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Technology, competition and the legal environment

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Lesson notes

Technology

  • E-commerce, digital communication, automation, mobile payments and data analysis can change reach, service and operations. Automation reduces direct human intervention; a powered tool alone does not establish an automated process. Large datasets can contain bias, errors or misleading correlations.
  • Consider setup, subscriptions, skills, maintenance, downtime, cybercrime and accessibility. Security incidents may be malicious or accidental. Appropriate account protection, device updates, backups and staff awareness reduce exposure and aid recovery but do not guarantee profit or eliminate all risk.

Evaluate a digital change

Evaluate a digital changePossible benefitResource or exposureWider reachMarketing, fulfilment and customersupportFaster repeatedtasksSetup, training and maintenanceData patternsAccuracy, bias and privacy checksOnlineavailabilitySecurity, outages and accessibility

Competition

  • Rivals and substitutes can affect price, quality, design, service and innovation. Competitive advantage is an edge valued by customers or useful for the firm’s objectives, not simply being better on every measure.
  • Respond independently based on research and costs. Price cuts may support volume while reducing unit contribution; better service or differentiation may fit some audiences. Do not assume every rival action should be copied or coordinated.

Respond to competition independently

Respond to competition independentlyResponseTrade-off to assessLower priceMay support volume but reducecontributionDifferentiateNeeds a benefit target customersvalueImprove serviceResources needed for reliabledeliveryCoordinate rivalpricesAnti-competitive price fixing isunlawful

Consumer law

  • Under UK trader-to-consumer rules, goods must meet relevant satisfactory-quality, fitness-for-purpose and description requirements. Consumer services require reasonable care and skill. Remedies vary with the circumstances, so avoid promising an immediate refund for every complaint or every change of mind.
  • UK GDPR and the Data Protection Act 2018 as amended concern personal data, including a suitable lawful basis, transparent use, necessary collection, appropriate retention and security. Consent is one possible basis rather than a universal requirement; other rules can apply to particular activities such as marketing.

Personal data and security decisions

Personal data and security decisionsPracticePurposeChoose a lawfulbasisJustify the particularpersonal-data useLimit data andretentionKeep only what is needed for thepurposeProtect accounts anddevicesReduce unauthorised accessBack up and planrecoveryReduce disruption after anincidentTrain staffSupport correct handling andincident response

Employment law

  • Pay eligible workers at least the applicable statutory minimum; age and apprenticeship rules affect the rate, so check current official information. The statutory National Living Wage differs from voluntary living-wage schemes. Contracts, working time and other employment rights have their own conditions.
  • In Great Britain, the Equality Act 2010 protects against unlawful discrimination connected to protected characteristics; Northern Ireland has separate equality legislation. Health and Safety at Work etc. Act 1974 duties include health, safety and welfare so far as reasonably practicable, supported by risk management and training. These duties do not promise zero risk or make every difference in treatment unlawful.

Identify the relevant duty

Identify the relevant dutyAreaGeneral requirement or scopeUK consumer goodsRelevant quality, purpose anddescriptionEligible-worker payApplicable statutory hourlyminimumEquality in GreatBritainProtection against unlawfuldiscriminationSafety in GreatBritainProtection so far as reasonablypracticable

Competition law

  • The CMA promotes competition and protects consumers through relevant work on cartels, mergers, market problems and anti-competitive conduct. Dominance alone is not illegal; abuse is a separate issue. A pure monopoly in the strict economic model is a single supplier in a defined market.
  • Rivals must make independent competitive decisions rather than fix prices or divide markets. Informal coordination may still be unlawful; simply observing and independently matching a publicly available price is different. Neither large size nor a high price alone proves the legal conclusion.

Globalisation

  • Globalisation increases cross-border connections through trade, investment and operations. Exports supply overseas buyers, imports source abroad, and multinationals operate in more than one country. Potential reach and input options come with rival pressure, supply risks and differing market requirements.
  • Offshoring is moving activity abroad; outsourcing is using an external organisation. They can occur together or separately. For a fictional £10,000 customs value and 10% import tariff, duty is £1,000 and value plus this duty £11,000 before other costs; no current tariff or VAT calculation is implied.

Global choices are different

Global choices are differentChoiceMeaningExport / importSupply abroad / buy from abroadMultinationalOperations in more than onecountryOffshore ownactivityMove abroad; may stay inside thefirmOutsourcedomesticallyExternal provider; need not moveabroad

Effects on business

  • Compliance can require training, suitable systems, safer equipment, accurate information and effective records. It protects relevant rights and can support trust or reduce disruption, rather than being merely an optional cost-benefit choice.
  • Consequences of breaches depend on the law, jurisdiction and circumstances and may include consumer remedies, enforcement, financial penalties or reputational harm. Teaching here gives general business principles; current official rules and the required examination specification determine exact rates, scope and terminology.

Compliance changes daily decisions

Compliance changes daily decisionsOperational areaPossible requirementPeopleAppropriate pay, fair process andtrainingProducts andserviceAccurate information and suitablequalityWorkplaceRisk management and safe systemsPersonal dataLawful use, protection and relevantrecords

Slides

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Practice questions

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  1. 1.What is e-commerce?

    Easy
    • Abuying and selling online
    • Bselling in shops only
    • Cmaking goods
    • Dpaying wages
  2. 2.What is a competitor?

    Easy
    • Aa customer
    • Ba supplier
    • Can employee
    • Da rival business in the same market
  3. 3.What is automation?

    Easy
    • Ano tasks
    • Bpaper tasks
    • Cequipment or systems performing tasks with reduced direct human intervention
    • Dworkers doing tasks
  4. 4.What is big data?

    Easy
    • Aa tax form
    • Blarge or complex datasets analysed for potentially useful patterns
    • Ca small spreadsheet
    • Da bank loan
  5. 5.What is cyber-crime?

    Easy
    • Aunlawful activity involving digital systems
    • Bshoplifting
    • Ca tax
    • Da price
  6. 6.What is differentiation?

    Easy
    • Aindependently charging the same price as a rival with no other difference
    • Bguaranteeing all rivals close
    • Cguaranteeing every buyer prefers the product
    • Dmaking the offer meaningfully distinct for customers
  7. 7.What is competitive advantage?

    Easy
    • Aa tax
    • Ba loan
    • Can edge that helps a firm compete relative to rivals
    • Da disadvantage
  8. 8.In a UK trader-to-consumer goods contract, which requirements are central under the Consumer Rights Act 2015?

    Easy
    • Agoods are always branded
    • Bgoods are satisfactory, fit for purpose and as described
    • Cgoods are always cheap
    • Dgoods are always free

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