EU Directive

News & Analysis as of

Electronic Signature Regulation Now Effective

Tasked with harmonising the disparate member state legislation that implemented the eSignatures Directive (Directive 1999/93/EC), Regulation (EU) N°910/2014 (the “eIDAS” Regulation) became effective 1 July this year. The...more

Brexit’s Potential Impact for Trade Secrets in the UK

To the surprise of many and the dismay of more than sixteen million United Kingdom voters, the previously unthinkable has occurred, the UK has voted to leave the European Union. In a tightly contested referendum, voters have...more

UK Corporate Briefing Summer 2016 Issue 6 - Summer 2016

The UK's EU referendum on 23 June 2016 delivered a leave result. The nature of the UK's future relationship with the EU and the timescale and details of the process for establishing that relationship remain to be seen....more

Five key elements of the EU ATA Directive compromise

In late June, the Economic and Financial Affairs Council of the European Union (ECOFIN or the Council) achieved political consensus on the content of the EU Anti-Tax-Avoidance Directive (the ATA Directive). In last month's...more

EU: new obligations for digital services providers and operators of essential services

First proposed by the European Commission in 2013, the long-awaited draft Directive on Network Information Security (the NIS Directive) was agreed upon by the European Parliament and the Council in December 2015.[1] In line...more

Brexit Q&A: Business Implications

On Thursday 23 June 2016, the UK electorate voted to leave the European Union. While this vote was advisory in nature, we expect that ultimately the UK Government and Parliament will respect the outcome and serve notice to...more

Digital Single Market update - European Commission releases Proposal for updated Audiovisual Media Services Directive along with...

Since the European Commission announced its much vaunted Digital Single Market strategy in May 2015 to boost the EU's digital economy, it has had precious little to show, with major initiatives such as copyright reform and...more

ECOFIN reaches consensus on EU ATA Directive

On June 21, 2016, the ECOFIN Council agreed on the content of the EU Anti-Tax-Avoidance Directive (ATA Directive). In last month’s voting, ECOFIN was unable to reach consensus on the ATA Directive. This week’s...more

A few questions about Implementation of the EU public procurement directives

The public procurement market in the EU is huge. Every year more than a quarter of a million public institutions and authorities in the EU spend around 14% of GNP on acquiring services, construction works and goods of all...more

Contractual Close-Out Netting Ineffective in the Event of Insolvency

In a decision of 9 June 2016, the German Federal Court of Justice (Bundesgerichtshof, "BGH") has ruled that the determination of the close-out amount in a netting provision based on the German Master Agreement for Financial...more

European Commission Publishes Chemicals Legislation Roadmaps

The European Commission published two evaluation and fitness check roadmaps in May this year. These roadmaps will assist the Commission in assessing whether the current legislative framework for chemicals, including REACH, is...more

European Banking Authority Decision on Data for Supervisory Benchmarking

The European Banking Authority published a decision, dated May 31, 2016, on data for supervisory benchmarking under the Capital Requirements Directive. The CRD requires that regulators monitor the range of risk-weighted...more

German Federal Constitutional Court: Use of short “samples” in music titles does not qualify as infringement of exploitation...

On 31 May 2016, the German Federal Constitutional Court (Bundesverfassungsgericht – “BVerfG”) issued a judgment in favor of a Hip-Hop artist (“Artist”) who had used a 2-second-sample of Kraftwerk’s song “Metall auf Metall”...more

A Balanced Trade Secrets Protection Regime Adopted by the EU

On May 26, 2016, the Council of the EU unanimously adopted the directive on the protection of undisclosed know-how and business information (trade secrets). The directive also provides guidelines for the protection of trade...more

Harmonization of Trade Secrets in Europe and New US Trade Secrets Law Gets the Green Light—What Do These Changes Mean for...

A harmonized trade secrets protection regime is coming to Europe and the US. Until now, there has been a fragmented approach to trade secrets across Europe, with some countries having specific trade secrets legislation and...more

Can You Keep A Secret? The European Union’s New Directive on Trade Secrets and its Impacts on Whistleblowers

It is no secret that the European Union’s (“EU”) Directive on Trade Secrets was a long time in the making. The Directive was first proposed in November 2013. After roughly two years of debate and revision, the revised...more

EU Regulation Supplementing Bank Recovery and Resolution Directive Published

Commission Delegated Regulation on deferral of extraordinary ex post contributions to a resolution financing arrangement and the criteria for determining critical functions was published in the Official Journal of the...more

The impact on franchising of the new European Directive for the protection of trade secrets

On 14 April 2016, after a lengthy gestation period, the European Parliament finally approved a new European Union Trade Secrets Directive. This will be the basis for new harmonised laws to protect secret and valuable...more

New EU Trade Secrets Directive approved by Parliament: the secret is out

On 14 April 2016 the European Parliament finally approved the new European Union Trade Secrets Directive which will create a minimum legal benchmark to protect secret and valuable business information — also known as "trade...more

European Commission Launches Public Consultation on Revision of ePrivacy Directive

Pursuant to its Digital Single Market strategy and adoption of the General Data Protection Regulation (GDPR), the European Commission (EC) has launched a public consultation on the revision of Directive 2002/58/EC, better...more

Trade Secrets Directive

The protection afforded to trade secrets is disparate across the EU. In order to protect trade secrets as potential drivers for economic growth and jobs and to create a level-playing field within Europe, the European...more

European Parliament approves new EU data protection law

The European Parliament has voted on the General Data Protection Regulation (the "GDPR"). The vote marks the end of a four-year legislative process and makes the GDPR a reality....more

Blog: #IDD / #IMD2: EIOPA Publishes Preparatory Guidelines On Product Oversight & Governance

The European Insurance & Occupational Pensions Authority (EIOPA) has published its “Final Report … on Preparatory Guidelines on Product Oversight and Governance arrangements by insurance undertakings and insurance...more

Implementation Mortgage Credit Directive; What Changes?

The EU Mortgage Credit Directive (the "Directive") aims to create an efficient and competitive internal market for mortgage credit with a high level of consumer protection. The Directive requires European member states to...more

Breaking News: European Parliament Approves Trade Secrets Directive

On April 14, 2016 (by a vote of 503 to 131 with 18 abstentions), the European Parliament approved the text of a proposed Directive for the protection of trade secrets in the European Union. Once approved by the European...more

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