Hogan Lovells (JD Supra European Union)
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The European Commission issues Schrems II-proof Standard Contractual Clauses to allow global dataflows
Following the coming into effect of the GDPR three years ago and in light of last year’s Schrems II decision, the European Commission has adopted a new set of Standard Contractual Clauses (SCCs) aimed at enabling lawful transfers of personal data to non-EU countries.
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AI & Algorithms (Part 3): Why the EU’s AI regulation is a groundbreaking proposal
On April 21, 2021, the European Commission published its bold and comprehensive proposals for the regulation of artificial intelligence. With suggested fines of up to 6% of annual global turnover, as well as new rules and prohibitions governing high-risk AI systems ...
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European Climate Law
The European Commission, the Council and the European Parliament have agreed on a so-called "European Climate Law". After the European Commission had already proposed the draft for the “Regulation establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999” in March 2020, it has now been…
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AI & Algorithms (Part 2): The EU releases its new regulation on artificial intelligence
On 14 April 2021, the EU Commission’s long-awaited draft proposals for the regulation of artificial intelligence (AI) were leaked. The proposals, which are due to be formally announced on 21 April, set out a bold and comprehensive new legal framework for AI that are intended to address a wide-variety of challenges commonly associated with these…
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New roads to Brussels - Commission revamps approach to Member State referrals
On 26 March 2021, the European Commission (“Commission”) has, without any public consultation, published its new guidance on accepting merger referrals from Member States under Article 22 of the European Merger Regulation (“EUMR”), which it had announced last year.
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Capital Markets Recovery Package (CMRP) – Quick fixes or long-term solution?
CMRP has introduced new EU rules for NPL securitisations and a framework for “STS” synthetic securitisations - On 1 January 2019 EU Regulation 2402/2017 (Securitisation Regulation) started to apply, giving rise to one of the most ambitious capital markets projects of the EU: the creation of an homogeneous regulatory framework applicable to all European securitisations.
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EU law: what's retained?
New Year’s Eve 2020 was a bit different from other years, and for more reasons than one. It will certainly be a date that any English lawyer advising on the UK’s postBrexit legal system will not easily forget. At 11pm GMT, EU law ceased to apply to and in the UK. Originally published in New Law Journal - March 12, 2021. Please see full Publication below for more information.
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Growing convergence towards a hard law duty of care in the EU
Recent years have seen a general move towards increased accountability and responsibility obligations imposed on businesses to respect human rights and prevent adverse impacts throughout the value chain. Nearly ten years after the adoption of the UN Guiding Principles on Business and Human Rights (“UNGPS”), mandatory human rights due diligence initiatives are on the rise…
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Operational resilience regulatory framework in Europe
In recent years, operational resilience has come under the spotlight of financial regulators globally, leading to a proliferation of new regulation. The sheer number of publications on this topic can be confusing for businesses navigating the regulatory landscape.
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How much can your car know about you? – EU guidelines on data protection and connected vehicles
Cars today are able to keep us permanently plugged-in, while collecting and generating increasing amounts of information as a result of their interaction with the driver, passengers, pedestrians, other vehicles, road infrastructures, the environment, etc. Something that once served us just to move from point A to point B is now turning into a massive data hub, by integrating sensors and onboard...
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ePrivacy update: Comparison of the three EU drafts
On 10 February 2021, the Council of the European Union (Council) agreed its negotiating mandate for the proposed Regulation on Privacy and Electronic Communications (ePR), which will replace the current ePrivacy Directive 2002/58/EC (ePD).
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New EU regulation defines “Food Safety Culture”
The European Union (EU) recently adopted a regulation requiring food business operators to establish and provide evidence of an appropriate food safety culture and detailing the steps they must take to satisfy this obligation.
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Working with the European Commission on sustainable corporate governance
A team led by Christelle Coslin, Liam Naidoo, Julia Marlow and Kevin O’Connor has submitted a response to a European Commission consultation on their sustainable corporate governance initiative. Please see full Publication below for more information.
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What’s next for representative actions in the EU and UK? Hogan Lovells speaks at BIICL
Hogan Lovells litigation partners Matthew Felwick and Valerie Kenyon took part in a panel discussion on the EU Representative Actions Directive, at the British Institute of International and Comparative Law (BIICL) on 3 February 2021. The panellists included Augusta Maciuleviciute (BEUC - the EU consumer organisation), Neil Purslow (Therium Capital Management), and Rhonson Salim (Aston Law School)
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European Commission takes key step towards free flow of data to the UK
On February 19, the European Commission (EC) published the draft of its much hoped-for adequacy decision for transfers of personal data to the UK under the EU General Data Protection Regulation (EU GDPR) (Draft Adequacy Decision).
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The European Commission issues guidance concerning management of legacy devices in EUDAMED
On 15 February 2021, the European Commission published guidance on the Management of legacy devices in EUDAMED. This guidance addresses the registration and identification of legacy devices in EUDAMED. Legacy devices are devices that are covered by a valid certificate issued in accordance with Directive 93/42 concerning medical devices ...
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Business and Human Rights: Recent panel discussion on the international, European and French landscape
On 21st January 2021, a roundtable was organised by the Association Française des Juristes d’Entreprises (AFJE), Doctrine and Le Grand Continent to discuss where Business and Human Rights issues stand. the following topic.
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Collective bargaining for the self-employed – a tough gig?
On 6 January 2021, the European Commission published an "Inception Impact Assessment" seeking feedback on an initiative aimed at defining EU competition law's scope of application to "self-employed" workers (in advance of an open public consultation anticipated for spring 2021).
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The EC publishes an inception impact assessment for the proposal of a European Health Data Space
The European Commission has published an inception impact assessment for a potential legislative proposal establishing a European Health Data Space. In its document, the European Commission identifies the problems currently faced by the current framework for cross-border exchanges of health data.
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The Business and Human Rights landscape is shifting – be part of the conversation
The European Commission has opened an important new consultation. It asks about the possibility of introducing a mandatory duty for all companies operating in the EU to conduct human rights and environmental due diligence across their supply and/or value chains.
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Remote QMS audits under the MDR are finally allowed by the European Commission
On 11 January 2021, the European Commission published a Notice which provides the conditions under which remote audits under Regulation 2017/745 of 5 April 2017 on medical devices (MDR) and Regulation 2017/746 of the of 5 April 2017 on in vitro diagnostic medical devices (IVDR) may be performed.
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EU seeks to bolster cybersecurity regulation with the introduction of NIS 2.0
On 16 December 2020, the EU released its proposed revisions to the existing Directive 2016/1148 on the security of network and information systems (NIS2).
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EU General Court rules sports associations cannot stop athletes from competing in third-party events
On 16 December 2020, the General Court largely confirmed the European Commission’s Decision according to which the International Skating Union’s (the “ISU”) rules on eligibility are contrary to EU competition law.
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Like the movies… – The ECJ’s Paramount judgment (C-132/19 P)
Settlements are a frequently used means of efficiently terminating proceedings, not only in cartel cases but also in other antitrust proceedings. The EU Commission can avoid having to spend resources on a time-consuming investigation...
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Shaping Europe’s Digital Future – EU publishes its draft Digital Services Act
Awaited with bated breath by stakeholders in the online industry and by IP right holders alike, the EU Commission published its official draft for the Digital Services Act (DSA). The DSA is conceived as one of the central pillars for its ambition to shape Europe’s digital future.
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DMA - a whole new world for large platform service providers?
The European Commission has published the long awaited Digital Markets Act proposal. The Proposed Regulation imposes a series of ex ante behavioural obligations on entities that the Commission designates as ‘gatekeepers’.
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Faster, greener and more digital: The EU Commission's IP strategy as a focal point for trends in antitrust law
On November 25, 2020, the EU Commission adopted an action plan for intellectual property to promote recovery and resilience in the EU – its plan for a new IP strategy. The focus is not only on the protection of, but the access to innovation.
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EU adopts a global human rights sanctions regime
On 7 December 2020, the EU adopted a global human rights sanctions regime. No individuals have been designated yet. Going forward, this means that companies should ensure that they conduct sanctions screening on all counterparties and business partners against the EU asset freeze list, even if those third parties are not located in a country specifically targeted by an EU sanctions programme.
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Civil liability regime for artificial intelligence
On 20 October 2020, the European Parliament put forward detailed legislative proposals on a civil liability regime for artificial intelligence. The European Commission will consider the proposals and reports submitted by the European Parliament, with its legislative proposal on these matters being expected in early 2021.
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COVID-19 Report for Life Sciences and Health Care Companies (UPDATED)
In Tuesday's Report: European Commission proposes far-reaching pharmaceutical strategic plan, Biden names health care nominees, and warnings over Christmas COVID-19 spread.