TODAY’S TOP STORIES

The French Ministry of Justice starts work on the confidentiality of in-house lawyers’ advice
Jean-Philippe Gille, President of the French Association of Company Lawyers (AFJE), gave an overview of the ongoing developments in French, which has been translated here below.

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.

A new cybersecurity regime brings enhanced agencies, reporting obligations
The EU cybersecurity regime recently underwent a notable reform. In January 2023, Directive 2022/2555, the new NIS 2 Directive – the EU-wide legislation on cybersecurity – entered into force, amending existing legislation and repealing Directive 2016/1148, in place since 2016.

“Being that close to the business is just that much more exciting”
Interview: Guillaume Nonain, General Counsel EMEA & APAC and Global DPO (GDPR) at The Brink’s Company, has been working as an in-house counsel since 2005, providing legal support in a variety of industries.

CJEU Decision reinforces the value of LPP
The case concerned an amended Directive that introduced an obligation to report any potentially aggressive tax-planning cross-border tax arrangements to the competent authorities.

Disclosure of information compiled ex novo permissible, subject to proportionality by national courts
The case originated from a 2016 Commission Decision, where the Commission found continuous infringement of Article 101 TFEU by 15 international truck manufacturers, with most infringements taking place between January 1997 and January 2011.

Legal privilege and the DPO role for in-house counsel – incompatible or unavoidable?
On 21 October 2022, the General Council of the Portuguese Bar Association, in conjunction with the IAEA (the Institute of Corporate Lawyers and Associations) and ECLA, held a conference on the Challenges of Corporate Law.

Swiss mulling on specifics of legal professional privilege for company lawyers
In Switzerland, after years of unsuccessful attempts, there is now a high likelihood that the revision of the upcoming Code of Civil Procedure will include passages on legal professional privilege for company lawyers.