The Situation: The European Parliament and Council approved the Gigabit Infrastructure Act ("GIA") on 29 April 2024. The GIA replaces Directive 2014/61/EU. The GIA is a regulation which is directly applicable and binding in...more
The Development: On January 24, 2024, the European Commission ("EC") unveiled a package of five fresh initiatives aimed at strengthening the European Union's ("EU") economic security (the "Package"). This will likely increase...more
On 22 December 2023, the Regulation on harmonized rules on fair access to and use of data ("Data Act") was published in the EU's Official Journal. The Data Act lays down rules on fair access to and use of personal and...more
On October 3, 2023, the European Commission ("Commission") unveiled a list of 10 technology areas qualified as "critical" to the European Union's ("EU") economic security, out of which four (Semiconductors, AI, Quantum...more
10/17/2023
/ 5G Network ,
Artificial Intelligence ,
Biotechnology ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Economic Reform ,
EU ,
European Commission ,
Export Controls ,
Foreign Direct Investment ,
Foreign Investment ,
Investment Controls ,
Risk Assessment ,
Semiconductors
In Short -
The Situation: On July 13, 2023, the European Court of Justice ("ECJ") issued a judgment (Case C-106/22 - Xella) clarifying the conditions under which EU Member States may screen and block foreign direct...more
In Short -
The Development: The new Belgian foreign direct investment screening law ("FDI Regime") imposes preclosing filing requirements on non-EU investments into various industry sectors in Belgium, including energy,...more
The UK Competition and Markets Authority ("CMA") announced a review of competition and consumer protection considerations in the development and use of artificial intelligence ("AI") models....more
As technology and regulatory frameworks evolve, artificial intelligence ("AI") legal issues have emerged as a key topic in transactional, litigation, and regulatory compliance contexts. Jones Day partners Laurent De Muyter,...more
In Short -
The Situation: On 27 March 2023, the European Commission ("Commission") published a Communication amending its 2008 Guidance on enforcement priorities concerning exclusionary abuses ("amended 2008 Guidance...more
In Short -
The Situation: The European Commission has presented three initiatives to transform the connectivity sector on 23 February 2023 (the "Connectivity Package")....more
The United States and European Union recently entered into an administrative agreement to collaborate on critical research related to artificial intelligence ("AI"), focusing on five key areas of significant global concern....more
Across multiple continents and industries, artificial intelligence ("AI") is a topic of intense focus by governments, research institutions, investors, and corporations—from start-ups to well-established industry players. As...more
The Council of the European Union ("EU") adopted a new Directive to strengthen cybersecurity and resilience across the Union. -
Following the European Parliament's approval on November 10, 2022, the Council of the European...more
On September 28, 2022, the European Commission published two proposals—the Revised Product Liability Directive and the AI Liability Directive—aimed at adapting liability rules to the green and digital transition within the...more
On September 15, 2022, the European Commission ("EU") published a proposal for a Cyber Resilience Act, the first EU-wide legislation introducing a single set of cybersecurity rules for hardware and software products placed in...more
The European Parliament ("EP") and Council formally adopted the Digital Markets Act ("DMA") in July 2022, imposing new behavioral obligations on large digital platforms qualifying as "gatekeepers." The final agreement...more
Following an extended review, the European Commission ("Commission") has adopted revised competition law exemptions and guidance applicable to agreements in the vertical supply chain.
EU antitrust law prohibits certain...more
5/16/2022
/ Anti-Competitive ,
Antitrust Provisions ,
Competition ,
European Commission ,
Goods or Services ,
New Guidance ,
Regulatory Reform ,
Safe Harbors ,
Supply Chain ,
Vertical Agreement ,
Vertical Block Exemption Regulation (VBER)
The EC recently found that Hungary's veto of Vienna Insurance Group's ("VIG") acquisition of the Hungarian subsidiaries of the AEGON Group, an insurance, pension fund, and asset management company, breached EU merger control...more
On February 23, 2022, the European Commission ("Commission") published a proposal for a Data Act which aims at enhancing data access and use within the European Union ("EU")....more
2/24/2022
/ Artificial Intelligence ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
EU ,
European Commission ,
Information Governance ,
International Data Transfers ,
Internet of Things ,
Personal Data ,
Personally Identifiable Information ,
Proposed Regulation ,
Regulatory Agenda ,
Small and Medium-Sized Enterprises (SMEs)
The EU General Court ("GC") annulled the European Commission's €1.06 billion antitrust fine imposed on Intel in 2009 for allegedly abusing its dominant position in x86 Central Processing Units ("CPUs") by offering loyalty...more
1/27/2022
/ Abuse of Dominance ,
Anti-Competitive ,
Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Corporate Counsel ,
Customer-Loyalty Programs ,
EU ,
European Commission ,
Intel ,
Technology Sector
The Development: The Bundestag, the German legislature, amended Germany's antitrust laws to include special competition rules for digital platform "companies with overwhelming importance for competition across multiple...more
The Development: The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC's regulatory...more
The Situation: On October 6, 2020, the Court of Justice of the European Union ("CJEU") held that the national security laws of the United Kingdom, France, and Belgium, which each require that providers of electronic...more
11/6/2020
/ Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Protection ,
Data Retention ,
Data Security ,
e-Privacy Directive ,
Electronic Communications ,
EU-US Privacy Shield ,
International Data Transfers ,
Location Data ,
Member State ,
National Security ,
Standard Contractual Clauses
The European Commission recently launched two consultations that would expand its investigative powers and establish regulations for digital platforms. The Commission intends to close perceived gaps in its authority to remedy...more
In January 2020, the European Commission endorsed the Toolbox of mitigating measures agreed by the Member States of the European Union to address security risks related to the rollout of 5G. The protection of national...more