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And finally, "everything" is agreed Boris Johnson and Ursula van der Leyen announced this afternoon that the UK and the EU have reached agreement on the text of a trade deal.  The ratification process is now to be fast-tracked, with a view to bringing the agreement into force by 11pm on New...
EUIPO report on online copyright infringement of film, TV and music – so what’s popular? It’s amazing what a difference 12 months makes.  Back in 2019,  a EUIPO study found that  online copyright infringement in the EU between 2017 and 2018 was a declining but significant problem (namely access to pirated content fell by an average of 15.1%)....
Ushering in a new age of accountability for big tech- UK government response to Online Harms White Paper consultation The UK government has taken the next step in its plan to “usher in a new age of accountability for tech companies”, publishing the response to its consultation on the Online Harms White Paper. It has committed to making the Online Safety Bill, which will...
NIS 2 - new cyber rules would mean more critical sectors covered and enhanced security requirements The NIS regime, which aims to boost the overall level of cyber security in the EU by improving the security of network and information systems across critical sectors, has been under review at both EU and UK level. On 16 December 2020, the European...
Corporate tax residence: latest from the Court of Appeal In the latest instalment of the Development Securities litigation, the Court of Appeal unanimously overturned the Upper Tribunal (UT) decision, reinstating that of the First-tier Tribunal (FTT).  This is a difficult case, as not only has the decision been...
FireEye of the storm for cyber risk? On Tuesday the PRA sent a letter to UK insurance CEOs, in which it explained its supervisory priorities for 2021. Unsurprisingly, financial resilience remains at the top of the list. Equally it's unsurprising to see operational resilience included as a...
Dutch Supreme Court rules on applicability of participation exemption in the context of uncovered call options and benefits from German cum/ex trades Recently, the highest court in the Netherlands ruled that (a) uncovered call options cannot be regarded as a participation, and (b) benefits derived from German cum/ex trades cannot be regarded as originating from a participation. Market Maker's trades...
SRB publishes guidance on bank mergers and acquisitions On 7 December 2020, the Single Resolution Board (SRB) published a paper outlining its expectations for ensuring the resolvability of banks engaging in mergers and acquisitions (M&A) and other corporate transactions, building upon the SRB's Expectations...
An (out)source of systemic risk? The Financial Stability Board (FSB) published a discussion paper in November 2020, which seeks to facilitate a broad discussion on current regulatory and supervisory approaches to the management of outsourcing and third-party risks. The paper doesn't...
A New Dawn for Digital Markets: the European Commission’s new Digital Services Package In a previous post (see here) we discussed that the European Commission (the “Commission”) has launched three consultations on new regulation that would form part of the proposed Digital Services package. Following these consultations, on 15 December 2020...