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Ofcom updates NIS guidance Ofcom has updated its guidance for those in the digital infrastructure subsector who are caught by The Network and Information Systems Regulations (the “NIS Regulations”). The NIS Regulations set out measures to “boost the overall level of security (both ... Mass claims for data breaches: perhaps a change of heart by the Government but don’t forget Lloyd v Google The UK Government has published its response to last year’s consultation reviewing the representative action provisions in s187 of the Data Protection Act (DPA) 2018. DCMS consultation As reported in my earlier post on the consultation, last Autumn, the D... The Kalifa Review of UK Fintech: UK Fintech’s difficult second decade? The Kalifa Review of UK Fintech: UK Fintech’s difficult second decade? An independent review on key priority areas for the UK Fintech industry, commissioned by the Chancellor at Budget 2020 and prepared by Ron Kalifa OBE, was published this morning. The r... Does what happens in Vegas actually stay in Vegas?: copyright ownership and employment Back in 2003 the Las Vegas Convention and Visitors Authority created a very well-known slogan which would later become a part of everyday vernacular as well as the title of a movie starring Cameron Diaz and Ashton Kutcher. The basic brand message is that ... Not on target: Why US products on Amazon.com do not infringe UK and EU trade marks Amazon is a global e-commerce phenomenon with millions of customers across 19 country marketplaces. The global nature of Amazon invites the inevitable trade mark law questions: How does the territorial nature of trade mark protection work with global e-c... The Spanish tax court places the blame on the Spanish tax authorities' abusive use of the anti-abuse rules In broad terms, general anti-abuse rules tend to lead to uncertainty insofar as they are built on vague legal concepts such as the “artificiality” of a given transaction. Spanish domestic rules include two main anti-abuse rules used to tackle abusive tax ... EU publishes draft adequacy decisions for transfers of personal data to the UK The EU Commission has published two draft adequacy decisions for transfers of personal data to the UK, one under the GDPR and the other for the Law Enforcement Directive. This will be welcome news to many UK and EU businesses grappling with the implicatio... Peruvian Tax Court decision on beneficial ownership post-BEPS The Peruvian Tax Court (Tribunal Fiscal) denied the application of the favourable withholding tax rate provided for in Article 12 (Royalties) of the double tax treaty between Peru and Chile on the basis that the recipient was not the beneficial owner (ben... The ECB's Guide on the supervisory approach to consolidation in the banking sector Consolidation in the banking sector remains a hot topic, not only for market participants, but also for supervisors that are tasked with scrutinising proposed transactions. Until recently, European banks were lacking detailed guidance from regulators, in ... Brexit has happened, so what's next for securitisations? The UK left the EU single market at 11:00 pm (London time) on 31 December 2020. The Trade and Cooperation Agreement between the UK and the EU that has applied since then does not deal with the regulatory detail of cross-border financing transactions. In o...