Cross-Border European Union

News & Analysis as of

Digital Single Market update – revised cross-border portability of online content services proposal leaked

In December 2015 we published a briefing on the European Commission's proposal and draft Regulation on ensuring the cross-border portability of online content services in the EU. By way of reminder, the Regulation seeks to...more

US Federal Deposit Insurance Corporation Chairman Gruenberg Discusses Resolution of Systemically Important Financial Institutions

FDIC Chairman Martin Gruenberg discussed improvements in cross-border cooperation with respect to the resolution of systemically important financial institutions. He highlighted ongoing conversations among leading financial...more

Alert: EU Sector Inquiry Highlights Online 'Geo-Blocking' – Future Enforcement Action Likely

On 18 March, the European Commission (Commission) published an issues paper presenting its initial findings on "geo-blocking", as part of its wide-ranging inquiry into competition in the EU e-commerce sector. This sector...more

Brussels Regulatory Brief: April

Antitrust and competition - A welcome limitation on the investigatory powers of the Commission when requesting information from companies - On 10 March 2016, the Court of Justice of the European Union (“CJEU”) set aside...more

European Supervisory Authorities Report on Risks and Vulnerabilities in the EU Financial System

The European Banking Authority, European Securities and Markets Authority and European Insurance and Occupational Pensions Authority (known as the Joint Committee of the European Supervisory Authorities) published a report...more

European Commission Seeks Views on Harmonizing EU Insolvency Regimes Under its Capital Markets Union Action Plan

The European Commission launched a consultation seeking views on key insolvency principles and standards which could ensure that national insolvency frameworks work in a cross-border context. The consultation is part of the...more

"Derivatives Regulators Reach Agreement on Cross-Border Harmonization for Central Clearing Counterparties"

Recent regulatory actions by the U.S. Commodity Futures Trading Commission (CFTC) and the European Commission (EC) are bringing an end to years of negotiation on how to regulate central clearing counterparties (CCPs)...more

EU Commission Releases First Findings on Geo-Blocking in E-Commerce Sector Inquiry

On 18 March, the European Commission (Commission) published its initial findings on geo-blocking in the framework of its ongoing antitrust sector inquiry into e-commerce. The findings are based on responses to questionnaires...more

UK Financial Regulatory Developments - March 2016 #5

EBA reports on supervisory colleges - EBA has published its annual assessment of EU colleges of supervisors. The report assesses how colleges have functioned during 2015 and identifies key activities for the effective...more

EU Passes New Trade Secret Directive to Harmonize Trade Secret Laws of Member States

In late December 2015, the European Union reached an agreement on the terms of a provisional Trade Secrets Directive, which was intended to harmonize the laws governing trade secrets and “improve[e] the effectiveness of the...more

CFTC Uncleared Swap Margin Rules to Take Effect in September

While the US gears up for compliance with uncleared swap margin rules, cross-border application of the CFTC rules remains unclear. The US Commodity Futures Trading Commission (the CFTC) finalized its margin requirements...more

Encouraging news for cross-border internet retailers (and shoppers) in the EU

The European Commission (the "Commission") has been investigating the European-wide parcel delivery industry for some time. With online retail becoming an increasingly important avenue for both consumers and retailers, the...more

Developments relating to Category 3 Offerings under Regulation S

One of the more vexing problems under Securities and Exchange Commission (SEC or the Commission) Regulation S involves its application to U.S. companies desiring to go public outside the United States. As is well known,...more

EU Directive On Cybersecurity Agreed

On 18 December 2015, the agreed text of the Network and Information Security Directive (the NIS Directive) was released. With cybersecurity firmly established as a key business risk, the introduction of specific laws in this...more

The EU General Data Protection Regulation – Europe Adopts Single Set of Privacy Rules

On December 15, 2015, following four years of close, sometimes contentious, review, the EU institutions agreed upon the text of the General Data Protection Regulation (the “GDPR”). One of the most important EU legislative...more

Commission publishes green paper on retail financial services

The Commission has published a Green Paper seeking views on how to improve choice, transparency and competition in retail financial services to the benefit of European consumers and how to facilitate true cross-border supply...more

Q&A on the proposed regulation on cross-border portability of content and its application to your company

The EC has presented its proposal and draft regulation on ensuring the cross-border portability of online content services in the EU. This briefing note contains: (i) a detailed Q&A on material detail contained in the...more

The globe-trotter's guide to merger control: How to avoid falling into traps

Having a sound knowledge of the intricacies of merger control regimes and thresholds is essential when guiding a complex crossborder M&A deal over regulatory hurdles to successful completion. With global cross-border M&A...more

Will There Be an APAC Safe Harbor?

On October 5, while the European Union’s highest court was busy striking down its Safe Harbor permitting the cross-border transfer of personally identifiable information, 12 countries reached a consensus on data transfers...more

ESMA Update to the European Parliament on the Extension of the AIFMD Passport to Non-EU AIFMs

On October 13, the European Securities and Markets Authority (ESMA) published the text of a speech made by its chairman, Steven Maijoor, to the European Parliament regarding ESMA’s ongoing work involving potentially providing...more

The Revised EC Regulation on Insolvency Proceedings Seeks to Resolve Practical Concerns

The European Council Regulation No 1346/2000 on insolvency proceedings (the Regulation) was adopted in May 2000 and came into force on 31 May 2002 in order to establish a European framework for cross-border insolvency...more

OECD Releases Final BEPS Recommendations – Now What?

On Oct. 5, 2015, the Organization for Economic Cooperation and Development (OECD) released a set of final reports on its 15 point action plan to address Base Erosion and Profit Shifting (BEPS). In an accompanying explanatory...more

Transfer of Employees’ Personal Data from Germany to the United States under German Data Privacy Law

Following the ECJ’s decision in the “Schrems” case which has invalidated the Safe Harbor framework multinational corporations may now face profound privacy law related compliance issues in a multitude of jurisdictions. In the...more

New Opportunities in Cross-Border Special Situations Lending

Recent changes in cross-border leveraged loan documentation requirements open up new possibilities for both borrowers and lenders. Cross-border leveraged loan documentation has become increasingly permissive with respect...more

EU–US Safe Harbor About to be Struck Down?

Thousands of U.S. and European companies who rely on the EU–US Safe Harbor Framework to permit the transfer of personal data from the EU to the U.S., have come a step closer to seeing the transfer mechanism struck down....more

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