This article discuss steps that company directors should take to ensure their most valuable assets are afforded as much protection as possible from both a US as well as a European perspective.
Learn how Turkey governs data transfers - both domestically and cross-border.
Read about the current state of transfers of personal data out of the UK post-Brexit, and how they may or may not diverge from the EU GDPR.
Learn about the European Commission's new Standard Contractual Clauses which are effective as of December 2022, and the outlook for trans-Atlantic data transfers.
Learn about the latest developments in greenwash claims and challenges in enforcement in the United Kingdom.
Learn about the developments around the EU-US Trans-Atlantic Data Privacy Framework announced March 2022.
As of 1 November 2022 trusts and funds for joint account (fondsen voor gemene rekening) are required to register an Ultimate Beneficial Owner (uiteindelijke belanghebbende) (UBO) with the Dutch UBO Register as managed by the Dutch Chamber of Commerce. The initial registration for existing trusts and funds for joint accounts with the UBO Register had to be completed before 1 April 2023. A trust with a trustee located in the Netherlands must register its UBO. The same applies, for example, in case a fund for joint account is created under Dutch law. Note that the criteria that apply to determine whether a UBO of a trust or fund for joint account qualifies for registration are different from (and wide in cope) those applied to Dutch legal entities.
On 9 February 2023, the UK Competition and Markets Authority (“CMA”) published new competition law guidance targeted at employers. Its purpose is to remind employers that they must comply with competition law when setting wages, working conditions for new and existing employees, and policies on staff recruitment and retention.
The EU AI Act is hotly anticipated as being a benchmark AI law that other jurisdictions might look towards when developing their own laws (much like GDPR has become a standard upon which some other countries’ own laws are based). First, much like the GDPR in terms of impact, the EU AI Act will have an extra-territorial scope, extending to providers and users of AI outside the EU where the output is used in the EU. Secondly, the Act does lay down fixed penalties for certain infringements of the Act, the highest fine being 30,000,000 EUR or 6% of a company’s total worldwide annual turnover (3% in the case of an SME or start-up) for non-compliance with the prohibitions of AI practices.
Can companies collaborate in the interests of environmental sustainability agreements without breaching competition law in the UK? This important question is tackled by draft guidance published by the Competition and Markets Authority (“CMA”) on 28 February 2023 (“guidance”). The guidance sets out the CMA’s proposed approach to how agreements between competitors in relation to environmental sustainability will be assessed and aims to provide businesses with clarity and comfort on the CMA’s enforcement approach to encourage such initiatives to be progressed. The guidance aligns with the important role the CMA considers it has to play in tackling climate change, as noted in a recent statement by the CMA’s CEO on 25 January 2023.