Q&As

Q&As

These Q&As seek to briefly address common questions faced when dealing with Commercial matters.

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Latest Commercial News

Cabinet Office updates PPNs on data protection and payment spot checks

The Cabinet Office has added two new Procurement Policy Notes (PPNs) to the suite of PPNs republished in conjunction with the Procurement Act 2023 (PA 2023) go-live—PPN 020: Guidance on data protection legislation and PPN 021: Payment Spot Checks in Public Sub-Contracts. PPN 020: Guidance on data protection legislation provides updated guidance on relevant data protection requirements under the UK GDPR and the UK International Data Transfer Agreement (IDTA) governing the export of personal data from the UK. PPN 020 applies with immediate effect. It replaces PPN 03/22 which contained streamlined guidance and updated model clauses to take account of the UK’s exit from the EU. It also includes guidance on international transfers of personal data. PPN 020 does not constitute a change in policy, but in-scope organisations should circulate and adhere to the guidance and use the updated model clauses at Annex A for new contracts. PPN 021: Payment Spot Checks in Public Sub-Contracts provides guidance and templates for contracting authorities to spot check public contract supply chains to ensure suppliers meet the payment terms set out in PA 2023. PPN 021 includes additional guidance on how in-scope organisations should conduct spot checks to ensure the correct payment terms are being included and adhered to by suppliers, plus model terms at Annex A which support spot checks being carried out. PPN 021 applies from 1 October 2025. Both PPNs apply to all central government departments, their executive agencies and non-departmental public bodies.

DESNZ announces amendment to GB Energy Bill

The Department for Energy Security and Net Zero (DESNZ) has introduced an amendment to the Great British Energy (GB Energy) Bill enabling the company to prevent forced labour in its business operations and supply chains. The amendment to clause 3 adds measures against slavery and human trafficking to GB Energy's core activities, alongside its existing clean energy and emissions reduction objectives. The legislation builds upon the Procurement Act 2023, which allows public bodies to reject bids from suppliers using forced labour. GB Energy will appoint a senior leader focused on ethical supply chains and modern slavery, while working with the Solar Stewardship Initiative (SSI) to ensure supply chain compliance.

‘Half the truth is often a great lie’—Benjamin Franklin (Expert Tooling and Automation Ltd v Engie Power Ltd)

Commercial analysis: A case brought to the Court of Appeal challenging the High Court’s decision on the scope of fiduciary duty, informed consent and dishonesty. The court clarified that agents must fully disclose commissions (including the amount and method of funding) to avoid breaching fiduciary duties. Engie Power could only be liable as an accessory if dishonest and the court found the limitation period began when commission was paid, not when the contract was signed. The appeal was allowed in part. Written by Alexander Whatley, barrister at 3PB Chambers.

ASA rulings—23 April 2025

Three complaints were received by the Advertising Standards Authority (ASA) regarding FX Compared Ltd t/a FXcompared. The complaints were about misleading advertising claims related to savings, commercial intent, and the representation of money transfer providers as the 'best' and 'top providers.' The ASA upheld the complaints.