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Latest documents

• 10 Things You Should Know About the EU Artificial Intelligence Act

  The Artificial Intelligence Act (AI Act) is the first comprehensive legislation that intends to regulate AI horizontally across all sectors in Europe. It will have far reaching consequences on all companies developing, implementing, or using AI solutions in the EU and beyond. These FAQs provide key information you should know before the AI Act is adopted, and some tips on what you can already be doing to prepare.

• Constructing the low-carbon economy

  With an unprecedented momentum for the construction of new major projects linked to the shift away from fossil fuels and the development of a low-carbon economy, there is a real focus on construction law issues relevant to such projects - The widespread recognition of the urgent need to transition away from fossil fuels in energy systems, combined with a drive to decarbonize hard-to-abate industries, corporate and geopolitical tussles for supply chain security and market share for new green technologies, as well as various regulatory incentives and trade barriers, are collectively building unprecedented momentum for the investment in and construction of new major projects.

• AIFMD II: Timeline to Implementation

  In March, the Council of the European Union published the Alternative Investment Fund Managers Directive (AIFMD II), aimed at harmonising the rules on delegation, reporting and liquidity management, together with bringing in a new framework for loan origination funds.

• Corporate Sustainability Due Diligence Directive: Final Sprint to the Finish Line

  The EU legislature has finally reached an agreement on the text of the Corporate Sustainability Due Diligence Directive (CS3D) (see here our previous client alert). The CS3D profoundly affects the ways companies active in Europe will manage their supply relationships and supply chains worldwide. The CS3D also establishes legal liability for companies regarding both environmental and human rights harm within their supply chain. EU and non-EU companies should be aware that violations of the CS3D may result in fines of up to 5% of their net worldwide turnover, harming the company’s reputation by naming and shaming, and potential private enforcement. Its global impact may be compared to that of the General Data Protection Regulation (GDPR).

• European Court of Human Rights Delivers Three Landmark Rulings on Climate Change

  For the first time, the Court has confirmed that the adverse impacts of climate change fall within the ambit of human rights protection under the European Convention of Human Rights, obliging States to implement effective mitigation measures. On 9 April 2024, the European Court of Human Rights delivered three Grand Chamber rulings in climate change-related cases. These three separate judgments are the latest in a number of climate litigation in recent years. While two of the cases were dismissed as inadmissible on varying grounds, the Court concluded that Switzerland had breached Article 8 of the European Convention of Human Rights (ECHR) by failing to implement effective measures to combat climate change. This development is highly likely to lead to similar challenges to governments’ climate policies in the near future, and likely influence the litigation strategy of those bringing actions against both States and companies.

• Unlocking Digital Infrastructure: European Market Drivers and Trends

  M&A activity in the digital infrastructure sector has been growing year-on-year in Europe, with deal counts and cumulative deal values highlighting the resilience of this asset class. 2024 is likely set to hit a new peak of transaction activities in volume and value of transactions, since at the end of 2023, the deal activity in the region already looked similar to the full-year 2021.

• Regulatory monitoring: EU version - March 2024

  1. Bank regulation- 1.1 Prudential regulation- (a) General- (i) International- BCBA: Basel III monitoring report- Status: Final- BCBS has published its latest monitoring report setting out the impact of the Basel III framework, based on data as of 30 June 2023. It shows that initial Basel III capital ratios for a sample of the largest global banks were largely stable and above prepandemic levels in the first half of 2023, and that the leverage ratio rose further in Europe after declining in all regions during the pandemic. In the same period, the profit after tax of large internationally active banks increased to a record €279 billion. Date of publication: 06/03/2024.

• EU Emergency Response Update – Key Policy & Regulatory Developments No. 112

  This regular alert covers key regulatory developments related to EU emergency responses, including in particular to Russia’s war of aggression against Ukraine, COVID-19, and cyber threats. It does not purport to provide an exhaustive overview of developments.

• Global business in a changing Europe - 2024

  With Parliamentary elections and a series of national votes in 2024, the EU is entering a pivotal period in its history. In this study, ‘Global business in a changing Europe’, we speak to corporate leaders across the world to explore the bloc’s key risks and opportunities, their views on the EU’s regulatory structures – and how they are navigating this increasingly complex environment.

• Key forthcoming EU legislation on Cybersecurity, Artificial Intelligence, Data and Digital Markets

  NETWORK AND INFORMATION SECURITY 2 DIRECTIVE (NIS2) - WHO WILL BE IN SCOPE? Operators of essential and important services across various sectors including energy, transport, banking, health, medical devices, chemicals and digital. In-scope entities in the digital sector include infrastructure providers (including cloud computing) as well as other digital providers such as online marketplaces, search engines and social networks.

Featured documents

• European IP Bulletin - Issue 76, January 2011

  In This Issue: COPYRIGHT Copyright Designs and Patents Act 1988 (Amendment): PPL Licence Exemptions Abolished The Newspaper Licensing Agency Ltd v Meltwater Holding BV: Online Commercial Media Monitoring Services and The End User Licence Debate ITV Broadcasting Ltd v TV Catch Up Ltd:...

• European IP Bulletin - Issue 78, March 2011

  In This Issue: TRADEMARKS: Hasbro Inc v 123 Nahrmittel GmbH: Acquired Distinctiveness Versus Descriptiveness BACKGROUND -Hasbro’s modelling clay for children, sold under the PLAYDOH mark, has been in existence since the 1950s. Hasbro owns UK and Community trade marks for the words PLAYDOH....

• Dealing With Data Breaches in Europe and Beyond

  The use of increasingly advanced technology means that the ways in which data breaches occur are becoming more difficult to prevent and track. Influenced by the US model, a growing number of EU and European Economic Area (EEA) countries are developing rules on data breach notification. In Europe, “d...

• EU's Top Competition Court Rules that Companies Seeking Damages May Have Access to Leniency Statements

  Introduction The European Commission has consistently taken the position that applications for leniency from suspected cartel participants should not be disclosed to prospective claimants wishing to bring follow-on damages claims. A recent decision by the Court of Justice of the European...

• Guidelines from European Regulator Focus on High Frequency and Algorithmic Trading Obligations

  1. Background On July 20, 2011, the European Securities and Markets Authority (ESMA) issued a consultation paper on systems and controls relating to high frequency trading (HFT) and other forms of automated trading. ESMA is a newly established European authority with the remit to work on and...

• EU Opens Antitrust Probe Into E-Payment Services

  On September 26, 2011, the European Commission (Commission) announced that it has opened a competition law investigation into the standardisation process for payments over the internet (e-payments) undertaken by the European Payments Council (EPC). The Commission will examine the standardisation...

• European Commission Reform of Antitrust Procedures and Revised Hearing Officer Mandate

  On October 17, 2011, the European Commission (Commission) adopted a set of packages designed to safeguard parties’ procedural rights and to increase interaction between the Commission and interested parties in EU antitrust proceedings. The package comprises best practices guidelines on the conduct...

• The Review Of The Markets In Financial Instruments Directive: The European Commission Publishes Legislative Proposals

  The Markets in Financial Instruments Directive (2004/39/EC) (“MiFID”) and implementing legislation, in force since November 2007, sets out a framework for regulating investment services in financial instruments provided by investment firms and credit institutions. MiFID also provides a framework...

• Cancellation of State guarantees made more difficult - The Residex ruling of the ECJ requires national courts to look for more proportionate measures to remedy unlawful State aid

  Cancellation of State guarantees made more difficult On 8 December 2011, the European Court of Justice (“ECJ”) gave its hotly anticipated ruling in the Residex case on guarantees under the State aid rules. The issue is whether EU law requires State guarantees to be cancelled when non-notified,...

• "European Securities and Markets Authority Publishes New Guidelines to Apply From May 2012 for Regulation of Automated and Algorithmic Trading in the EU"

  On 22 December 2011, the European Securities and Markets Authority (“ESMA”) published guidelines (the “Guidelines”) on EU electronic trading systems, trading algorithms and the provision by investment firms of direct market or sponsored trading system access. ESMA is the European Supervisory...