Compliance Perspectives: The End of the Privacy Shield
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
The beginning of 2025 saw two overarching trends in FRAND litigation...more
In politically uncertain times, is your organisation’s data transfer compliance unquestionable? The EU-U.S. Data Privacy Framework (DPF) serves as a useful mechanism for transatlantic data transfers, and it can assist...more
The draft guidelines provide further clarification to the EDPB’s interpretation of legitimate interests, and suggest a potential divergence with the UK ICO....more
This series of blogs rounds up some of the key data protection regulatory trends we have seen during 2024, focused on the EU and UK. 2024 has seen behavioural advertising and cookies continue to dominate the agenda of data...more
Although the European Union and the United Kingdom did not introduce new sanctions against Russia over the summer, they extensively focused on the implementation of the existing measures and their enforcement. This week,...more
Welcome to the September 2024 edition of our UK Tax Round Up. This month has seen decisions on UK tax residence, VAT group eligibility and the Supreme Court’s ruling in the long running case involving the employment status of...more
To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more
On 7 June 2024, in the case of Harrison v Cameron & Another, the High Court ruled that, in the context of a data subject access request under Article 15 UK GDPR, data subjects are entitled in principle to know the specific...more
On 2 April 2019, the European Commission (the “Commission”) concluded that the group finance company exemption from the UK’s controlled foreign company (“CFC”) regime, in respect of finance income that derived from UK...more
The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union....more
Effective choice of court clauses (also known as jurisdiction clauses) are central to finance agreements. Reliable, certain process to enforce contractual obligations is essential for cross-border trade and finance...more
Transparency or privacy – which of these priorities prevails? A ruling on 22 November 2022 by the Court of Justice of the European Union (CJEU) might mean privacy prevails when it comes to the question of whether or not a...more
Welcome to the October edition of the UK Tax Round Up. This month has seen the Supreme Court’s judgment on the operation of the employment-related securities deeming provision, the Court of Appeal’s decision on what...more
The UK has announced that it will review its membership of the Energy Charter Treaty (the “ECT” or “Treaty”) if there is no agreement on modernisation by November 2023. This announcement comes after a second vote on...more
The UK-US Data Bridge (the "Data Bridge") has now come into effect, potentially simplifying transfers of personal data from the UK to the US. On 12 October 2023, the Data Bridge took effect. The Data Bridge allows UK...more
Save for the Commission’s decision in M.8792 (Tele2 NL/T-Mobile NL) which cleared the acquisition of Tele2 NL by T-Mobile NL without remedies, the Commission has historically blocked or accepted divestment/behavioural...more
The court determined that mere infringement of the GDPR is insufficient for a damages claim, but that there is no minimum threshold for non-material damages. In a recent judgment (Case C-300/21), the Court of Justice of...more
On 4 May 2023, the European Court of Justice (CJEU) delivered its highly anticipated judgement in Österreichische Post (Case C-300/21) on a crucial issue: the extent to which data subjects affected by a breach of the GDPR...more
As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more
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
On October 7, 2022, President Biden signed an Executive Order (“EO”) implementing the new trans-Atlantic EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The EU-U.S. DPF, previously announced by President Biden and the...more
A year on from the national implementation deadline of the Directive on copyright in the Digital Single Market, the CJEU has upheld controversial Article 17. In September 2016, the European Commission announced its...more
In this roundup, we look at some of the key cases in corporate and real estate tax from December 2021 to January 2022, including the value–added tax (VAT) decisions on input VAT that was not passed on to final consumers and...more
Recent developments at the CJEU give some shape to the practical implications of Article 17 of the Copyright Directive. 7 June 2021 was the implementation deadline for the Copyright in the Digital Single Market Directive...more
The dust has settled on the new EU standard contractual clauses for cross-border data transfers (“New SCCs”), but confusion still reins on how the New SCCs cover data transfers and what companies need to do to take advantage...more