News & Analysis as of September 18, 2024

United Kingdom

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

International Transfers of Personal Data After Schrems II: Practical Compliance Steps

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/27/2024

Quick Hits Schrems II Recap Most people are now familiar with the Schrems II requirements to “know your transfers” and to protect personal data when such information is subject to processing (including remote access to...more

AIFMD II: Unveiling the timeline for the new loan origination regime

A&O Shearman on 3/29/2024

The text of the Directive amending the Alternative Investment Fund Managers Directive (AIFMD) (AIFMD II) was published on 26 March 2024 and will enter into force on 15 April 2024. AIFMD II introduces, among other changes,...more

Foreign Direct Investment: Key Recent and Future Developments in Europe and the US

BCLP on 3/27/2024

At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...more

UK Right to Work Changes Employers Should Be Aware Of

Littler on 3/1/2024

The Home Office has updated its guide on right to work (work authorization) checks for employers in the UK. Changes coming into effect this month include a less flexible approach to late applications to the EU Settlement...more

UK Government Deems all EEA Countries’ UCITS Regimes Equivalent Under the UK’s Overseas Funds Regime

Dechert LLP on 2/23/2024

Operators marketing EU UCITS in the UK under the FCA’s temporary marketing permissions regime (“TMPR”) will be able to continue to do so following the expiry of the TMPR, provided they register the UCITS in question for...more

The Standard Formula: A Guide to Solvency II – Chapter 3: Cross-Border Services and Overseas Branches

Skadden, Arps, Slate, Meagher & Flom LLP on 1/30/2024

(Re)insurance is a global business. It is common for (re)insurance groups to operate in a range of jurisdictions via: i. locally incorporated and authorised subsidiaries, ii. local branches of third country...more

New EU & UK Sanctions

Akin Gump Strauss Hauer & Feld LLP on 12/27/2023

EU’s 12th Sanctions Package - On 19 December 2023, the Council of the European Union (EU) together with the Commission published its 12th round of sanctions....more

Ireland Introduces Foreign Investment Screening Regime

Jones Day on 12/1/2023

The Development: The Screening of Third Country Transactions Act 2023 (the "STCT Act") was signed into law on October 31, 2023, introducing a new investment screening regime in the Republic of Ireland ("Ireland") with a...more

Transatlantic Transfers of Personal Data: Transferring a Privacy Shield Certification to the New EU-U.S. Data Privacy Framework

Jackson Lewis P.C. on 10/2/2023

Effective July 10, 2023, the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”) replaced the invalidated EU-U.S. Privacy Shield framework (“Privacy Shield”). Participating U.S. organizations can now receive personal data...more

The New EU-U.S. Data Privacy Framework in Half a Dozen FAQs

BakerHostetler on 7/13/2023

On July 10, 1962, NASA launched Telstar 1, the first active communications satellite linking Europe and the United States through live television transmission. Sixty-one years later, on July 10, 2023, the European Commission...more

European Commission Approves EU-US Data Privacy Framework for Data Transfers - What Does This Mean for Your Organization?

Womble Bond Dickinson on 7/13/2023

On July 10, 2023, the EU Commission approved the EU-U.S. Data Privacy Framework (“EU-US DPF”) as a valid transfer mechanism for sharing personal data from European Economic Area countries (those in the EU plus Iceland,...more

CAT uses broad axe to quantify Trucks Overcharge

BCLP on 5/25/2023

In July 2016, the European Commission issued a settlement decision finding that five major truck manufacturers participated in an EEA-wide cartel involving collusion on the prices of medium and heavy trucks and the timing and...more

Financing losses and interest - simple pleasures or compounding the misery?

BCLP on 3/20/2023

It has long been a mystery to economists, accountants and business people why lawyers have regard to simple interest in commercial cases, in circumstances where companies generally do not (and cannot) borrow money on a simple...more

Health Data in the EU and UK – Regulatory Trends and Developments

McDermott Will & Emery on 3/3/2023

In light of the increasing number of enforcement incidents under the General Data Protection Regulation (GDPR), organisations active in the Health and Life Sciences sectors in the United Kingdom, the European Union (EU) and...more

Greenwashing – Proposed Clampdown on Fund Names

Proskauer Rose LLP on 2/24/2023

On 20 February 2023, the European Securities and Markets Authority’s (“ESMA”) consultation paper (ESMA34-472-373) “Guidelines on funds’ names using ESG or sustainability-related terms” (the “Consultation”) closed to comments....more

European Regulators Provide Some Key Clarifications on Cookie Banners

McDermott Will & Emery on 1/23/2023

The European Data Protection Board (EDPB) adopted a draft report of the work undertaken by the Cookie Banner Taskforce (the Report). The Report describes how regulators apply cookie legislation in handling certain types of...more

Exporting to the UK: Extension of the deadline for UKCA marking

Womble Bond Dickinson on 12/6/2022

Our recent briefing note explained that CE product safety marking, which is required to sell certain types of goods in the European Union, was being replaced by the UKCA mark in Great Britain (GB) following Brexit. The...more

EU-U.S. and UK-U.S. Data Transfer Deals Advance with White House Executive Order

Proskauer on Privacy on 10/20/2022

A new legal mechanism to allow for transfers of personal data between the EU and the U.S. is now advancing after an October 7th, 2022 Executive Order was issued by U.S. President Biden (the “Executive Order”). The new...more

International Data Transfers under the UK GDPR: International Data Transfer Agreement and Addendum laid before Parliament

WilmerHale on 2/9/2022

Businesses that transfer personal data to and from the United Kingdom will soon have clarity regarding transfers from the UK to recipients outside the EU/EEA. On February 2, 2022, the United Kingdom Secretary of State...more

European Commission Adopts Korean Adequacy Decision

Sheppard Mullin Richter & Hampton LLP on 1/7/2022

The European Commission recently adopted an adequacy decision regarding the Republic of Korea’s data protection laws. As a result of this decision, personal data can freely flow between the EEA and South Korea without the...more

UK Government Issues September 2021 Statement of Changes to Immigration Rules

Morgan Lewis on 9/24/2021

The UK government published a Statement of Changes to the Immigration Rules on 10 September 2021, which will open, expand, and streamline work and study routes under the points-based immigration system. This update includes...more

The European Commission’s New Standard Contractual Clauses: Transferring Personal Data from the EU (A Long Overdue “Take Two”)

Butler Snow LLP on 9/20/2021

On June 4, 2021, the European Commission adopted a new, highly anticipated set of standard contractual clauses to facilitate the transfer of personal data out of the European Economic Area (“EEA”) in accordance with the...more

Personal Data Transfers: Bye-bye, old SCCs – don’t forget the September 27th deadline! And the new UK International Data Transfer...

Mintz - Privacy & Cybersecurity Viewpoints on 9/17/2021

Out with the old EU Standard Contractual Clauses (as of September 27th) - Organizations that use the European Union’s Standard Contractual Clauses (SCCs) to govern their transfers of personal data from the European...more

Transfer Tedium: Adapting the New SCCs to Account for Transfers from Switzerland and the UK

Wyrick Robbins Yates & Ponton LLP on 9/14/2021

As the September 27th deadline to implement the new Standard Contractual Clauses (“SCCs”) approaches, many privacy practitioners are working overtime to help their clients update their standard data processing addenda to...more

Considerations for Updating Standard Contractual Clauses

Morgan Lewis - Tech & Sourcing on 7/15/2021

On June 4, 2021, the European Commission adopted its long-anticipated updated Standard Contractual Clauses (New SCCs) for use by organizations transferring personal data outside of the European Economic Area (EEA) to third...more

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