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In Antitrust / Competition

Spain: National Commission for Markets and Competition approves guidelines on public sector contracts

by 3 Mins Read

“Communication 1/2023, of 13 June on the criteria that shall govern the prohibition for companies that distort competition to enter into contracts with the public sector by the National Commission for Markets and Competition” (the “Communication”) has been approved. The Communication sets out the criteria that will guide the CNMC when determining the prohibition to contract with the Public Sector and the scope of the prohibition. The CNMC will follow the criteria set out in the Communication in its future infringement decisions.

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In Corporate Compliance

Spain: Royal Decree on Ultimate Beneficial Ownership Registry

by , , and 7 Mins Read

The Government of Spain has approved the creation and operating regulation of the Ultimate Beneficial Ownership Registry, by means of Royal Decree 609/2023 of 11 July 2023, which was published today in the Official State Gazette. This registry is configured as a central and public registry, through which information on ultimate beneficial ownership of Spanish legal entities and other entities or structures without legal personality can be generally accessed.

In Employment

United Kingdom: Working with Unions bulletin | August 2023

by 1 Min Read

Welcome to this edition of the “UK: Working with Unions” bulletin designed to keep you updated with key cases and legal developments affecting trade unions and employee representative bodies. This bulletin includes two decisions of the Court of Appeal: (i) on whether the Central Arbitration Committee has jurisdiction to hear complaints post Brexit where the European Works Council’s central management is situated in the UK, and (ii) on whether collective redundancies need a common rationale to constitute a transnational matter requiring consultation with the EWC. This bulletin also covers the successful judicial review challenge against regulations introduced in July 2022 to allow employment businesses to supply workers to cover the duties of those taking part in industrial action, and the Strikes (Minimum Service Levels) Act, which has recently received Royal Assent following much discussion and commentary.

In Trade and Foreign Investment

Spain: Royal Decree on foreign investments

by 1 Min Read

The Spanish State Gazette published yesterday contains the Royal Decree 571/2023, of 4 July, on Foreign Investments which is intended to (i) update the procedure for declaring foreign investments for statistical and information purposes (both foreign investments in Spain and Spanish investments abroad); and (ii) develop certain features of Law 19/2003, of 4 July, on the legal regime of capital movements and foreign economic transactions and its implementing regulations, particularly with regard to the introduction of Article 7bis, relating to the suspension of the liberalization regime, in order to provide greater legal certainty to the authorization procedure, for the cases in which this is meant to be mandatory.

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In Environment

United Kingdom: Key updates to EPR regime for packaging

by and 2 Mins Read

On 25 July 2023 the UK government announced that increased extended producer responsibility (EPR) fees for packaging waste will be deferred by a year from October 2024 to 2025. In the same week the government also launched a consultation on the draft legislation to implement the new EPR regime which will include the introduction of mandatory packaging recyclability markings for the UK market.

In

EMEA: AI – Navigating the Changing Legal Landscape Webinar Series

by , , , , , , and 1 Min Read

The capabilities and use cases for AI and ML are moving at lightning speed, and the law is trying to catch up. Legal, compliance and governance functions must manage risk and develop processes and policies for AI projects that work with the law as it is today, while also anticipating the coming wave of legal, regulatory and technological change.
In this webinar series, our EMEA team discussed the IP and data privacy issues raised by AI, the developing regulatory landscape and practical issues when contracting for AI.

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In Trade and Foreign Investment

United Kingdom: Indefinite Extension of CE Mark Recognition

by and 2 Mins Read

On 1 August 2023, the Department for Business and Trade (DBT) announced an indefinite extension to the use of CE marking in Great Britain beyond the previous 31 December 2024 deadline, giving businesses flexibility to choose between the CE marking and the UK Conformity Assessed (UKCA) marking for the Great Britain market for the foreseeable future.

The announcement covers the regulations falling within DBT’s remit including the regimes applicable to toys, EMC, radio equipment, PPE, machinery and LVD. It confirms that other government departments will communicate their plans in respect of other CE/UKCA marking regimes (such as Ecodesign and Restriction of Hazardous Substances (RoHS)) in due course.

In Environment

European Union: Sustainable Batteries Regulation published in Official Journal

by and 6 Mins Read

On 28 July 2023, Regulation (EU) 2023/1542 concerning batteries and waste batteries was published in the Official Journal. The new Regulation repeals and replaces the existing Batteries Directive (2006/66/EC) and seeks to make all batteries placed on the EU market more durable, safe, sustainable, and efficient. It takes the extended producer responsibility (EPR) regime created by the existing Directive and expands it significantly through the introduction of more detailed mandatory design, content and conformity assessment requirements aimed at ensuring the sustainability and circularity of batteries. It also introduces new mandatory supply chain due diligence requirements from August 2025 to address the social and environmental risks inherent in the extraction, processing and trading of certain raw materials and secondary raw materials used in battery manufacturing.

In Corporate Compliance

Luxembourg: Reform of the right of establishment

by , , and 8 Mins Read

On 20 July 2023, the Luxembourg Parliament adopted a law reforming the right of establishment in Luxembourg (“Reform”). It amends the Luxembourg law dated 2 September 2011 regulating access to the professions of craftsperson, trader, manufacturer and certain liberal professions as amended (“Business License Law”).
The Reform aims to adapt the Business License Law to embrace the changes in the regulatory, economic, technical, technological, entrepreneurial and artisanal environments and to stimulate entrepreneurship.

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