Morgan Lewis (JD Supra European Union)
-
EU Settlement Scheme Deadline of 30 June 2021 Approaches
There are now less than 50 days to go until the 30 June 2021 deadline for all EU, EEA, and Swiss nationals and their family members to apply under the EU Settlement Scheme. Individuals who started living (and can prove this) in the United Kingdom by 31 December 2020 are eligible to make an application…
-
EU Digital Green Certificate: Data Protection Considerations
The European Data Protection Board and European Data Protection Supervisor have published a joint opinion on the data protection aspects of the European Union's proposals for a Digital Green Certificate, a form of COVID-19 vaccine certification that aims to facilitate the free movement of people within the European Union and kickstart international travel.
-
Brexit and Trademarks: Ensuring Continued Protection
From 1 January 2021 the United Kingdom will cease to follow EU rules, bringing significant changes to trademark law in the United Kingdom and European Union that are relevant to all owners of UK and EU trademarks.
-
High Court: UK Government Failed to Implement EU Health and Safety Directives for ‘Limb B Workers’
In a judgment handed down on 13 November 2020, the High Court held that the UK government failed to provide workers with the right not to be disadvantaged for taking steps in response to serious and imminent danger and did not require employers to provide workers with suitable personal protective equipment.
-
EU Parliament Allows Consumers to Pursue EU Wide Collective Actions
The EU Parliament has approved the EU Council’s position on representative actions. By doing so, it has paved the way for consumers in Europe to be able to sue companies collectively.
-
Updates to the CMA’s Merger Guidance Documents (CMA2 and CMA56) Following Brexit
The UK’s Competition and Markets Authority (CMA) on 6 November published draft updates to two of its merger guidance documents (CMA2 and CMA56) in preparation for the end of the Brexit Transition Period on 31 December 2020.
-
Digital Markets: Closing the Regulatory Gap on All Fronts?
The European Commission is opening multiple fronts to adapt and increase regulatory oversight of digital players in the EU Internal Market. At the same time, EU member states such as Germany and France on the one hand, as well as the United Kingdom on the other, are taking separate initiatives at the national level. This activity is all taking place while legislators and regulators in the United...
-
Sovereign Wealth Funds Update: A Buyers’ Opportunity – the European Market and Key Considerations for Distressed M&A Transactions
Economic turmoil as a result of political instability and from the coronavirus (COVID-19) pandemic, together with unallocated capital and low interest rates, means that non-core, but potentially profitable, operations or underperforming distressed assets are increasingly available across Europe.
-
GDPR Hot Issues: Cookies, Data Transfers, and Enforcement Trends
The myriad of data privacy laws across Europe can make it challenging for companies engaged in cross-border business. Between the GDPR, the landmark Schrems II decision, local data privacy laws and Brexit complications...
-
The Approach of the EU and Selected Member States to 5G Network Cybersecurity
This White Paper presents a high-level overview of the current cybersecurity legislation in force or proposed at the European Union (EU) level as well as in a selection of EU member states. - This White Paper is not an exhaustive overview of cybersecurity legislation in the EU. Rather, it focuses on cybersecurity legislation to the extent it affects 5G networks as well as associated hardware,...
-
Cellular Sep Owners Score Two Victories In Europe
In the span of two weeks in August, two different owners of allegedly standard essential patent (SEP) portfolios—asserted against the implementation of cellular standards including 4G/LTE—won cases in Germany and in the United Kingdom.
-
European Cybersecurity for 5G: Member States Widely Differ in their Approaches
With the imminent rollout of new 5G mobile networks, the European Union (EU) and its member states are looking to adequately frame and safeguard the secure implementation of this new key technology. On top of that, foreign countries are also trying to influence EU member states in their approach toward cybersecurity...
-
As EU Considers Rebundling Certain Research Payments, US Firms Eye Knock-on Effects
The European Commission recently launched a consultation on a proposal that would allow investment firms to rebundle payments for research on small- and mid-cap issuers and fixed income instruments, to aid in the recovery from the COVID-19 pandemic and to mitigate the decline in research coverage of those sectors caused by unbundling as observed prior…
-
EU Hydrogen Strategy Upgrades Green Hydrogen from Pipe Dream to Reality
The use of hydrogen as a cleaner alternative to fossil fuel in the transportation sector, as well as for industrial use, has been under discussion for some time, but its potential was very much put in the spotlight recently.
-
HM Revenue & Customs to Get Preferential Status as of 1 December 2020 (UPDATED)
With effect from 1 December 2020, the UK’s HM Revenue & Customs will be given preferential creditor status for certain taxes which a company has collected but failed to pay to HMRC on the date it enters insolvency.
-
The End of the US-EU Privacy Shield, but Standard Contractual Clauses Remain Valid
The Court of Justice of the European Union (ECJ) has finally issued its decision on the validity of standard contractual clauses (SCCs) in the Irish Data Protection Commissioner’s referral to the ECJ for an opinion on the validity of data transfer mechanisms (known as “Schrems II” – Case C-311/18).
-
Update: COVID-19 Entry Restrictions to the European Union Relaxed
We have summarized recommendations made by the European Council for an easement of restrictions for certain residents from July 1, 2020. The European Council has recommended that from July 1, 2020, EU countries allow entry for nonessential travel to residents (not nationals) from the following countries.....
-
European Union Moves Toward New Framework for Foreign Subsidies Control
The European Commission has published a White Paper proposing to grant the Commission new enforcement powers to address competition distortions caused by companies operating in, or entering into, the European Union’s Internal Market, which benefit from subsidies from third-country governments.
-
EU Parliament and Council Agree to Allow Consumers to Pursue EU-Wide Collective Actions
Negotiators from the EU Parliament and Council reached an agreement on 22 June on the Collective Redress Directive (Directive), which will allow groups of individuals to seek compensation through collective actions against companies.
-
EU General Court Annuls Commission Decision to Block UK Telecoms Merger
The European Commission’s ability to block mergers in oligopolistic markets is likely to be more restricted as it faces greater evidential hurdles in meeting the higher standard of proof imposed by the EU General Court, which could lead to more consolidation attempts by competitors in these markets.
-
Towards a New EU ‘Anti-Subsidy Tool?’
The European Commission (EC) is currently working on legislative proposals (the White Paper) that would grant the EC new enforcement powers to address potential competition distortions caused by companies operating in or entering into the EU’s Internal Market, which benefit from subsidies from third-country governments.
-
Securing 5G Networks in the EU: High-Risk Vendors or High-Risk Legislation?
The rollout of 5G networks is taking countries around the world to the next generation of technology. This new generation of networks will offer untapped opportunities for business and services for citizens in a vast variety of sectors, such as transport, energy, manufacturing, media, and health.
-
COVID-19: EU Relaxes Competition Rules for Cooperation in Dairy, Potato, and Flower Sectors
The European Commission (EC) on May 4 announced the adoption of exceptional derogations from EU competition rules to allow certain types of cooperation in the following sectors: milk and milk products, potatoes, and live plants and flowers,..
-
European Data Protection Board Adopts New Guidelines on COVID-19 Contact Tracing Apps
The potential tension between the protection of public health and the fundamental right to personal privacy is being tested on an unprecedented scale in the global coronavirus (COVID-19) pandemic.
-
COVID-19: EU Issues Temporary Business Cooperation Framework and First ‘Comfort Letter’ in Almost 20 Years
The European Commission has provided antitrust guidance to companies cooperating in response to urgent coronavirus (COVID-19) related matters, particularly in the health sector for critical hospital medicines and medical equipment
-
European Commission Further Relaxes Rules on Investment Aid to Firms Amid COVID-19
The European Commission revised its Temporary Framework for State Aid to support the economy during the coronavirus (COVID-19) pandemic, allowing investment aid to companies involved in the fight against the pandemic, as well as new forms of operating aid for companies in severely impacted sectors or regions.
-
COVID-19: Council of the EU Publishes Slot Waiver to Help Airlines
The Council of the EU announced on March 30 that the European Union has suspended the airport slot requirements until October 24. The slot requirements require airlines to use at least 80% of their slots in order to be guaranteed usage of those slots in the following year.
-
COVID-19: EU Commission Issues Guidelines to Protect Against Predatory Buyers
The European Commission on March 25 issued guidelines addressed to its member states outlining an EU-wide approach for foreign direct investment screening. The guidelines seek to protect EU companies as well as critical assets that are essential for the EU’s security and public order, particularly in the areas of health, medical research, and biotechnology.
-
European Commission Approves UK Emergency State Aid for SMEs Affected by COVID-19
UK emergency state aid measures for small and medium-sized enterprises related to the coronavirus (COVID-19) pandemic will include direct grants and guarantees covering 80% of loan facilities.
-
Coronavirus COVID-19: US Admissions from Europe’s Schengen Area Suspended for 30 Days
In an effort to contain the spread of COVID-19, US President Donald Trump announced on March 11 that entry into the United States has been suspended for all individuals who were physically present in the Schengen area—comprising 26 European states—during the 14-day period preceding their anticipated entry into the country.