European Commission

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European Banking Authority Publishes Final Draft Technical Standards on Information Sharing Between National Regulators for...

The European Banking Authority published final draft Regulatory Technical Standards on the cooperation and exchange of information between national regulators where an authorized payment institution would like to provide...more

EU Commission Publishes Its Proposals for New e-Privacy Regulation

On 10 January, the EU Commission proposed a new Regulation on Privacy and Electronic Communications (“proposed Regulation”) to replace Directive 2002/58 (known as the “ePrivacy Directive”). The proposed Regulation...more

European Commission Reports on Diversity of Bank and Investment Firm Management Bodies

The European Commission published a report on benchmarking of diversity practices under the Capital Requirements Directive. The CRD requires banks and investment firms to ensure that the composition of management bodies is...more

DSM Watch: European Commission's data package explores data ownership, localization, liability and portability, highlighting...

On January 10, 2017, the European Commission released a Communication, a fact sheet, a working document and a public consultation relating to Europe’s “data economy”. The fact sheet states that “data is a new type of...more

EU Proposed ePrivacy Rules to Extend to all Electronic Communications Providers

On January 10, the European Commission proposed new legislation that would update and supplement current ePrivacy rules and extend their scope to all providers of electronic communication services. The following is a...more

European Commission Proposes New Privacy Rules for Electronic Communications

On January 10, 2017, the European Commission presented its proposal for a Regulation on Privacy and Electronic Communications (the “Proposed Regulation”). The Proposed Regulation would repeal and replace Directive 2002/58/EC...more

Alert: Antitrust 2017: Trends and Developments to Watch

1. Transition to a Trump Administration is top of the agenda - President-elect Donald Trump's DOJ and FTC transition team appointments and public short list of candidates to run the agencies indicate that antitrust...more

European Commission Proposes ePrivacy Regulation

On January 10, 2017, the European Commission proposed a new ePrivacy Regulation (Proposal). Compared to the internal draft that was leaked in December, the official Proposal has been substantially modified....more

Alert: EU Privacy Q&A – Network and Information Security Directive

The UK Government has published its report entitled "Cyber Security Regulation and Incentives Review"), which sets out its intentions following Brexit on the implementation of the Network and Information Security Directive...more

Antitrust & Distribution Alert - The End of the Insurance Block Exemption Regulation

On 31 March 2017, the EU Insurance Block Exemption Regulation n° 267/2010 (“IBER”) will expire and will not be renewed. Therefore, the types of cooperation it covered will fall under the general rules of competition...more

Predictions and Outlook for U.S. Federal and International Chemical Regulatory Policy 2017

Predictions and Outlook for EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) 2017 - 2016 was full of surprises, two of which will drive much of the agenda for OCSPP during 2017. First, Congress...more

Revamping of the Luxembourg transfer pricing rules applicable to intra-group financing transactions

The Luxembourg direct administration published Circular L.I.R. n° 56/1 – 56bis/1 applicable to companies carrying out intra-group financing transactions (the Circular) on 27 December 2016. The Circular has replaced two...more

European Commission Permits Insurers' "Block Exemption" from the Antitrust Laws to Expire

On December 13, the European Commission announced that it would not be renewing the "Block Exemption" from the European competition laws that insurers have enjoyed since 1992. The Exemption, which is similar in some respects...more

European Competition Law Newsletter – January 2017

First UK Director Disqualification for Competition Law Breach - The UK Competition and Markets Authority (CMA) recently secured the first disqualification of a director of a company found to have infringed competition...more

EPO Stays Proceedings Over Patentability Of Plants And Animals

While the U.S. is still sorting out “natural products” jurisprudence under 35 USC § 101, the European Patent Office (EPO) is wrestling with the patentability of plants and animals, and has announced an immediate stay on all...more

European Parliament Urges Further Regulatory Action on Food Contact Materials

The European Parliament is demanding significant changes to rules on Food Contact Materials (FCM) applicable to both packaged foods and processing of foods to be placed on the European Union (EU) market. The current EU...more

UK’s Digital Economy Bill: Effectiveness of Age Verification and Copyright Measures Questioned

After its announcement in May 2016, the multi-faceted UK Digital Economy Bill (‘Bill’) has progressed through Parliament and has recently been considered by MPs at the Public Bill Committee stage, during which various...more

Orrick's Financial Industry Week in Review

FHFA Issues Final Rule on Fannie Mae and Freddie Mac Duty to Serve Underserved Markets - On December 13, 2016, the Federal Housing Finance Agency (FHFA) issued a final rule implementing the Duty to Serve provisions...more

Proposed European Regulation on CCP Recovery & Resolution Published

The European Commission published a legislative proposal for a Regulation on the recovery and resolution of CCPs. The aim of the proposed Regulation is to set up a framework for the orderly recovery of a CCP through...more

The CJEU Gives the UK Government Another Brexit Dilemma

In yet another key case dealing with the balance between citizens’ privacy and the ability of the state to intrude into it, the Court of Justice of the European Union (CJEU) has ruled on the compatibility with European Union...more

European Commission Confirms Insurance Block Exemption Regulation Not to Be Renewed

On December 13, 2016, the European Commission announced in a press release that Regulation 267/2010, the Insurance Block Exemption Regulation (“IBER“), will not be prevented from expiring on March 31, 2017. The IBER entered...more

State aid: The European Commission approves support measures for renewable energy in France

On 17 August 2015, the French Parliament enacted the "Law on energy transition and on green growth" in order to bring the French renewable energy support model in line with the Commission's 2014 Guidelines on State Aid for...more

Key Challenges for Chinese Investors in Europe and How to Tackle Them

What are some of the key hurdles and obstacles for Chinese investors in Europe? Tips on how to manage them. Chinese outbound foreign direct investment ("ODI") has grown rapidly in Europe. 2016 was no exception, and...more

European Union Moving Forward with Drone Rules

The European Union (EU) is on the verge of revising its regulations for unmanned aircraft systems (UAS or “drones”) operations in Europe. The revisions will shift the regulation of UAS away from EU Member States to the...more

French on-shore wind farm market in 2017: New tariffs structure and other important updates

Speed Read - The French on-shore wind market, one of the most active renewable markets in Europe, will be subject of a new legal framework which aims to allow for a more market driven electricity system in France. Whilst...more

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