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The Collapse of cryptography – considering the quantum threat to blockchain Is it possible for a blockchain solution to respect the fundamental principles of data protection and privacy? We have previously analysed this issue (see March of the Blocks) and concluded, generally speaking, yes. But does quantum change this? In our...
ENISA issues guidelines on securing the IoT supply chain On 9 November 2020, the European Union Agency for Cybersecurity (ENISA) published its guidelines for securing the Internet of Things (IoT) supply chain (see the full report here). The report is relevant to all those developing, selling and using IoT...
A new year, a new role: CMA to house new UK digital regulator Ending months of speculation about which UK regulator would take on this responsibility, on Friday, the government announced that the new Digital Markets Unit (or DMU) will be housed within the CMA from April 2021.   The DMU will have its work cut out, as...
Changes coming to NIS regime sanctions Changes to the NIS regime are one step closer as the Government publishes its response to its summer consultation The NIS regime aims to make the EU’s (and UK’s) essential services in sectors such as transport, energy and certain digital services more...
The Netherlands to introduce segregated payment accounts for safeguarding customer funds On 6 November 2020, the Dutch Minister of Finance published for consultation a new act providing for Dutch payment institutions, e-money institutions and investment firms to use segregated payment accounts as a new means of safeguarding customer funds. A...
Approval of Spain's law on a regulatory sandbox On 14 November, Law 7/2020 on digital transformation of the financial system entered into force, which establishes and governs the first regulatory sandbox in Spain. The following are the main aspects of Law 7/2020. The sandbox will offer a controlled...
A way forward for international transfers of data? The wave of uncertainty created by the CJEU Schrems II decision had left many opting for a ‘wait and see’ approach to international transfers of personal data. Why revamp all existing processes without further guidance on what will (or not) be compliant,...
Foreign investment funds may be eligible for Dutch dividend withholding tax refunds The Dutch Supreme Court decided in the Köln Aktienfonds Deka (KA DEKA) case that foreign investment funds are eligible for a refund of Dutch dividend withholding tax paid, but only if certain very stringent requirements are met.  Taking into account the...
New right of confidence in live sports data stumbles before Court of Appeal Since off-racecourse bookmakers were legalised by the Betting and Gaming Act 1960, sport and gambling have developed a symbiotic relationship in the UK. One that has boomed in the digital age. Live online sports data is now the lifeblood of both online...
The discrimination introduced by the non-French resident capital gains tax is not covered by the EU standstill clause: timing is of the essence! The Administrative Court of Appeal of Versailles has recently ruled that the capital gains tax charge applicable to non-residents on the transfer of a significant shareholding was likely to constitute discrimination inconsistent with the EU freedom of...