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Platform to Business Regulation goes online
While the European Commission consults on a package of widespread legal reforms for the digital economy, new measures aimed at ensuring a fair and transparent platform ecosystem began to apply on 12 July 2020. The P2B Regulation applies to “online interme...
Brexit and Bail-in clauses
The EU Bank Resolution and Recovery Directive (“BRRD”) gives powers to EEA regulators to write down or convert into equity a failing institution’s liabilities. This power is effective in respect of liabilities under a document governed by EEA law, but is ...
Swimming in the mainstream - EUIPO publishes open source software report
Open source software (OSS) has had its detractors - whether because of security issues (unscrupulous developers inserting poor quality or malicious code) or licensing requirements to return improvements to the OSS community (problematic if you want to mai...
AI and the GDPR - two key reports published
“Data protection is at the forefront of the relationship between AI and the law,” as noted in the introduction to a study on the impact of the General Data Protection Regulation (“GDPR”) on artificial intelligence (“AI”), commissioned by the European Parl...
Levelling the playing field - The EC's White Paper on foreign subsidies
The European Commission recently published a White paper setting out its proposals for measures to address the impact of subsidies from non-EU countries on trade within the EU. For EU Member States the use of such subsidies is already controlled by the EU...
The slow but inevitable shift from the EU financial services rulebook
In recent weeks, we have gained some limited visibility on the UK’s intentions for the post-Brexit regulatory framework for financial services in a series of written statements, papers, and consultations. These documents refer to a range of regulatory re...
Three little words...
We all know the difference three little words can make. But in the case of VAT, those three little words turn out not to be "I love you" but the rather less romantic "acting as such". For those of you thinking about a romantic dinner out as restaurants ...
EU Trade Marks after the Brexit transition period
It’s now less than 6 months until the end of the Brexit Transition Period. Both the European Commission (EC) and UK Intellectual Property Office (UKIPO) have recently released stakeholder notices in relation to EU Trade Marks (EUTMs) from 1 January 2021. ...
Is it exempt or can we apportion?
According to a German saying, “before the court and at sea, one is in God's hands.” The CJEU’s decision in Blackrock shows that, for investment managers, VAT is indeed a rough sea. Going beyond the question that had, strictly speaking, been referred to it...
Over to you: the CMA hands the baton of UK digital regulation to the new Digital Markets Taskforce
On 1 July 2020, the CMA published a Report, which concludes a year-long market study into online platforms and digital advertising in the UK. The CMA confirmed its recommendation in the Interim Report not to refer to a market investigation (i.e. an in-de...