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In Europe

EU: COVID-19 – Brussels’ battle for health powers

by 4 Mins Read

The EU has urged member countries to grant more legal powers to the EU in pursuit of a ‘Health Union’, which would enable the EU to better manage future crises. This announcement comes in the wake of the COVID-19 pandemic, which exposed areas of weakness and gaps in the EU’s health powers. Critics argue that the pandemic has seen a lack of effective measures to monitor medicines shortages, that the EU Infectious Diseases Agency’s advice lacked effectiveness, and that there was a disjointed approach to the virus across EU member states. In response, the Commission expressed desire to make the following changes:

create an EU-wide pandemic preparedness plan
align testing methods with EU labs
give the European Medicines Agency (EMA) more power to mitigate drug shortages

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In Europe

Europe: Tax information requests and taxpayer’s right for legal remedy

by 5 Mins Read

The topic of taxpayer’s rights in the age of tax transparency is discussed in a pending case before the ECJ. The ECJ has earlier ruled in favour of the taxpayer on the application of the right to a fair trial on a cross-border exchange of information upon request from a tax authority in another EU Member State, and will now address right of effective legal remedy directly against an information request under the same exchange procedure.

In Europe

EU announces countermeasures against US products as a result of WTO large aircraft arbitration

by 3 Mins Read

On 9 November 2020, the Official Journal published Commission Implementing Regulation (EU) 2020/1646 of 7 November 2020 on commercial policy measures concerning certain products from the United States of America following the adjudication of a trade dispute under the Dispute Settlement Understanding of the World Trade Organization. On 11 April 2019, the Dispute…

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In Europe

European Union: E-commerce – New tools to understand and implement the new EU VAT regime

by and 5 Mins Read

On 30 September 2020, the European Commission published Explanatory Notes on the new VAT e-commerce rules that apply from 1 July 2021, which change how VAT applies to imports and distance sales of goods in the EU. These extensive Explanatory Notes explain and clarify the upcoming VAT rules and provide practical guidance for electronic interfaces (e.g. marketplaces or platforms), suppliers and logistic service providers involved in e-commerce. 

Due to COVID-19, the implementation of the VAT e-commerce rules was postponed by six months from 1 January 2021 to 1 July 2021; however, the European Commission recently indicated that further postponement will not occur. Businesses must now urgently prepare for the new rules. The Explanatory Notes offer some useful guidance for this exercise. Although they are not legally binding, it is our experience that all EU member states adhere to the views set out in such notes. After all, representatives of all EU member states were involved in drafting them.  

In Corporate Governance

EU: Commission launches public consultation on sustainable corporate governance

by , and 3 Mins Read

The European Commission has launched a public consultation seeking views on sustainable corporate governance. Responses to the consultation will help shape the European Commission’s legislative proposals next year regarding mandatory human rights and environmental supply chain due diligence requirements and enhanced directors’ duties and sustainable corporate governance.

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In Cybersecurity, Data and Tech

European Union: How does PSD2 interplay with the GDPR?

by , and 11 Mins Read

Questions continue to arise over the interplay of the second Payment Services Directive (PSD2) with the General Data Protection Regulation (GDPR). Both PSD2 and the GDPR are complex legislation and the relationship between distinct provisions of each law and how they work together is not altogether clear, which has led to uncertainty for payment service providers, including banks. For example, when is ‘consent’ required to access payment data and what does consent mean? To this end, the European Data Protection Board (EDPB) has published draft guidelines for consultation, but alongside other industry bodies and firms, the European Banking Federation (EBF) has voiced concerns over their workability for the sector.

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