Europe Archives

In Corporate Compliance

United Kingdom – New UK “CFIUS” foreign investment regime kicks in

January 25, 2022 by Sunwinder Mann, Samantha J. Mobley, Tristan J. Grimmer, Zeyang Gao and Lilli Meldrum 1 Min Read

The National Security and Investment Act came into force this week, completing the overhaul of the UK’s foreign investment rules and creating a standalone foreign investment screening regime. The new rules require businesses and investors to submit mandatory notifications for certain acquisitions of and investments in companies operating in 17 key sectors. The rules also grant the UK Government extensive powers to investigate and impose conditions on a wide range of transactions, including corporate investments as well as asset transactions, on national security grounds.

In Asia-Pacific

United States: White House announces export controls and human rights initiative

January 25, 2022 by Paul Amberg and Lise Test 3 Mins Read

On 10 December 2021, at the Summit for Democracy, the US, Australia, Denmark, and Norway, released a Joint Statement announcing an Export Controls and Human Rights Initiative to curb the misuse of technologies by certain governments. The initiative aims to combat digital authoritarianism in countries where software and advanced surveillance technologies have been used to hack the communications of political opponents and journalists, shape public opinion, and censor information the government deems threatening.

In Europe

European Union: EU updates list of items subject to dual-use export controls

January 25, 2022 by Baker McKenzie 1 Min Read

On Thursday 6 January 2022, the European Commission published Delegated Regulation (EU) 2022/1, updating the list of dual-use items contained in Annex I to Regulation (EU) 2021/821. The EU Dual Use List is updated by the European Commission each year to ensure it remains aligned with the control lists of relevant international non-proliferation regimes, in which Member States (and the EU itself) participate.

In Anti-Corruption

Spain: Public procurement – latest legislative news to start the year

January 23, 2022 by Elisabet Cots and Irene Esteve 1 Min Read

The year has ended with important new developments for companies that contract with the public sector, new developments that have come into force on January 1. Both the State and Catalan’s budgetary laws contain provisions on this matter. Also, as each year, the new thresholds applicable to harmonized contracts have been published.

In Europe

Spain: Amendment of Law 12/2013 on measures to improve the functioning of the food supply chain (Law 16/2021 of December 14, 2021)

January 23, 2022 by Montserrat Llopart and Sheila Mendez 5 Mins Read

Law 16/2021 of December 14 was published on December 15, which modifies Law 12/2013, of August 2, on measures to improve the functioning of the food chain. This new reform intends to respond to the continuous claims of farmers in the agricultural and food sector, taking advantage of the framework of the transposition of the Spanish legal system of Directive (EU) 2019/633 of the European Parliament and of the Council, of April 17, 2019, related to unfair business practices in relationships between companies in the agricultural and food supply chain.

In Employment

United Kingdom: Government publishes disability workforce reporting consultation

January 22, 2022 by Monica Kurnatowska, Annabel Mackay and Rachel Farr 2 Mins Read

The UK government has begun a consultation on disability workforce reporting. The consultation includes questions on current practice and explores the possibility of voluntary or mandatory reporting practices.

In AML & Financial Services Regulatory

Italy: Corporate administrative liability – amendments made to Legislative Decree No. 231/2001

January 21, 2022 by Baker McKenzie 2 Mins Read

On 14 and 15 December 2021, Legislative Decree No. 184/2021 and Legislative Decree No. 195/2021, which significantly amended Legislative Decree No. 231/2001 on corporate liability and the Italian Criminal Code entered into force.

In Employment

United Kingdom: What to expect in employment law in 2022

January 21, 2022 by Rachel Farr, James Brown and Mandy Li 9 Mins Read

In this article, we highlight some key decisions and legislation of which employers should be aware in 2022 such as the Employment Bill, increase in statutory pay rate in April 20202 and decisions on discrimination and holiday pay

In Cybersecurity, Data and Tech

Czech Republic: Changes to the Electronic Communications Act new rules relating to cookies and telemarketing effective as of 1 January 2022

January 21, 2022 by Milena Hoffmanová 6 Mins Read

With effect from 1 January 2022, the provisions of the recent amendment of Act No. 127/2005 Coll., on Electronic Communications and on Amendment to Certain Related Acts relating to the storing and accessing of cookies and other information on users’ devices and telemarketing, have become effective.

In Antitrust / Competition

Switzerland: Advertisements displayed in inbox only possible with users’ consent

January 20, 2022 by Dr. Markus Winkler and Nadine Bosshard 7 Mins Read

On 25 November 2021 (Case C-102/20), the European Court of Justice (ECJ) ruled that displaying advertisements directly in the e-mail inbox, so-called inbox advertising (“Inbox Werbung”), is only permissible with the recipient’s prior consent. The ECJ’s reasoning can also apply to the legal situation in Switzerland on the basis of the provisions of the Federal Act against Unfair Competition.