News & Analysis as of

European Commission

CFIUS for Europe? New Screening of Foreign Direct Investments in Europe

On September 13, 2017, the EU Commission released a proposed regulation establishing a framework for screening Foreign Direct Investments (FDI) in Europe. Several EU Member States have already implemented national mechanisms...more

Pre-Christmas Update on the ePrivacy Regulation

by Reed Smith on

The General Data Protection Regulation (“GDPR”) will enter into force 25 May 2018, and will provide new general data protection standards. In its draft ePrivacy Regulation of 10 January 2017 (“ePrivacy Regulation”), which...more

State Aid in Disguise?—EC Investigates UK Tax Regime

by Jones Day on

The Background: The European Commission has opened an in-depth investigation into a specific provision of the UK-controlled foreign company rules. The Issue: The Commission will investigate whether the UK's so-called Group...more

EU Data Protection Authorities Release Report on Privacy Shield

by King & Spalding on

On November 28, 2017, the statutorily-appointed independent EU advisory body known as the Article 29 Working Party (“WP29”) released its report following the First Annual Joint Review on the EU-U.S. Privacy Shield (“Privacy...more

Implementing Decision Adopted Regarding US Trading Venues Under MiFIR

On December 5, 2017, an Implementing Decision was adopted by the European Commission which recognized certain US trading venues under MiFIR. The Implementing Decision outlined that the European Commission considers US...more

EC Sets out Roadmap on the European Economic and Monetary Union

The European Commission (“EC“) published a communication and legislative proposal on the December 6, 2017, with the goal of finalizing Europe’s economic and monetary union. The communication, which contained a number of...more

ENISA Publishes Report on Recommendations for Data Protection Certification Mechanisms Under the GDPR

by Reed Smith on

On 27 November 2017, the European Union Agency for Network and Information Security (“ENISA”) published a report on Recommendations on European Data Protection Certification (“Report”). The aim of the Report is to identify...more

CJEU Rules Digital Rights Ireland’s Privacy Shield Invalidation Action Inadmissible

by Reed Smith on

On 22 November 2017, the Court of Justice of the European Union (“CJEU”) gave judgment in a case taken by the not-for-profit company, Digital Rights Ireland Limited (“DRIL”). DRIL sought an annulment of the European...more

The WP29 Issues an Ultimatum to Improve the Privacy Shield

by McGuireWoods LLP on

The EU and U.S. competent authorities have one year to implement the recommendations that the Article 29 Working Party (WP29, which is a gathering of all EU national data protection authorities) made in its opinion of...more

Brussels Regulatory Brief: December

by K&L Gates LLP on

On 10 November 2017, the European Union (“EU”) General Court (“GC”) rendered a judgment partially annulling the European Commission’s (“Commission”) decision fining a broker for its involvement in the Libor Yen interest rate...more

Luxury Brands Can Ban Resale on Third Party Websites Euro Court Judgment

by Reed Smith on

As widely expected, the European Court has followed the opinion of its Advocate General and upheld a clause in a selective distribution agreement for Coty cosmetics which prevents authorised retailers from selling Coty...more

Antitrust, distribuzione selettiva e piattaforme online: finalmente i chiarimenti della Corte di Giustizia

by Allen & Overy LLP on

Consultazione - È possibile nell’ambito di un sistema di distribuzione selettiva vietare ai rivenditori autorizzati l’utilizzo delle piattaforme online? A questa domanda nel recente passato hanno risposto in modo...more

Sweden Announces Product Registration Requirement for Nanomaterials

by Bergeson & Campbell, P.C. on

On December 5, 2017, the Swedish Chemicals Agency (KEMI) announced that it has amended the information requirements for the products register to require notifiers to provide information on nanomaterials contained in chemical...more

Publication of the notified bodies’ designation codes under the MDR and IVDR

by Hogan Lovells on

The European Commission’s Implementing Regulation concerning the list of codes defining the scope of designation of notified bodies under the Medical Devices Regulation (“MDR”) and In Vitro Diagnostic Regulation (“IVDR”) has...more

EC Publishes Report on Follow-Up to Call for Evidence on EU Regulatory Framework for Financial Services

The European Commission (“EC“) published on December 1, 2017 a report on the follow-up to its call for evidence on the EU regulatory framework for financial services. The report contains an update on progress on the...more

ESMA Issues Technical Advice on Format and Content of Prospectuses: Focus on Proposed Deletion of Requirement to Include...

by Jones Day on

As noted above, the new Prospectus Regulation entered into force on 20 July 2017. Following a request for technical advice from the European Commission, the European Securities and Markets Authority ("ESMA") has published...more

European Commission Consults on Improving Supervisory Reporting

by Shearman & Sterling LLP on

Following its 2015 Call for Evidence on the EU regulatory framework for financial services, the Commission has issued a report on progress on the targeted follow-up measures to the Call for Evidence, which was set out in a...more

RIVM Takes Critical Look at EUON

by Bergeson & Campbell, P.C. on

The Dutch National Institute for Public Health and the Environment (RIVM) published a brochure entitled “The European Union Observatory for Nanomaterials: A step forward?” on November 30, 2017. RIVM concludes that the...more

EIB and European Commission Launches Advisory Service to Help Cities Plan Investments

On November 28, 2017, the European Investment Bank (“EIB“) and the European Commission launched UBRIS (for “Urban Investment Support“), an urban advisory service with the goal of assisting cities in member states in accessing...more

Council of the EU Publishes Progress Report on Commission’s Initiatives to Strengthen the Banking Union

On November 29, 2017, the Council of the EU published a report on the progress of the European Commission’s initiatives to strengthen the banking union, including the proposed Regulation establishing the European deposit...more

European Parliament’s Committee on ECON Publishes Draft Reports on CRR II Regulation and CRD V Directive

On December 1, 2017, Economic and Monetary Affairs (“ECON“) published its draft report on the proposed CRR II Regulation and its draft report on the proposed CRD V Directive. The European Commission’s proposals for the CRR...more

eDiscovery and the GDPR: Ready or Not, Here it Comes: eDiscovery Best Practices

by CloudNine on

...Europe’s General Data Protection Regulation (GDPR) is set to take effect in less than 200 days. It is important to understand the changes this new set of regulations will impose, but it is also important to understand that...more

European Commission Concludes that the SEPA Regulation Does Not Require Amending

by Shearman & Sterling LLP on

The European Commission has published a Report to the European Parliament and the Council of the European Union on the application of the SEPA Regulation. The SEPA Regulation establishes technical and business requirements...more

The European Commission publishes communication on Standard Essential Patents

by Allen & Overy LLP on

On 29 November 2017 the European Commission (the Commission) published the long-awaited “Communication from the Commission to the European Parliament, the Council, and the European Economic and Social Committee”, setting out...more

An EC Communication on SEPs – Not More Not Less

A summary of the European Commission’s Policy Document on standard essential patents (SEPs). After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more

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