingdom implements a unified pension scheme - the National Second Class Pension Insurance (S2P). At present, the UK is gradually implementing a pension scheme according to the number of employees, and employers are obliged to automatically declare pension insurance for employees (divided into occupational pension schemes and out-of-plan), and will cover all employers by February 2018, and employees can voluntarily choose whether to join the scheme.

Social Insurance (i.e. National Insurance) An insurance benefit provided by the British government for workers' compensation, sickness, unemployment and the elderly.

Full-time employees are entitled to 28 days of paid leave per year, including 8 public holidays.

[Impact of Brexit on Labor law] The content of EU labor law has been basically incorporated into British domestic law and will continue to be used during the transition period. Whatever the future relationship agreement between the UK and the EU, the relevant aspects of British Labour law will not change significantly in the short term.

3.【 Key point of legislation 】

Recruitment

Terms and conditions of employment

Data protection

Holidays

Working hours

Remuneration

Health and safety regulations

Maternity, paternity and parental rights

Discrimination

Grievance procedures

Dismissals

Whistleblowing

Employment tribunals

TUPE and redundancy

4.【 Case study on labor law 】

  Uber's drivers in the UK should be treated as employees and entitled to workers' rights, including minimum wage, rest time and paid holidays, Britain's Supreme Court ruled on Monday.

International media believe that the ruling will have an impact on Uber's business model and could have broad implications for the "gig economy" that accommodates more and more jobs.

【 Enjoy labor rights 】

"Supreme Court unanimously rejects Uber Appeal." Justice George Leggett said the ruling "tends to give some protection to vulnerable individuals who have little or no say in their pay and working conditions."

In 2016, dozens of Uber drivers sued the company in a London labor arbitration court. Given the long hours spent working on Uber's ride-hailing app and the way Uber supervised the work, the plaintiffs argued that they were entitled to employee status. Different levels of court ruled in favor of the plaintiffs in 2016, 2017, and 2018.

Uber maintains that its contracted drivers are self-employed, arguing that they choose when and where they work and often use rival mobile apps to find passengers.

According to the ruling, Uber sets fares, contract terms, punishes drivers who refuse or cancel rides, manages drivers with the help of passenger ratings, and restricts communication between drivers and passengers as much as possible, resulting in contracted drivers providing services that are "very tightly defined and controlled by Uber" and therefore cannot be considered self-employment.

According to the ruling, Uber's contracted drivers are in a "dependent and dependent position" and have difficulty or inability to improve their economic position through collective bargaining.

Ctu member Mick Ricks said: "This has been a gruelling four-year legal battle for our members, but this is a historic victory."

【 Subsequent claim lawsuit 】

James Heywood, Uber's regional general manager for Northern and Eastern Europe, said the company respected the court's ruling and promised to consult with its UK drivers to find out what changes they would like to see.

Uber argues that the Supreme Court ruling does not apply to all of its current drivers in the UK. Heywood said the ruling specifically applies to "a small number of drivers who used Uber's ride-hailing app in 2016."

The UK is one of Uber's most important overseas markets. About 5 million daily users; About 60,000 drivers are contracted, 45,000 of them in London.

After the final decision of the Supreme Court, the plaintiff can seek compensation from the Labour arbitration Tribunal. Reuters reports that the process could still take months. One law firm estimates that plaintiffs are entitled to an average of £12,000 ($16,780) each, with more than 2,000 drivers under contract likely to Sue in the future.

In recent years, Uber's operating model has drawn opposition from trade unions in several countries and has been the subject of administrative and legal challenges, including failure to protect workers' rights and disruption of taxi markets.

However, last November, Uber scored a victory in its home state of California. Local citizens voted to reject a proposal that would still treat Uber's contracted drivers as self-employed rather than employees.

Uber made a series of promises to European governments and labor unions in the middle of this month, saying it intends to set up a more transparent and fair pay structure and offer more benefits to its contracted drivers. Uber is also calling on other ride-hailing operators to co-launch a fund to provide benefits such as labor protection and paid leave to drivers who use different ride-hailing apps.

[Affecting the Gig economy]

If Uber drivers seek compensation through labor arbitration, it could trigger more far-reaching changes that would affect drivers on all ride-hailing platforms.

James Farrar, a former Uber driver who brought the class action, said the Supreme Court ruling "will fundamentally redefine the order of the gig economy and end the widespread use of algorithms and contract fraud to exploit workers."

The gig economy usually refers to short-term jobs without formal contracts or jobs with no guaranteed hours. Gig workers often work for one or more companies and are paid according to the amount of work they do, such as ride-hailing drivers, delivery drivers and delivery riders. Since its inception, the pros and cons of the gig economy have been debated. Trade unions have criticized the gig economy as exploitative, while businesses say many gig workers enjoy the flexibility, Reuters reported.

The UK Supreme Court ruling specifically targeted Uber's operating model and does not automatically grant labor rights to other gig workers, so it will not immediately have a major impact on other businesses that rely on gig workers, but it could inspire similar legal actions and could affect legal proceedings in other countries, the Associated Press reported, citing some experts.

Deliveroo, the UK food delivery platform, is fighting for the right to collective bargaining at the Court of Appeal in London.

Farrar called on the UK government to do more to reform the gig economy, "The government must urgently improve the law so that casual workers can also qualify for sick pay and avoid unfair dismissal."

London Mayor Sadiq Khan said the Supreme Court ruling that Uber drivers were hired was a "milestone" for those suffering from low pay and a lack of job security. (Hu Ruoyu) (Xinhua News Agency special Section)

Reference

Wikipredia (2024) History of labour law in the United Kingdom

https://wikipredia.net/zh/History_of_labour_law_in_the_United_Kingdom

Accessed 21st.March.2024

Fashizihao (2022) The origin of labor law

https://zhuanlan.zhihu.com/p/46480662

Accessed 21st.March.2024

Manyue (2021) Understand the GDPR

https://zhuanlan.zhihu.com/p/40133045

Accessed 21st.March.2024