en Airlines Face Turbulence Over Compensation Payments Following Supreme Court Decision By www.eversheds.com Published On :: 2018-04-03 Intro / Summary The Supreme Court has refused to grant Emirates permission to appeal the Court of Appeal’s decision in the joint case of Gahan v Emirates and Buckley and ors v Emirates meaning the Court of Appeal’s decision to award comp... Full Article
en Consultation on the passenger rail public service obligation levy By www.eversheds.com Published On :: 2018-05-04 Background Following the recommendations of the Competition and Markets Authority (“CMA”), the Department for Transport (“DfT”) ran a consultation seeking views on the introduction of a “public service obligation levy&r... Full Article
en Rail Network Enhancements Pipeline Update (Autumn 2019) - Government provides update on rail enhancement projects seeking DfT funding By www.eversheds.com Published On :: 2019-12-03 Background On 16 October 2019 the Department for Transport (“DfT”) issued its “Rail Network Enhancements Pipeline Update” for Autumn 2019 (the “Enhancements Pipeline Update”). A copy of the Enhancements Pipeline U... Full Article
en Progress towards recast Regulations to strengthen rail passengers' rights By www.eversheds.com Published On :: 2020-01-22 On 2 December 2019, the European Council agreed to update Regulation 1371/2007 (the “Regulation”) on rail passengers’ rights and obligations. The proposed amendments to the Regulation aim to strengthen the rights of passengers wher... Full Article
en Coronavirus Department of Transport Regulations South Africa By www.eversheds.com Published On :: 2020-04-01 A notice was published in the government gazette on 30 March 2020, in terms of which the minister of transport (the “Minister”) has, in terms of section 18(7) of the National Road Traffic Act (No. 93 of 1996), extended the licensing and ... Full Article
en North Pacific Arctic Conference (NPAC) Fellowship By feedproxy.google.com Published On :: Wed, 06 Mar 2019 01:06:13 +0000 The North Pacific Arctic Conference (NPAC), co-organized by the East-West Center and the Korea Maritime Institute, is celebrating its 10th anniversary. This innovative conference provides a venue for off-the-record engagement among policymakers/practitioners and scientists/analysts regarding Arctic issues of mutual interest to leading North Pacific Arctic states (Canada, Russia, and the United States) and non-Arctic states (China, Japan, and South Korea). NPAC aims to provide early identification of key policy issues and improved understanding of major options for addressing these issues in the context of the Arctic Council and elsewhere. All six states are members of the G-20. Full Article
en The implementation of the GDPR in Romania By www.eversheds.com Published On :: 2019-04-16 We report on Romania’s recently introduced data protection law, focussing on the provisions relating to the processing of national identification numbers and the rules on the use of CCTV and monitoring in an employment context. In July 2018, R... Full Article
en Shining a light on what necessity means for GDPR & tightening up contract as a lawful processing ground in the context of online services By www.eversheds.com Published On :: 2019-04-30 The European Data Protection Board (EDPB) has published a set of guidelines (in draft) for public consultation. These will be absolutely key to providers of online services, such as social media, e-commerce, internet search engines, communication an... Full Article
en Taking stock - what has and hasnt been working since the GDPRs introduction last May By www.eversheds.com Published On :: 2019-05-10 Lorna Doggett examines what has and hasn’t been working since the GDPR’s introduction last May. To read the full article click here > This article was published in the April 2019 edition of Intellectual Property Magazine, and is repro... Full Article
en UK adopts new EU-driven restrictive measures to deter and respond to external cyber-attacks through financial sanctions By www.eversheds.com Published On :: 2019-06-25 On 17 May 2019, the European Council established a framework and implemented a new sanctions regime which now allows the EU to impose targeted sanctions to “deter and respond to cyber-attacks which constitute an external threat to the EU and i... Full Article
en Operational Resiliency for Financial Institutions By www.eversheds.com Published On :: 2019-07-31 The operational resilience of retail banks operating in the United Kingdom has come under increased scrutiny following a number of high-profile IT failures and cyber-attacks. Regulators have shown a willingness to impose significant penalties for IT... Full Article
en The Fashion ID judgement: Plugin to be a joint controller By www.eversheds.com Published On :: 2019-08-02 The Facebook “Like” button and similar social media plugin technologies (Plugin) are now so commonplace that we perhaps don’t give them a second thought. Plugins provide an easy way for consumers to connect instantly with a preferr... Full Article
en A transparent process: Irish DPC issues new guidance on data sharing in the public sector By www.eversheds.com Published On :: 2019-10-10 The Data Protection Commission (“DPC”) issued guidance on data sharing in the public sector. The DPC noted its support for developing more efficient and customer-centric public services and sought to clarify the public sector obligations... Full Article
en Bank Negara Malaysia - Policy Guidance on Risk Management in Technology (RMiT) By www.eversheds.com Published On :: 2019-10-10 The Central Bank of Malaysia or Bank Negara Malaysia (‘BNM’) on 18 July 2019 issued another policy document which sets out its requirements to the nation’s Financial Institutions (‘FIs’) management of technology risk. W... Full Article
en Article: Pre-ticked boxes arent consent for cookie placement By www.eversheds.com Published On :: 2019-10-11 CJEU Ruling on Cookies On 1 October 2019, the Court of Justice of the European Union (CJEU) gave a preliminary ruling1 on questions referred from the Bundesgerichtshof (Federal Court of Justice in Germany) that: Consent is not validly ... Full Article
en Decision of the Higher Regional Court of Frankfurt am Main on bundling of consents in sweepstakes By www.eversheds.com Published On :: 2019-10-14 In its decision of 27. June 2019 (Ref. 6 U 6/19), the Higher Regional Court of Frankfurt am Main ruled that participation in a sweepstakes can be made dependent on participants giving their consent to receive future marketing via e-mail or calls. In... Full Article
en Floodgates open on class actions in data protection By www.eversheds.com Published On :: 2019-10-15 Court of appeal overturns High Court judgment in Lloyd v Google LLC [2019] EWCA Civ 1599 Court of Appeal judgment The Court of Appeal has given the go-ahead for a representative claim to be served on Google LLC in the U.S. for alleged data breaches,... Full Article
en ICO in action: Ban on unsolicited marketing calls to members of pension schemes By www.eversheds.com Published On :: 2019-10-18 This speed read follows on from our briefing in November 2018 in which we explained that the government had proposed a change in law to implement a ban specific to pensions related cold calling. At that time it was estimated that 10.9 million ... Full Article
en ICO launches consultation on its application for POCA enforcement powers By www.eversheds.com Published On :: 2019-11-26 The Information Commissioner’s Office (“ICO”) has asked to be given the ability to exercise various powers (and gain access to investigation) under the Proceeds of Crime Act 2002 (“POCA”), and has opened a consultation ... Full Article
en Update: Advocate General advises that the validity of standard contractual clauses is not affected by complaints made in Schrems II By www.eversheds.com Published On :: 2019-12-19 What do I need to know? On Thursday 19 December, Advocate General Saugmandsgaard Øe published his Opinion in Full Article
en New regulations permit the Central Bank of Ireland to limit the rights of data subjects under the GDPR By www.eversheds.com Published On :: 2020-01-15 Precis: In this briefing, we look at the new regulations permitting the Central Bank of Ireland to limit the rights of individuals under the GDPR. On 30 October 2019 the Data Protection Act 2018 (section 60(6)) (Central Bank of Ireland) Regulations ... Full Article
en Commencement of the Protection of Personal Information Act 1 April 2020 By www.eversheds.com Published On :: 2020-01-28 President Cyril Ramaphosa has received a request from the Information Regulator Chairperson to declare that the remaining provisions of the Protection of Personal Information Act (POPIA) commence on 1 April 2020. If the President acts on the Informa... Full Article
en When does private no longer mean private? Implications of a challenge to the SFCs accessing of digital devices in an investigation By www.eversheds.com Published On :: 2020-04-01 The Hong Kong Court has recently confirmed the Securities and Futures Commission (“SFC”)’s powers to seize, search and compel access to digital devices rejecting challenges to such powers based on privacy grounds. Data privacy is a... Full Article
en The EU Court provides guidance on the use of framework agreements by contracting authorities By www.eversheds.com Published On :: 2019-02-11 Case C-216/17, Autorità Garante della Concorrenza e del Mercato – Antiturst, Coopservice Soc. coop. arl In its judgment of 19 December 2018 (the &ldq... Full Article
en The General Court annuls the Commissions 2016 decision on the Belgian excess profit tax rulings By www.eversheds.com Published On :: 2019-02-14 The General Court of the European Union annulled on 14 February the European Commission’s decision of 11 January 2016 (Decision (EU) 2016/1699), in which it had found that Belgium’s excess profit exemption scheme was incompatible with EU... Full Article
en CAT rejects Electro Rent appeal against procedural fine By www.eversheds.com Published On :: 2019-02-14 The Competition Appeal Tribunal (CAT) has dismissed an appeal by Electro Rent against a fine of £100,000 imposed for failing to comply with the terms of an interim order (the “order”). Interim orders are a key tool employed by the ... Full Article
en FCA imposes fines in first competition enforcement case By www.eversheds.com Published On :: 2019-02-21 Competition partner Julia Woodward-Carlton, who acted for one of the main parties on this case, considers the decision and potential implications of the case in this article. The Financial Conduct Authority (‘FCA’) has today issued ... Full Article
en Sainsbury's / Asda and the CMA - a statement of intent pre-Brexit By www.eversheds.com Published On :: 2019-02-28 On 21 and 20 February 2019 respectively the Competition and Markets Authority (CMA) published its Provisional Findings and a Full Article
en Case C-260/17, Anodiki Services EPE: interpreting the scope of the employment contracts exemption under EU procurement legislation By www.eversheds.com Published On :: 2019-03-05 Case C-260/17, Anodiki Services EPE1: interpreting the scope of the “employment contracts” exemption under EU procurement legislation Introduction The judgment relates to a request for a preliminary ruling made by Greece’s Council ... Full Article
en UK competition regime set to become stricter and more burdensome for businesses post-Brexit By www.eversheds.com Published On :: 2019-03-13 The UK’s departure from the EU is set to lead to a significant change to the UK’s overall approach to competition law. Currently, the UK is required to retain close alignment with EU competition law, which includes respecting the Europea... Full Article
en Greater EU Competition Enforcement needed in the Digital Era By www.eversheds.com Published On :: 2019-04-15 As we have recently reported, a number of competition authorities and governments are in the process of assessing whether their competition enforcement tools are fit for the digital economy. In the UK, on 13 March 2019 a specially commissioned panel... Full Article
en CMA's merger enforcement powers could become more intrusive By www.eversheds.com Published On :: 2019-06-11 On 3 June 2019, the Competition and Markets Authority (“CMA”) published a report1 by economic consultancy firm Lear, commissioned by the CMA, on merger control in digital markets (“Report”). On the... Full Article
en UK Government loses case relating to Saudi Arabia arms exports By www.eversheds.com Published On :: 2019-06-25 On 20 June 2019, the UK Court of Appeal ruled that the UK Government’s decision to continue licensing exports of military equipment to Saudi Arabia for possible use in the conflict in Yemen was unlawful. The judgment comes amidst global concer... Full Article
en Case comment: Amey Highways Limited v West Sussex County Council By www.eversheds.com Published On :: 2019-07-01 The recent High Court decision in Amey Highways Limited v West Sussex County Council has clarified that abandoning a procurement will not automatically extinguish pre-existing causes of action. Breaches of the procurement regulations which res... Full Article
en FCAs Market Study into General Insurance Pricing Practices: Pricing interventions proposed to tackle competition concerns By www.eversheds.com Published On :: 2019-10-09 The FCA has published its interim report in relation to its market study into how general insurance firms charge their customers for home and motor insurance (Interim Report). The FCA has provisionally found that the market is not working well for ... Full Article
en Government Amends Temporary Tariffs for Lorries, Bioethanol and Clothing Products By www.eversheds.com Published On :: 2019-10-09 On 8 October 2019, the Government announced changes to the UK’s temporary tariff regime for certain products in the event of a no-deal Brexit. Under the proposals, which were first published on 13 March 2019 , the Government intended to introd... Full Article
en The Italian Competition Authoritys enforcement against so called IBAN discrimination practices By www.eversheds.com Published On :: 2019-12-03 Introduction The Italian Competition Authority (“ICA”) has recently adopted a harsh approach imposing quite significant fines on those operators who accept direct debit payments only to the extent that their customers are holders of an ... Full Article
en The new Italian Law on Class actions and its impact on the current private antitrust enforcement regime in Italy By www.eversheds.com Published On :: 2019-12-11 The Italian legislation on private antitrust enforcement (Legislative Decree no. 3 of 19 January 2017 - Decree) has implemented the EU Directive no. 2014/104. The Decree sets out the rules according to which any natural or legal person who has suffe... Full Article
en DOJ further aligns Export Control and Sanctions Enforcement Policy with FCPA enforcement practices By www.eversheds.com Published On :: 2020-01-14 On 13 December 2019, the US Department of Justice (DOJ) announced a revised Export Control and Sanctions Enforcement Policy for Business Organizations (Revised EC/S Policy),1 clarifying its prior guidance on voluntary self-disclosure requirements fo... Full Article
en Court of Appeal upholds CMA's online sales ban decision in the golf equipment sector By www.eversheds.com Published On :: 2020-01-28 On 21 January 2020, the Court of Appeal (‘CoA’) upheld the Competition Appeal Tribunal (‘CAT’) judgment, finding that Ping Europe Ltd (‘Ping’) breached competition law by prohibiting its retailers from sell... Full Article
en Highest EU court confirms pay for delay settlement agreements may be abusive and restrict competition by object or effect By www.eversheds.com Published On :: 2020-02-05 On 30 January 2020, the Court of Justice of the EU (“CJEU”) confirmed that an agreement in settlement of a patent dispute in the pharmaceutical sector may constitute a restriction of competition by object or effect, as well as an abuse o... Full Article
en The European Commissions public consultation on the reform of the Generalised Scheme of Preferences (GSP) Regulation By www.eversheds.com Published On :: 2020-03-17 On 11 March 2020 the European Commission (Commission) launched a public consultation on possible reforms to the Generalised Scheme of Preference (GSP) Regulation (EU Regulation No. 978/2012 of 25 October 2012) (GSP Regulation). As the GSP Regu... Full Article
en Competition Tribunal adopts structured methodological approach to penalties By www.eversheds.com Published On :: 2020-05-06 Introducing Hong Kong’s four-step fining framework… On 29 April 2020, Justice Godfrey Lam, President of the Competition Tribunal, handed down judgment in relation to the fines to be imposed on the parties in the W. Hing and Others case.... Full Article
en The equity surplus-arrangement clarified By www.eversheds.com Published On :: 2016-08-31 In two recent judgments, both rendered on 16 October 2015 (which can be found here and here) the Supreme Court ruled on the sustainability of a legal construct often used by banks called the equity surplus-arrangement. A variant of the... Full Article
en The enforcement of securities connected to a pledged debt by the pledgee By www.eversheds.com Published On :: 2017-01-06 Pursuant to Article 3:246 paragraph 1 of the Dutch Civil Code (DCC) pledgees have the power to enforce their right of pledge on receivables by claiming (direct) payment of the receivable. This power also includes the right to enforce rights o... Full Article
en The position of the right of pledge after bankruptcy on goods that are delivered subject to retention of title By www.eversheds.com Published On :: 2017-01-19 On 3 June 2016, the Supreme Court ruled that a valid right of pledge can be established on goods that are delivered subject to retention of title (of ownership). If the buyer is declared bankrupt, the conditional ownership can become an uncondition... Full Article
en Law & Business 2017. Key changes. Trends and challenges By www.eversheds.com Published On :: 2017-02-09 We are pleased to present to you our brochure which reviews the changes in the Polish law that we believe will have a major impact on business in Poland in 2017. Full Article
en A commentary on So Sau Lai Connie v DBS Bank (Hong Kong) Ltd By www.eversheds.com Published On :: 2017-04-25 The case of So Sau Lai Connie v DBS Bank (Hong Kong) Ltd [2017] HKEC 29 is a typical letter of credit fraud case. This case illustrates whether certain “red flags” may constitute discrepant presentation or a fraud indication. Background ... Full Article
en Rescue Culture - MK Airlines Limited (In Liquidation) (the Company) - Administration expenses, misfeasance and priority By www.eversheds.com Published On :: 2018-06-12 Key points: • In a judgment supportive of the rescue culture in English insolvency, the court has reaffirmed its flexible approach to the application of insolvency provisions and willingness to look at the practical effect of transactions in re... Full Article
en Smart contracts and efficient contracting By www.eversheds.com Published On :: 2018-06-29 The idea of shifting transactions into the digital space dates back to the beginnings of computer science. The development of blockchain technology has uncovered new possibilities for regulating contractual relationships. Parties to a contract now ... Full Article
