Communications

Recent Articles

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  15/01/2025

  China

  2025 – Topics that may Concern You

  Companies doing business in China constantly have to deal with changes in regulations and new laws. This will also continue in 2025.Topics such as the new PRC Company Law, new PRC Tariff Law, PRC Regulations on Export Control of Dual-Use Items, network data security management, data transfer, opening up capital markets to foreign investment, and raise of statutory retirement age of employees etc. will continue to be a concern for many companies in China in 2025.Complying with regulatory requirements is one of the key challenges for foreign companies and investors in China, not only in terms of...

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  06/01/2025

  United Kingdom

  Identifying the correct operator for terminating Electronic Communication Code agreements

  SummaryLandowners need to carefully consider which is the relevant operator for the purposes of terminating agreements relating to electronic communications apparatus under the Electronic Communications Code (Code). In a decision applicable to Code wayleaves and licences entered into before 28 December 2017, the Upper Tribunal has held that, even if such an agreement has been assigned by the original operator party to another party, the original party may remain the relevant operator for the purposes of termination under part 5 of the Code, where it retains primary responsibility for performing...

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  26/11/2024

  Switzerland

  Advertising discount pricing in Swiss retail: a closer look at compliance with the Price Indication Ordinance

  Swiss retailers advertise shift to discount pricing"How Low Can We Go?" asks a Swiss retailer provocatively on the cover of its latest magazine. The answer that follows: "As low as the discounters."Swiss retailers are lowering prices to match discounter levels, intensifying competition for customers. Consequently, Swiss retailers are stepping up their advertising with bold promotions using terms such as "TIEFPREIS" (German for "Low Price"), "FRISCH GESENKT" ("Freshly Reduced")" or "zum Discountpreis" ("Discount price"). These assertive price claims, however, raise the question: How are such claims...

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  13/09/2024

  United Kingdom

  Data Centres officially designated as “Critical National In­fra­struc­ture” – the first CNI designation in nearly a decade

  Summary 12 September 2024 was an important milestone for the UK’s digital future as the UK government has officially designated data centres, which store a substantial portion of the nation’s data, as ‘Critical National Infrastructure’.Designation of data centres as Critical National Infrastructure (CNI)This is a significant decision which acknowledges the key role and fundamental importance that data centres now play in today’s digital economy and modern-day life where the use of AI is growing exponentially.  Data centres are the central nervous system of...

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  01/08/2024

  United Kingdom

  Significant Electronic Com­mu­nic­a­tions Code decision on terms of telecoms lease

  Summary  The Upper Tribunal has delivered a significant decision on the terms of a lease renewal of a greenfield telecommunications site under the Electronic Communications Code. In particular, in deciding the terms of a landlord’s break right the Tribunal determined that proof of the relevant intention to redevelop was required only at the time any dispute was heard by the Tribunal, and not when notice was given to terminate the lease. The Tribunal’s determination relating to the amount of rent under the lease is also significant since it is the latest in a line of decisions applying...

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  07/06/2024

  United Kingdom

  Success for site provider as Upper Tribunal confirms Paragraph 40(8) of the Code is not “Last Chance Saloon”

  In November 2023, we shared our thoughts on the First-Tier Tribunal (“FTT”) decision in On Tower UK Limited v Gravesham Borough Council, in which it was held that an operator could seek an order imposing a new Code agreement under Part 4 of the Electronic Communications Code even where it had failed to successfully renew its lease of the same site under Part 2 of the Landlord and Tenant Act 1954. In a decision which will be welcomed by the site provider community, the Upper Tribunal (“UT”) has now reversed the FTT’s initial findings on appeal – see the full UT...

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