News & Analysis as of

EU Directive

Anti-money laundering bulletin - Spring 2017

by DLA Piper on

DLA Piper’s Financial Services Regulatory team welcomes you to the Spring 2017 edition of our Anti-Money Laundering (AML) Bulletin. In this issue, we provide updates on AML developments and enforcement actions in the UK and...more

EU member states reached consensus on anti-hybrid mismatch measures

by DLA Piper on

On February 21, 2017, the Council of the European Union (ECOFIN, in this context) reached political consensus on a directive (known as ATAD 2) amending the EU Anti-Tax Avoidance Directive as adopted on July 17, 2016 (EU...more

Italy Implements Directive Requiring Non-Financial Disclosures for Large European Undertakings

by Latham & Watkins LLP on

Large public-interest companies and parent companies must disclose several types of non-financial information — for the benefit of both investors and consumers — or face monetary penalties. Directive 2014/95/EU of...more

Fourth Money Laundering Directive (MLD4)

by Locke Lord LLP on

The MLD4 will amend and replace the Third Money Laundering Directive (MLD3) on 26 June 2017. This is the date by which all member states are required to bring into force the laws, regulations and administrative provisions...more

DSM Watch: The new copyright directive – What will happen to the liability privilege of platforms?

by Hogan Lovells on

Since the first proposals for amendments to the European Commission’s draft copyright directive were leaked earlier this month, we have seen quite some discussion on what the Digital Single Market will bring about. The leaked...more

DSM Watch: Leaked European Parliament comments may modify press rights under Copyright Directive

by Hogan Lovells on

The European commission published its last draft directive on the modernizing of the European copyright law (COM(2016) 593 final) on 14 September 2016. The draft was part of a larger strategy to bring about a single digital...more

The EU’s New Data Protection Regulation – Are Your Cybersecurity and Data Protection Measures up to Scratch?

In the context of increasing cyber-attacks on major corporate organisations, small businesses and government, data protection and cybersecurity is a hot topic. Added to this, the GDPR—a strict new regulatory regime in...more

Procurement Pulse - March 2017

by DLA Piper on

This month's issue looks at some recent case law on evaluation methodologies, perhaps the highest risk area when it comes to running a procurement process. The Energy Solutions case (first reported in Procurement Pulse in...more

Medical Device Alert – Finalised texts of the new EU Regulations on medical devices and in-vitro diagnostic medical devices are...

by Hogan Lovells on

On 22 February 2017, the Council of the European Union issued the final versions of the draft texts of the European Union (“EU”) Medical Device Regulations (“MDR”) and the In Vitro Diagnostics Regulation (“IVDR”)....more

European Supervisory Authorities Warn that Further Steps are Required on AML/CFT

by Shearman & Sterling LLP on

The European Supervisory Authorities published a joint Opinion on the risks of money laundering and terrorist financing affecting the EU’s financial sector. The ESAs - the European Banking Authority, the European Securities...more

Regulate Frankenstein: the European Parliament calls for new rules for robots

by Hogan Lovells on

When a parliamentary report cites Mary Shelley’s Frankenstein in its recitals and proposes new regulation for robots with artificial intelligence (“AI”), one cannot be sure whether the 19th or the 21st century has inspired...more

EU Consultation on Proposed Draft Technical Standards on Central Contact Points for AML and CFT Purposes

by Shearman & Sterling LLP on

The Joint Committee of the European Supervisory Committee launched a consultation on proposed Regulatory Technical Standards on the criteria for when a central contact point is appropriate and the functions of the central...more

Cross-border Trade Secrets Protection - Coincidence or Collaboration?

The US and the EU passed new trade secret laws within 30 days of each other. If you are engaged in cross-border business you are now subject to dual enforcement -- but also common protections in both jurisdictions. What can...more

Orrick's Financial Industry Week In Review

Financial Industry Developments - 2016 Data Breach Legislation Roundup: What to Know Going Forward - States were busy updating their data breach notification statutes in 2016. With 2016 in the rear view, let's take...more

Reverse Cross Border Merger Could Become Popular as UK Companies Restructure in Advance of Brexit

by Bryan Cave on

Reverse cross border mergers could become a popular device for UK companies seeking to maintain and preserve “passporting” or other EU rights. The mechanism of a reverse cross-border merger (in this context whereby a UK...more

Changes to the Shareholder Rights Directive

by Dentons on

The representatives of the EU Council and EU Parliament have agreed the text of a new EU Directive to strengthen shareholder engagement and increase transparency in listed companies in the EU/EEA....more

Delay to Certain Draft Technical Standards Supplementing the EU Fourth Anti-Money Laundering Directive

by Shearman & Sterling LLP on

The Joint European Supervisory Authorities published an open letter notifying the European Commission that they would be unable to meet the deadline of December 26, 2016 for submitting final draft Regulatory Technical...more

European Banking Authority Updates the Recommendations on Equivalence of Confidentiality Regimes

by Shearman & Sterling LLP on

The European Banking Authority published an updated recommendation on the equivalence of the confidentiality regimes of third country supervisory authorities. The EU Capital Requirements Directive provides that third country...more

The fourth railway package: the next stop on the journey to liberalization

by DLA Piper on

The fourth railway package has been adopted in two stages: a technical pillar, recasting the interoperability and safety directives and amending the regulation establishing a European Railway Agency, adopted on May 11, 2016,...more

New Luxembourg country-by-country declaration obligations: What's important?

by Hogan Lovells on

The law relating to country-by-country ("CbC") declaration obligations (the "Law") was published on 27 December 2016 and entered into force last week. The Law transposes EU Council Directive 2016/881 of 25 May 2016 (the...more

Luxembourg Parliament Adopts 2017 Tax Reform Introducing New Tax Measures for Individuals and Corporates

by Dechert LLP on

The Luxembourg Parliament adopted the 2017 tax reform (parliamentary document n°7020) on 14 December 2016 which introduces new tax measures affecting both individual and corporate taxpayers. The publication of the law is...more

Case 168/09 Flos Spa V Semeraro Casa E Famiglia Spa

by Ladas & Parry LLP on

The District Court of Milan referred questions to the Court of Justice of the European Union for a preliminary opinion on the interrelation of the EU’s Council Directive 93/98 on the duration of copyright protection and...more

International Harmonization of Trade Secret Rights and Remedies

In a recently unprecedented bipartisan effort the United States enacted the Defend Trade Secrets Act (DTSA) on May 11, 2016. What many in the US do not know is that less than 30 days later the EU passed European Union...more

Provisional EU Agreement on Draft Prospectus Rules as Part of Capital Markets Union

by Shearman & Sterling LLP on

The Council of the European Union announced the conclusion of a provisional agreement with representatives of the European Parliament on new rules on prospectuses for the issuing and offering of securities. The draft...more

European “Intermediaries” May Be Forced To Take Active Measures Against Trademark Infringement Committed By Third Parties

by Ladas & Parry LLP on

Recent cases in the Court of Justice of the European Union (“CJEU”) and the Court of Appeal of England and Wales (“the English Court of Appeal”) have addressed the question of whether those who provide facilities to persons...more

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