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Court of Justice of the European Union approves continued use of EU model clauses, but strikes down EU-US Privacy Shield
The Court of Justice of the European Union (CJEU) has published its long-awaited decision in the case of Data Protection Commissioner [Ireland] v Facebook Ireland Ltd. and Maximillian Schrems (referred to as “Schrems II”). The CJEU has confirmed that the...
3 July talks end in deadlock
The Brexit talks re-started in London this week, with parties seemingly some way apart on a number of issues after last week's talks ended in deadlock. This briefing, prepared by Tolek Petch, lawyer in our trade unit, surveys the state of play as at 3...
Will there be a deal?
The Brexit talks are ongoing – until a deal is in clear sight, businesses must remain mindful of the WTO alternative. This briefing, prepared by Tolek Petch, lawyer in our trade unit, contains a reminder of the key aspects of the WTO regime.
The EU's 'Capital Markets Union' reforms make cross-border securitisations easier. The UK should make similar reforms.
The EU continues to press ahead with its Capital Markets Union ('CMU'). The High Level Forum ('HLF') recently published its final report containing 17 sets of recommendations intended to move the CMU towards completion. For each of the sets of...
Putting the "order" into cross-border payments
It's been just over a year since Libra, the stablecoin concept seeded by Facebook and developed with a consortium of financial institutions, was first announced. The announcement itself heralded, amongst other things, an era in which stablecoins such as...
EU Copyright regulation after the Brexit transition period
As the UK enters the final six months of its countdown until the end of the transition period on 1 January 2021, the European Commission (EC) has published a stakeholder notice on certain implications for copyright and related rights. In particular, this...
“I told you NO, you can’t have their number…” – CJEU confirms IP Enforcement Directive does not require disclosure of email addresses, telephone numbers or IP addresses
When was the last time you sent a friend a letter? Now how about an email? In a digital world, should the meaning of the word ‘addresses’ be limited to physical addresses? Well, the Court of Justice of the European Union (the "CJEU") has decided that the...
Platform to Business Regulation goes online
While the European Commission consults on a package of widespread legal reforms for the digital economy, new measures aimed at ensuring a fair and transparent platform ecosystem began to apply on 12 July 2020. The P2B Regulation applies to “online...
Brexit and Bail-in clauses
The EU Bank Resolution and Recovery Directive (“BRRD”) gives powers to EEA regulators to write down or convert into equity a failing institution’s liabilities. This power is effective in respect of liabilities under a document governed by EEA law, but is...
Swimming in the mainstream - EUIPO publishes open source software report
Open source software (OSS) has had its detractors - whether because of security issues (unscrupulous developers inserting poor quality or malicious code) or licensing requirements to return improvements to the OSS community (problematic if you want to...
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