Policy & Regulation
This section focuses on developments in the EU policy field that can affect company lawyers in their day-to-day work. Both small and large companies must deal with a growing body of regulations, many of which stem from the European Union.
EU legislation follows a complicated and often lengthy procedure that implicates many EU and Member State institutions as well as outside interests. The European Commission uses a roadmap to define the scope of a major new law or policy, an evaluation of an existing law or policy, or an overhaul thereof.
Roadmaps describe the issues that must be tackled and what objectives must be met. They explain why EU action is necessary, outline policy options and describe the main features of the consultation strategy. The Commission can also carry out an impact assessment, if the potential impact of a law or policy is large on the economy, environment or society. Interested stakeholders usually get the opportunity to provide the EU institutions with expertise prior to the adoption of new legislation.
European Commission publishes recommendations to combat online and offline counterfeiting
The Commission estimates that industries that “make intensive use of IP” contribute 47% of total EU GDP and nearly 40% of total employment within the Union.
OECD two-pillar global tax framework at risk
The US political climate and their upcoming elections however have complicated and potentially even killed any further progress on, at the very least, the first pillar, if not also for the second.
Europe remains a global leader in innovation, ability to commercialise lagging
On 14 February 2024, the European Commission published its 2024 Annual Single Market and Competitiveness Report. The report, following established KPIs that define competitiveness based on nine distinct drivers, aims to give a comprehensive overview of both positive and negative trends within the Single Market.
ExxonMobil sues investor activists for “micromanaging”
ExxonMobil has recently filed a lawsuit against Follow This, an Amsterdam-based investor activist group, and Arjuna Capital, a registered investment adviser. The suit claims that the activist proposal violates SEC rules for investor petitions, which disallow resubmitting proposals that do not gain investor support over time.
What will happen to the Corporate Sustainability Due Diligence Directive ?
Though there were developments in late 2023 that the Directive was on the way to being enacted, recent weeks have questioned Germany’s support for the final version.
EU Strikes Provisional Agreement on the Data Act
The European Union has taken a significant leap forward in its quest to become a global pacesetter in the data-driven economy.
European Commission aiming to reform GDPR enforcement rules in cross-border cases
The GDPR has signified the importance and value that online personal data holds and established strict criteria for data collection and processing. Failure to comply can cost companies dearly.
The CSRD brings new ESG reporting obligations to European companies
The CSRD aims to address the criticisms and modernise the environmental and social reporting requirements that companies are obligated to provide.
EU-wide due diligence rules for large companies coming
The discussions on the necessity on the expansion of corporate social responsibility has gained noticeable traction over the past decade, with some European countries already having implemented such rules in their national regimes.
Universal taxation at 15%, let’s talk ethics, justice, and equity
For the past decade or so, the GAFAMA group has been the target of accusations and ignominies of all kinds: tax evasion, abuse, scandal, tax havens, usurpation. All kinds of slanders, insults and reproaches have been hitting the fan in the mainstream press as well as the daily media, and on the benches of the National Assembly, in France.
Lack of transposition of Copyright Directive starts infringement proceedings
The letters of formal notice, the first step in the proceedings, were sent 23 EU Member States have yet to fully transpose the Directives into national legislation, which entered into force in June 2019 and for which the transposition deadline was on 7 June.
Corporate accountability laws coming to Europe
The legislations are a part of a broader push by the EU towards a mandatory EU system of due diligence for supply chains
Commission launches investigation into Fitbit acquisition by Google
The investigation will focus on whether Google’s acquisition will hinder competition in the online advertising services marketplace
Franco-German response hailed across Europe, critics worry about the extent and scope
The recovery package, hailed by many, could be seen as a landmark decision for the future of the European Union
Successive fixed-term work contracts contravene EU law even when entered into voluntarily
“The fact that a worker consented to the establishment of successive fixed-term employment relationships does not deprive him or her from the protection granted by the Framework Agreement on fixed-term work”
Geographical Indications: Piggy-backing prohibited
EU’s geographical indications system strengthened by recent ECJ rulings, now to include protection against “figurative signs”
Uber drivers considered as employees in France, court rules
The decision could be one of many that shifts how Uber and other gig economy service providers can operate in Europe
Brussels ponders reform of securities trading rules
The Commission is aiming to make certain adjustments to the investor protection rules
Vietnam free-trade agreement approved despite human rights concerns
EU Parliament green lights Vietnam free trade agreement, despite concerns from human rights groups
International workplace convention aims to protect employees against harassment and violence
EU aims to tackle workplace harassment in new proposal to ratify convention form International Labour Organization
EU directive strengthening consumer rights now in force
The move aims to considerably strengthen the position of consumers within the online universe.
EU’s new Whistle-blower Directive in force
A new EU Directive on the protection of whistle-blowers has entered into force. It mandates better protection of informants and aims to ensure that complaints are dealt with swiftly.
EU ministers reject ‘name-and-shame’ policy for tax-avoiding companies
The Member States are split in finding an amicable resolution in ensuring proper tax payments by such multinational companies
EU adopts new rules for cross-border conversions of limited liability companies
The EU is continuing its attempts in introducing a unified framework for company law
Foodstuffs from Israeli settlements must state their specific geographical origin, top EU court rules
ECJ insists on consumer protection and need for accurate labels of origin
German property company slapped with €14.5m fine for GDPR infringements
The second highest GDPR fine has recently been imposed
Rolling, rolling, rolling?
Will we see a harmonisation of rules and regulations in the upcoming years?
Online platforms may be compelled by courts to remove defamatory content world-wide, ECJ rules
The ECJ ramps up judicial oversight over Facebook in latest defamation ruling
European court ruling defines Commission’s scope in forcing countries to recover illegal tax benefits
The decision may well influence the Commission’s strategy in competition law
G7: Macron leads peers into a semblance of harmony
Juggling climate, Iran and a couple of international wildcards, Macron pulls off a seemingly successful summit in Biarritz
Will Facebook’s cryptocurrency take off?
Concerns have been raised in Europe and America over Facebook’s ambitious plan to introduce a cryptocurrency
Federal v. State: Glyphosate and the First Amendment
The State of California toughens its stance over glyphosate while federal level prevaricates over First Amendment claims
G7 on the way amid rising political tensions
After the tumultuous summit of 2018, world leaders brace for high-stake discussions and unpredictable outcomes
Brexit: What next for Britain?
With a No-Deal Brexit looking ever more likely, quickly concluding deals with its main trading partners will become vital once the UK is outside the EU.
Safeguarding business interests in the Chinese market
Within the center of trade talks with the superpower, intellectual property plays a major role
European opposition to free-trade deals?
The EU-Mercosur free-trade agreement faces opposition in national parliaments of EU member states.
Glyphosate and cancer: The jury is out
Thousands in the United States are suing Bayer over Monsanto’s controversial weed killer Roundup
Who will get the top job(s)?
Things are not as clear-cut as they were half a year ago, with a wide array of solutions possible
Clamping down on hate speech
In parallel to an upcoming judgment by the CJEU, tech companies have been making strides in restricting hate speech on their respective platforms.
Airbus-Boeing Dispute Nearing An End
The bitter altercation has already been ongoing for the past 15 years
5G and political developments
The technology could have far-reaching effects across the World, leading politicians to race to the top
Companies in EU must record employees’ working hours
The decision obliges Member States to make daily recordings of employees’ working times mandatory
Orthodox monk wins right to practice as a lawyer in Greece
The ruling strengthens the right of qualified lawyers to practice in other EU countries, without having special requirements imposed upon them.
European Court clears CETA arbitration tribunals
Despite the vocal opposition, the arbitration system complies with EU law
UK competition authority wants changes to Big Four
The Competition and Markets’ Authority has called for legislation to overhaul the auditing business, namely concerning the Big Four.
EU wants to allow class-action suits – under certain terms
The landscape for collective redress rules across Europe varies a great deal and efforts to harmonise it might entail negative consequences
Banning China’s Huawei?
Whether to allow Chinese vendors participate in the procurement process for implementing 5G network systems across Europe has divided European countries
Europe’s disputed copyright law: An overview
With 348 voting in favour, 274 voting against and 36 abstaining, the much-discussed EU Copyright Directive has finally been approved by the European Parliament.
Plans for new EU labour authority are controversial
Efforts by the EU to advance labour rights for workers has been met with varied responses – largely due to the effort it requires from companies and the diverse set of rules varying in Member States
EU Cybersecurity Act clears final parliamentary hurdle
The adoption establishes the first EU-wide certification scheme to ensure that cybersecurity standards are met.
Siemens-Alstom merger: Where competition law and politics clash
The merger has raised some questions with regards to the modernity of the European antitrust rules.
German antitrust regulator lashes out at Facebook
The order by the Federal Cartel Office might have far-reaching effects in how Facebook manages its operations in Europe
Battle over access and transparency intensifying
With lobbying in Europe being focused in Brussels, there are increasing calls for the organisation and activities thereof to be more clear. How does it work exactly?
Reining in the tech giants?
The EU has a tough task at hand in order to create a fertile ground for European tech companies to flourish and compete on a global scale.
EU policy and legal developments in 2019
With the European Parliament elections on the horizon, 2019 will be full of challenges to overcome for the European Union.
EU-Singapore trade deal nearing finishing line
The free-trade agreement between the EU and Singapore is expected to come into force later in 2019. Many trade barriers will be eliminated and EU rigorous standards and requirements will thus expand to South-East Asia.
EU, Japan agreement creates world’s largest free-trade area
The European digital services tax: Now or never?
Brexit: A major headache for company lawyers
Iran sanctions: Companies caught in transatlantic diplomatic spat
Europe must undergo profound reform to succeed in the digital, globalized age
The EU data protection regulation: effects and fallout
What does the future hold for intra-EU investment protection?
