The European Commission has published new guidance and related regulations concerning cooperation among competitors, under Article 101 of the Treaty on the Functioning of the European Union (TFEU). These replace instruments...more
6/14/2023
/ Algorithms ,
Climate Change ,
Competition ,
Corporate Counsel ,
EU ,
European Commission ,
Infrastructure ,
Safe Harbors ,
Sustainability ,
Technology Sector ,
Telecommunications ,
Treaty on the Functioning of the European Union (TFEU)
SEC Proposes Significant Updates to Regulation S-P and Cyber Risk Management Rule for Market Entities -
At an open meeting on March 15, 2023, the Securities and Exchange Commission (the “Commission) issued a release and...more
3/31/2023
/ Colorado ,
Cybersecurity ,
EU ,
European Court of Justice (ECJ) ,
European Data Protection Board (EDPB) ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Fraud ,
General Data Protection Regulation (GDPR) ,
Privacy Laws ,
Proposed Regulation ,
Scams ,
Securities and Exchange Commission (SEC) ,
Sensitive Personal Information ,
Social Media
U.S. Government Releases Guide of ‘Minimum Baseline’ Cybersecurity Practices for Protecting Critical Infrastructure -
The Cybersecurity & Infrastructure Security Agency (“CISA”) has released a guide to help organizations...more
11/11/2022
/ Advisory Board ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
European Commission ,
European Court of Justice (ECJ) ,
European Data Protection Board (EDPB) ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
International Data Transfers ,
Internet of Things ,
Joint Control ,
New Guidance ,
Popular ,
Transatlantic Trade and Investment Partnership ,
TTP
On 12 October the Digital Markets Act (DMA)1 was published in the Official Journal of the European Union. The DMA will enter into force on 1 November 2022 and will apply as of 2 May 2023. The DMA introduces European-wide ex...more
10/26/2022
/ Acquisitions ,
Competition ,
Compliance ,
Corporate Counsel ,
Digital Marketplace ,
Digital Markets Strategy ,
Digital Platforms ,
Enforcement ,
EU ,
European Commission ,
Member State ,
Mergers ,
Proposed Regulation ,
Regulatory Oversight ,
Sanctions
US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases -
On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more
9/30/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advisory Opinions ,
Appellate Courts ,
Automation Systems ,
Breach of Confidence ,
Breach of Contract ,
Breach of Duty ,
Breach of Implied Contract ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Class Action ,
Cyber Attacks ,
Cybersecurity ,
Dark Web ,
Data Breach ,
Data Collection ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fiduciary Duty ,
Fraud ,
General Data Protection Regulation (GDPR) ,
Hackers ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Identity Theft ,
Negligence ,
Popular ,
Putative Class Actions ,
Request For Information ,
Risk Assessment ,
Surveillance ,
UK
When the UK Government first introduced the Online Safety Bill (the "Bill") to Parliament, it lauded the Bill as creating "world-leading online safety laws" which "marked a milestone in the fight for a new digital age". The...more
6/8/2022
/ Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Online Platforms ,
Online Safety for Children ,
Pending Legislation ,
Personally Identifiable Information ,
Regulatory Agenda ,
Regulatory Reform ,
Search Engines ,
Social Media ,
UK ,
Websites
SEC Proposes and Seeks Comments on New Cybersecurity Rules -
At an open meeting on February 9, 2022, the Securities and Exchange Commission (“SEC”) voted three-to-one to propose new and amended rules regarding cybersecurity...more
2/25/2022
/ Asset Management ,
Cybersecurity ,
Data Collection ,
Disclosure Requirements ,
EDPS ,
International Data Transfers ,
Personal Data ,
Policies and Procedures ,
Popular ,
Registered Investment Advisors ,
Registered Investment Companies (RICs) ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Spyware
FTC Announces Regulatory Priorities for 2022 -
On December 10, 2021, the Federal Trade Commission (“FTC”) published its Statement of Regulatory Priorities (“Announcement”) for 2022. The FTC’s priorities for the coming year...more
1/14/2022
/ Breach Notification Rule ,
COPPA ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Hackers ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Identity Theft ,
Location Data ,
Popular ,
Ransomware ,
Regulatory Violations ,
Threat Management ,
Vulnerability Assessments
We are delighted to introduce Dechert Cyber Bits, brought to you by members of our top-ranked, global Privacy & Cybersecurity practice. Cyber Bits is a bi-weekly publication that will provide a short summary of key...more
10/22/2021
/ Artificial Intelligence ,
Biometric Information ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
European Data Protection Board (EDPB) ,
Popular ,
Ransomware ,
State Privacy Laws ,
UK
Key takeaways - The European Commission (EC) recently issued guidance encouraging Member States to make use of the option, foreseen in the EU Merger Regulation (EUMR), to request the EC to review transactions that do not meet...more
On May 5 the European Commission issued its proposal to create wide-ranging powers to tackle non-European subsidies which may distort competition in Europe. The proposal introduces three different regimes: An ex officio...more
Share options or other equity incentives (such as growth shares) are an effective way to align the interests of investors with those individuals managing the company on a day-to-day basis. As a result, they are a common...more
The European Commission’s antitrust arm, DG COMP, has for the second time publicly confirmed that a COVID-19 initiative among pharmaceutical companies is compliant with EU antitrust laws. It did so by way of a “comfort...more
On 10 February 2021, over two and a half years after the anticipated adoption of the e-Privacy Regulation, European Member States have agreed to a revised text. Portending a potential break in the three-year impasse, the...more
2/17/2021
/ Cybersecurity ,
Data Protection ,
e-Privacy Directive ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
Member State ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Agenda ,
Regulatory Requirements
Recent notable industry transactions.
The Alan Turing Institute, the Royal Statistical Society and the UK Department of Health and Social Care's Joint Biosecurity Centre finalised a partnership agreement in relation to the...more
12/2/2020
/ AstraZeneca ,
Bayer ,
Coronavirus/COVID-19 ,
Corporate Sales Transactions ,
Infectious Diseases ,
Life Sciences ,
Merck ,
Mylan Pharmaceuticals ,
Pfizer ,
Pharmaceutical Industry ,
UK
Medicines and Medical Devices Bill (MMDB) – The MMDB is intended to act as the primary UK legislation specifying powers that would enable the regulatory regimes for human medicines, clinical trials, veterinary medicines and...more
As the most tax advantageous HMRC approved share option scheme available, the Enterprise Management Incentive (EMI) scheme has long been the preferred form of incentive for eligible early and mid-stage UK-based life science...more
The UK has announced a bill proposing a new system to screen transactions for national security risk, separate from the system of merger review operated by the Competition and Markets Authority. The National Security and...more
12/2/2020
/ Antitrust Provisions ,
Biotechnology ,
Foreign Investment ,
Legislative Agendas ,
Life Sciences ,
National Security ,
Pharmaceutical Industry ,
R&D ,
Regulatory Agenda ,
UK ,
UK Parliament
The UK has become one of the latest in a line of countries around the world to tighten FDI screening rules in the context of the COVID-19 pandemic. The legislative changes that were passed recently affect the rules in two...more
10/26/2020
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cryptography ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Jurisdictional Thresholds ,
Merger Controls ,
National Security ,
Proposed Legislation ,
Public Health Emergency ,
Public Interest ,
Threshold Requirements ,
UK
Key Takeaways -
- Foreign Direct Investment (FDI) controls are proliferating around the globe. Since the pandemic, “health” has become a particular focus.
- Several countries have adapted their existing FDI rules, or...more
7/29/2020
/ Australia ,
Austria ,
Biotechnology ,
Canada ,
CFIUS ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Czech Republic ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
France ,
Healthcare Facilities ,
Hungary ,
Italy ,
Japan ,
Medical Devices ,
Member State ,
Mergers ,
New Zealand ,
Pharmaceutical Industry ,
Poland ,
Slovenia ,
Spain ,
Threshold Requirements ,
UK ,
Voting Rights
The EU Foreign Direct Investment Regulation will be in full force from October 11, 2020. We expect it will radically alter the dynamics of foreign investment review in Europe. Any non-EU investor and any EU target company...more
5/18/2020
/ Acquisitions ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidiaries ,
Member State ,
Mergers ,
National Security Review Proceedings ,
New Regulations ,
Non-EU Investors ,
UK Brexit
Strong signal that the EU wants to protect its critical businesses and that the European Commission’s “advisory” role under the EU FDI Regulation will be significant .
Key Takeaways -
In response to concerns raised by...more
All forms of movement are under serious threat in the current global climate: with an estimated 1/4 of the world’s population in lock down, this unprecedented government intervention has slashed passenger demand and halted...more
3/30/2020
/ Automotive Industry ,
Aviation Industry ,
Best Practices ,
Coronavirus/COVID-19 ,
Cruise Ships ,
Economic Stimulus ,
EU ,
Federal Loans ,
Financial Assistance Policies ,
Government Assistance ,
Government Lockdown ,
Relief Measures ,
Risk Management ,
Shipping ,
Supply Chain ,
Transportation Industry ,
UK
The German antitrust authority (FCO) has ordered Facebook to stop collecting data outside Facebook’s platform without the user’s “voluntary consent.” The decision breaks new ground because it links data protection and...more
2/8/2019
/ Abuse of Dominance ,
Antitrust Investigations ,
Antitrust Violations ,
Competition Authorities ,
Data Collection ,
Data Protection ,
Facebook ,
Federal Cartel Office (the FCO) ,
General Data Protection Regulation (GDPR) ,
Germany ,
Instagram ,
Monopolization ,
Prior Express Consent ,
WhatsApp ,
Without Consent