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...

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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...

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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...

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The ICO has launched a public consultation on its new draft data sharing code of practice. The consultation period ends on 9 September 2019. It is an update of the previous code, to align it with GDPR so as to address transparency, lawful bases for ...

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...

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...

In response to the surge of harmful and illegal content being spread online, the Government currently deliberates legislation for 2020 to establish a regulatory framework that will attempt to make the UK “the safest place in the world to be on...

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 ...

The digital modern age offers huge potential – the sharing of new technologies, the promotion of economic growth and the ability for instant communication. But whilst products of this age, such as social media, may help to progress today&rsqu...

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 ...

The Court in AA v Persons Unknown [2019] EWHC 3556 (Comm) (17 January 2020) ordered injunctive relief against unknown persons accused of extorting ransom payments in the form of Bitcoin worth $950,000 from an insurance company, following a cyber-att...

As a general rule of data privacy protection in Hong Kong, personal data should be used only for the original purpose for which the data was collected, or a directly related purpose. One exception is where the data user obtains the consent from the ...

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...

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...

With the rapid growth of the digital economy, a number of competition authorities, as well as governments1 are in the process of assessing whether their competition enforcement tools are fit for the digital economy. In the UK, the Government commiss...

The United States (“US”) Government announced on 17 April 2019 that it would not renew a waiver to Title III of the US Helms-Burton Act 1996 (“Title III”) that had effectively prevented former owners of property confiscated f...

On 4 June 2019 the Higher Regional Court of Düsseldorf ruled in favour of Booking.com’s revised “narrow” Most Favourite Nation (“MFN”) clause (Case No. VI-Kart 2/16 (V)). The reactions were predictable. German hote...

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...

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...

One of the most pondered questions following the U.S.’s withdrawal from the Joint Comprehensive Plan of Action (“JCPOA”) has been - how will the EU Blocking Regulation fair in protecting the interests of EU businesses trading with ...

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...

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...

Introduction Following the declaration by the World Health Organisation (WHO) on 30 January of a Public Health Emergency of International Concern (PHEIC) in response to the coronavirus crisis (please see our last briefing here), the vi...

Introduction Following the declaration by the World Health Organisation (WHO) on 30 January of a Public Health Emergency of International Concern (PHEIC) in response to the coronavirus crisis (please see our last briefing here), the vi...

Introduction The coronavirus has forced antitrust authorities both at EU and national level to adopt an exceptional approach on competition rules. At an EU level, on 8 April the European Commission approved specific guidance to guide companies in t...

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.

The position of banks being served with a Mareva injunction order has been clarified in Hong Kong. In the recent case of Grasberg Capital Asia Limited v Bank of Communications Limited (HCA 2016/784)*, the Court considered the question of whether a b...

On 25 October 2017, the Hong Kong Monetary Authority (“HKMA”) published the Whitepaper 2.0 (“Whitepaper 2.0”) on Distributed Ledger Technology (“DLT”). This Whitepaper 2.0 provides practical advice on over 20 gove...

Companies trade in an increasingly global market. Despite this, the process of taking security in support of financial obligations remains essentially a question of the national law in the country where the assets over which security is granted are ...

Companies trade in an increasingly global market. Despite this, the process of taking security in support of financial obligations remains essentially a question of the national law in the country where the assets over which security is granted are ...

A recent High Court judgment provides a reminder of the rules governing the priority of security interests in an insolvency scenario, and also illustrates some of the potential pitfalls of purchasing apartments off-plan (Williams & Anor v Broado...

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Key Points A disposition by a receiver, whether appointed by the court or under a fixed charge, is not a disposition by a mortgagor for the purposes of s284 Insolvency Act 1986 (“IA”). The wider implications of the decision may be to lim...

  The Singapore office of global legal practice Eversheds Sutherland today announced the appointment of Gerard Ng as a partner in the Banking and Financial Services Practice group. With over 20 years of experience, Gerard is a specialist in len...

On 20th April, the UK Government announced a £500m “Future Fund”, as part of its package of measures to support businesses in response to the coronavirus.  What is the Future Fund? The Future Fund is being set up with the aim ...

In Re Saint Benedict's Land Trust ...

In light of the recent market events, the trading prices of many loans have fallen dramatically. As a result, companies (or their private equity sponsors) may consider utilising the debt buy-back mechanics in their credit agreements. A debt buy-back...

On 7 February 2020 the Competition and Markets Authority (“CMA”) launched a review into the IVF sector. The review stems from concerns that IVF clinics may not be compliant with UK consumer law on the basis that they are not aware of the...

Executive summary On 8 April 2020, the European Commission issued a Temporary Framework Communication enabling it to: issue “comfort letters” in respect of specific temporary competitor co-ordination projects; and explain the criteria it...

Eversheds Sutherland has helped to secure Electricity Act 1989 consent from the Scottish Ministers and deemed planning permission for Limekiln Wind Farm, a 21 turbine wind farm with an estimated generation capacity of 64MW based in the Highlands. Th...

Advising on an innovative first in the renewables heat sector Eversheds Sutherland has advised Oasthouse Ventures on the development of the world’s first sustainable, low-carbon greenhouse projects. The Clean Energy and Sustainability team fro...

Background The Procuring Authority has engaged the International Finance Corporation, acting through its Public Private Partnerships Transaction Advisory Services division, to act as lead transaction advisor in relation to the Project. The RFQ will ...