News & Analysis as of

European Economic Money

ESMA Highlights EU Regulatory Rules Applicable to ICOs

by Latham & Watkins LLP on

ESMA has published two statements highlighting ICO risks for investors and EU regulatory rules applicable to issuers and advisors involved with ICOs. The European Securities and Markets Authority (ESMA) published two...more

EU Data Transfer Solutions Under Further Judicial Scrutiny – What Next For Model Contract Clauses?

The European Union Court of Justice (“CJEU”) to rule on the validity of Model Contractual Clauses (“MCCs”) following referral by the Irish High Court. The Irish High Court has “well-founded” concerns that there is no...more

ESMA Clarifies Third Country Transitionals Under the EU Benchmarks Regulation

by Latham & Watkins LLP on

ESMA has published a new Q&A clarifying the transitional arrangements for third country benchmarks under the EU Benchmarks Regulation (BMR). Key Points: ..Non-EEA benchmarks that are being used in the EEA before 1...more

Brexit: European Banking Authority Warns Against Letter-Box Entities

by Shearman & Sterling LLP on

The European Banking Authority has published an Opinion on issues relating to Brexit where a UK firm seeks to establish an entity within the EU27. The Opinion is addressed to the European Commission, national regulators of...more

Privacy Progress Report: Key Findings From the EU-U.S. Privacy Shield's First Annual Review

by Faegre Baker Daniels on

On October 18, 2017, the EU Commission released its report of the first annual review of the EU-U.S. Privacy Shield framework. The Privacy Shield is the successor of the Safe Harbor Agreement which was invalidated by the...more

What's at Stake in the Latest Landmark EU International Data Privacy Case?

by Faegre Baker Daniels on

The long-running legal challenge on the validity of transfers of personal data from the European Union reached another milestone last week. On October 3, the Irish High Court referred questions on the validity of EU Standard...more

Validity of personal data export mechanism thrown into question

by Dechert LLP on

The Irish High Court recently asked the Court of Justice of the European Union (CJEU) to rule on the validity of “standard contractual clauses” as a basis for transferring personal data out of the European Economic Area...more

Attention, Employers: ‘Call for Evidence' Provides Opportunity to Influence Post-Brexit Migration Policy

by Faegre Baker Daniels on

The British government commissioned the Migration Advisory Committee (MAC) in July 2017 to advise on “the economic and social impacts of Brexit and on how the U.K.’s immigration system should be aligned with a modern...more

Employment Law Alert October 2017: International Trade Regulations (Dutch)

by Dentons on

The International Trade Regulations (the “Regulations”) entered into force on 1 July 2017. The Regulations are a continuation of the Knowledge Industry pilot and make it possible to temporarily bring foreign workers to the...more

Employment Law Alert October 2017: International Trade Regulations

by Dentons on

International Trade Regulations - The International Trade Regulations (the “Regulations”) entered into force on 1 July 2017. The Regulations are a continuation of the Knowledge Industry pilot and make it possible to...more

The English High Court Rules in Favour of Air Cargo Defendants Regarding Temporal Scope of Claimants’ Claims

by Shearman & Sterling LLP on

On 4 October 2017, the High Court gave a judgment on a preliminary issue significantly restricting the temporal scope of the claimants’ claims in four air cargo cartel damages actions....more

Schrems Strikes Again? The Future of EU Standard Contractual Clauses

by Latham & Watkins LLP on

On October 3, 2017, the Irish High Court announced that it will make a reference to the Court of Justice of the European Union (CJEU) for a preliminary ruling on the validity of the Standard Contractual Clauses, which allow...more

Will the EU box itself in? Fate of Standard Contractual Clauses (aka the Model Clauses) for personal data transfers is now in the...

Executive summary: The EU’s standard contractual clauses may be on the fast track to invalidation, putting a vast number of personal data transfers from the EEA at risk. A case brought by Maximilian Schrems (whose first...more

US-EU Covered Agreement: An Overview

On January 13, 2017, the then-US Secretary of the Treasury and the then-US Trade Representative (USTR) notified Congress that they had negotiated a covered agreement with the European Union (EU). After a period of uncertainty...more

Greenhouse gas emissions trading schemes: A global perspective - European Union

by White & Case LLP on

The world's biggest trading scheme sees proposals intended to stabilize the market and links to Switzerland - The European Union Emissions Trading System (EU ETS) is the world's first and biggest international emissions...more

Structured Thoughts: News for the financial services community, Volume 8, Issue 7

LIBOR: The End Game - Since the announcement on July 27, 2017 by the UK Financial Conduct Authority (the FCA) that the LIBOR rate would be phased out after 2021, much has been written about the complications of switching...more

The Netherlands - Budget 2018 - Dividend withholding tax and non-resident taxation

by Dentons on

On 19 September 2017, the Dutch government released the State’s Budget for the year 2018. The Budget includes a draft bill to expand the dividend withholding tax exemption to tax treaty countries, to introduce a withholding...more

Potential regulatory and transactional impacts for financial institutions

by Dentons on

On 29 March 2017 the UK Government triggered Article 50 of the Treaty on European Union, giving notice to European Council of the EU of its intention to leave the EU and triggering a two year period of withdrawal...more

Corporate and Financial Weekly Digest - Volume XII, Issue 35

SEC/CORPORATE - SEC Commissioners Announce Search for First-Ever Advocate for Small Business Capital Formation - On September 13, the Commissioners of the Securities and Exchange Commission (SEC) announced the launch of...more

Have you started auditing your contracts with your service providers that handle EU personal data? UK Information Commissioner’s...

Many companies have started the potentially lengthy process of auditing their service provider contracts to make sure that they comply with the requirements of the General Data Protection Regulation, which comes into force on...more

Regulation Round Up - August 2017

by Proskauer Rose LLP on

2 August - The UK Competition and Markets Authority announced a consultation on proposed revisions to its published guidance on penalty setting in Competition Act 1998 cases....more

UK Government Publishes Its Position on UK-EU Data Transfers Post-Brexit

by Reed Smith on

The UK Government has published a position paper (“the Paper”), which will form part of a series of papers setting out key issues forming the Government’s vision for their partnership with the EU post-Brexit. The Paper...more

UK Government sets out its preferred post-Brexit landscape for data protection

by Latham & Watkins LLP on

Her Majesty’s Government last week published a position paper outlining its preferred post-Brexit landscape for data protection. The high-level takeaways are hardly surprising: the government stresses that it intends to...more

Brussels Regulatory Brief: August

by K&L Gates LLP on

On 6 July 2017, the European Commission (“Commission”) announced it had opened three investigations against companies which have allegedly breached the European Union (“EU”) merger procedural rules. Two of the cases...more

Hungary proposes introducing national security vetting of non-EEA purchasers in sensitive sectors

by Allen & Overy LLP on

A new draft bill proposes that certain foreign direct investments into Hungary will require the approval of the Interior Ministry. The new rules are proposed to take effect from 29 June 2018, and should be considered in all...more

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Cybersecurity

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