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In Cybersecurity, Data and Tech

European Union: Court of Justice of the European Union confirms individuals have the right to know to whom their personal data has been disclosed

by and 3 Mins Read

On 12 January 2023, the Court of Justice of the European Union ruled that individuals have the right to know to whom their personal data has been disclosed, unless the controller can demonstrate that it is impossible to identify the recipients or that the request is manifestly unfounded or excessive. Controllers must be able to provide information on the actual identity of all individuals and organizations to whom personal data is disclosed. This can be done for example, by maintaining up-to-date records on the sharing of personal data or by any other (technical) means.

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In Sanctions

Middle East: Russia Sanctions Compliance Briefing Seminar

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Baker McKenzie is delighted to invite you to interactive seminars on 1 March 2023 in Abu Dhabi and 2 March 2023 in Dubai as part of our EMEA Russia Sanctions Briefings. The seminars will focus on the multijurisdictional sanctions challenges facing financial institutions and their clients and other corporates in the Gulf, in relation to the US, UK, EU and UAE sanctions regimes, particularly against Russia. We will also focus on the current enforcement environment and best practices for mitigating sanctions risk arising from potential compliance failures.

In Trade and Foreign Investment

European Union and UK: Navigating foreign investment restrictions

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In recent years, the investment policy landscape has become more complex as nations respond to national security threats, state development strategies and geopolitical risks. COVID-19 created a major economic shock worldwide, prompting some countries to take an even more stringent approach, with a focus on protecting the security of supply of inputs.

In Employment

European Union: Significant strengthening of the rights of European Works Councils on the horizon?

by , , and 5 Mins Read

The European Parliament adopted a proposal on 2 February seeking potentially far-reaching changes to the current European Works Council (EWC) Directive. These include strengthening the information and consultation rights of EWCs and improving enforcement by introducing GDPR-level fines for non-compliance and a risk of injunctions for failure to inform and consult.

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In Environment

European Union: Green deal industrial plan for the net-zero age

by , and 6 Mins Read

On 1 February 2023, the European Commission released its communication on a “Green Deal Industrial Plan for the Net-Zero Age”. This Communication outlines the actions that the Commission intends to take to stimulate investment in the “net-zero industry” within the EU. The Communication is a response to recent increases in state support outside the EU, most notably the United States Inflation Reduction Act.

In Trade and Foreign Investment

European Union: Report shows broad range of penalties for customs infringements

by , and 2 Mins Read

The Union Customs Code (UCC) harmonizes the customs laws of the European Union. The UCC stipulates that Member States must impose penalties for failing to comply with customs legislation, and that these penalties must be efficient, proportionate, and dissuasive. Member States must notify the Commission of the penalties that they apply to various acts of noncompliance and of any subsequent amendments to those penalties (if applicable).

In Trade and Foreign Investment

European Union: Dutch Customs’ determination of when amendments can be made to customs declarations too strict

by , and 2 Mins Read

A declarant may ask for a change to certain of the data elements in a customs declaration in accordance with Article 173 Union Customs Code (UCC), which is applicable to customs declarations that have already been accepted by customs. The Dutch Customs Authorities (DCA), however, apply a very strict application of Article 173 UCC, stating that amendments are only allowed if the amendments are required by customs legislation. This position taken by the DCA deviates from the practice of the tax authorities of other EU Member States, given the fact that Article 173 UCC does not stipulate that the amendments must be required by law.

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In Trade and Foreign Investment

European Union: Study finds divergence in implementation of customs rules and processes creates efficiency barriers

by , and 2 Mins Read

Although the formal requirements for bringing goods into the Customs Union of the EU are largely harmonized by EU customs legislation, authorization procedures for bringing goods into the Union vary per Member State.
The Think Tank of the European Parliament has conducted a study into the authorization procedures of the various Member States for entry of goods into the EU, which was published on 19 December 2022. While the Think Tank acknowledges the need for effective customs controls, it also argues that the divergence in the practices of Member States can create efficiency barriers, such as the time needed for customs controls.

In Environment

European Union: Green Deal Industrial Plan for the Net-Zero Age

by , and 7 Mins Read

Energy transition is the biggest change that the world is undergoing right now. The EU is taking significant steps to position itself at the forefront of the global race to net zero.
The EU has a legally binding target to achieve net zero by 2050. EU countries also already have very advanced plans for achieving net zero and energy security, accompanied by financial state support packages on an unprecedented scale. These measures have just been taken to the next level, making the EU an even more attractive market for investors in the energy transition.

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