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ECHA’s proposal to restrict intentionally added microplastics

The public consultation launched by the European Chemicals Agency (“ECHA”) on the topic of microplastics closed on 20 September 2019 with the submission of 477 comments. The consultation followed the publication by ECHA earlier this year...




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Eversheds Sutherland has advised Doncasters Group on the sale of its UK Fabrications and Blaenavon Forgings businesses

Eversheds Sutherland has advised Doncasters Group on the sale of its UK Fabrications and Blaenavon Forgings businesses to Arlington Capital Partners as two separate transactions. The deals were led by Corporate partner Richard Kyle with support from...




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ICO and Alan Turing Institute consult on guidance on “Explaining decisions made with AI”

On 2 December 2019, the Information Commissioner’s Office (“ICO”) and the Alan Turing Institute (the UK’s national institute for data science and artificial intelligence) (“Turing”) launched a consultation seeking...




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World Intellectual Property Organization (WIPO) calls for input into IP policy on AI

One of the major challenges posed by the rapid growth in the use of AI is whether or not existing IP systems are adequate to deal with the ownership and exploitation of AI-assisted and AI-generated products, processes, works and designs, which is so...




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France: strengthening of the foreign investment control mechanisms, in line with a general international trend

New regulations on foreign investment in France were published on January 1, 2020. These texts make numerous changes to the legal framework for investment control in France. Financial relations between France and foreign countries are, in principle,...




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EU Circular Economy - Opportunity to Comment on Roadmap for New Action Plan

The end of December 2019 saw the next step in the EU’s commitment to the adoption of a circular economy as the EU Commission published a road map on a new action plan which aims to speed up the transition to a circular economy. The new plan is...




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German Industry Strategy 2030

On November 29, 2019 the German government published its “Industry Strategy 2030” paper. While the strategy paper expresses only the intentions of the Ministry of Economics, it has potential implications for Germany’s foreign direc...




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US imposes further sanctions on Iran – what does this mean for the JCPoA and for global corporations and financial institutions?

On 10 January 2020, following the recent military escalation between Iran and the US, the White House issued Executive Order, "Imposing Sanctions With Respect to Additional Sectors of Iran" (“EO 13902”), which expands the already broad U...




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Chemical Regulation – the Outlook for 2020

The below summarises some of the key chemical’s regulation related changes expected in 2020 or which industry should be preparing for during 2020. SCIP Database ECHA is expected to launch a prototype version of the Substances of Concern In art...




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Health and safety 2020 forecast

HSE’s Business plan With major structural changes to the UK economy expected post Brexit, now is a time for the Health and Safety Executive (HSE) to reflect on its business plan and the associated implications.  The HSE will be keen to de...




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Update on Recent US Sanctions Developments: Nord Stream 2 Sanctions and Exxon Mobil Decision

This briefing is intended to provide an update on two recent developments under the US sanctions regime. • The first one is the introduction of US sanctions in relation to the Nord Stream 2 pipeline project, which threaten to widen a rift betwe...




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Foreign investment: updates from around Europe

There has been a growing global trend in recent years to strengthen foreign investment control mechanisms, most notably led by CFIUS in the US, and AWV in Germany. In our latest articles, we address the new developments in Germany and France, set to...




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Coronavirus - key legal challenges and solutions for the international energy industry

Overview On 30 January 2020, the World Health Organization (WHO) declared a Public Health Emergency of International Concern (PHEIC) in response to the spread of the Wuhan coronavirus, the sixth time that the WHO has made this declaration since adop...




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SFO publishes internal guidance on evaluating compliance programmes

The Serious Fraud Office (“SFO”) has quietly published a further chapter of its internal Operational Handbook containing guidance on how its staff should assess and evaluate the compliance programmes that they investigate (the “Gui...




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New Substances of Concern in Products (SCIP) Database

Do you import or otherwise place products on the EEA market? If so, you should be aware of the new European Chemicals Agency (“ECHA”) SCIP database. Companies placing products (articles) on the EEA market, including companies importing s...




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Plastic Packaging Tax Consultation 2020

Those in the diversified industrials sector will have seen that the Chancellor announced in the recent budget that the government is going ahead with its plans to introduce a world leading plastic packaging tax. The tax will be set at a flat rate of...




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Coronavirus - EU restricts exports of protective equipment - Europe

  On 15 March 2020 the European Commission published Regulation 2020/402 (“Regulation”), which prohibits unlicensed export from the EU of certain personal and protective equipment. This measure is aimed at securing domestic supply o...




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Coronavirus - A guide for global industrials reassessing their outsourcing requirements during coronavirus - Global

A guide for global industrials reassessing their outsourcing requirements during coronavirus COVID-19 continues to cause widespread and indiscriminate disruption to global industrials. Manufacturing companies face more of a challenge in instituting...




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A guide to managing your M&A pipeline during COVID-19 for global industrials

The COVID-19 pandemic has taken global industrials around the world largely by surprise with wide-ranging consequences for their M&A pipelines. Coming on the back of a period of high valuations, political uncertainty and slowing deal activity, C...




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A pandemic within a pandemic-well being strategies and guidance on coping with COVID-19 anxiety for General Counsel

Pandemic: ‘(of a disease) prevalent over a whole country or the world’ Fear: ‘an unpleasant emotion caused by the threat of danger, pain, or harm’ Management: ‘the process of dealing with or controlling things or people...




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Coronavirus - New regulations on the use of unmanned aircrafts introduced by the Italian Civil Aviation Authority – Italy

Introduction In this briefing we look at the regulatory framework applicable to remotely piloted aircrafts in Italy, as recently updated by the Italian Civil Aviation Authority. In particular, this Authority, in line with the Government’s deci...




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Over to EU: ISDA publishes template amendment to convert legacy English law governed agreements to French or Irish law

On 12 March 2020, the International Swaps and Derivatives Association, Inc (“ISDA”) published a template amendment agreement which allows the parties to an English law governed ISDA Master Agreement to convert that agreement to an equiva...




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Coronavirus - Considerations for property funds - UK

Introduction Given the evolving picture on COVID-19 and its impact on the UK economy there are a number of points which property fund managers should be considering in light of the FCA’s recent statements specifically on the virus and their p...




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Coronavirus - Dealing with the financial services regulatory challenges - Ireland

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Coronavirus - Immediate considerations for financial services clients in response to the COVID-19 pandemic

Communications need to be clear and timely Constantly review and maintain your customer communications content and strategy.  There is a regulatory expectation that firms will ensure consumers are adequately protected during severe disruption.&...




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Coronavirus - How can fund managers deal with market disruption? - UK

Introduction In the wake of the Coronavirus outbreak, and the restrictions imposed to curb its spread, there has been significant market disruption.  As has been seen in some real estate funds, there may therefore be difficulties for fund manag...




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Coronavirus – FCA and PRA guidance on designating key financial workers – UK

In response to Government guidance on maintaining educational provision for the children of key workers, the FCA and PRA have published guidance regarding individuals in th...




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Coronavirus – Finance overview of governmental economic support for industry - UK

Please note that this is a developing situation and we will update this note on a regular basis when further information is available. Across the budget on 11 March 2020 and the subsequent COVID-19 briefing meetings the Chancellor of the Exchequer h...




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Coronavirus – UK Investment Trusts: How to handle AGMs during the COVID-19 pandemic – UK

The restrictive measures on the movement of people to slow the spread of COVID-19 pose specific legal issues for UK Investment Trusts, which are just entering into the reporting and Annual General Meeting (AGM) season.  AGMs have traditionally ...




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Financial Services COVID-19 Training Menu

Novel coronavirus (“COVID19”) has created significant challenges for the financial services sector. As trusted adviser to many of the world’s largest banks, insurers, asset managers, fintechs and other market participants we are he...




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Coronavirus – A selection of issues borrowers and treasury departments should consider – Sweden

  The Coronavirus (COVID-19) outbreak is causing disruption to businesses and markets across sectors and jurisdictions. In this briefing we offer some practical tips for borrowers, treasury departments and customers in relation to loans and oth...




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Coronavirus - ESMA delays SFTR reporting obligation to mitigate impact of COVID-19 - Europe

The European Securities and Markets Authority (“ESMA”) has issued a public statement, “Actions to mitigate the impact of COVID-19 on the EU financial markets” urging national competent authorities not to prioritise supervisor...




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Cyber Security: What Managers Need to Know

There is no cyber-security threat looming on the horizon, the truth is that the storm is already here. An arms race, unseen, digital and all too little understood, is raging. The UK’s Head of Armed Forces, General Sir Nick Carter, recently sta...




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Coronavirus - Supply chain disruption - Global

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Coronavirus – Force majeure in financial services – Sweden

  In the wake of COVID-19, force majeure can be invoked to obtain relief under certain contracts. In this briefing, we discuss if it is a good idea and certain considerations borrowers and financial services customers should make. The impact of...




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Coronavirus - Corporate financing facility - UK

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Legal considerations for the financial services sector in adopting artificial intelligence

Legal liability for financial institutions and financial services firms when using artificial intelligence and machine learning Recent advances in the development of artificial intelligence (AI), coupled with the availability of sufficient computing...




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Coronavirus - FAQs for UK authorized funds - UK

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Coronavirus - Forfeiture, petitions and insolvency reforms - UK

In its response to COVID-19, the UK Government has also been listening to business and seeking to provide further support mechanisms to help those businesses that have been forced to close in the short term. This has included the prohibition on land...




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Coronavirus - FCA proposes temporary financial relief for consumer credit customers - UK

On Thursday 2 April 2020, the FCA issued draft guidance and Handbook changes to address the impact of Covid-19 on consumer credit customers who have credit cards, store cards and catalogue credit, personal loans and overdrafts. There is a short win...




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Coronavirus - Flexibility on SMCR - UK

The FCA and the PRA have issued a joint statement aimed at dual-regulated firms in an attempt to introduce some flexibility in connection with the senior managers and certification regime (SMCR) during the current COVID-19 pandemic. Responding to co...




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Coronavirus - UK Government’s economic assistance packages and their availability to financial services businesses - UK

Background The ongoing coronavirus/COVID-19 pandemic has quickly developed into a deep economic crisis of the like never experienced before. Many businesses, including those in the financial services sector, are facing a prolonged period of disrupti...




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New Defensive Measures for Blacklisted Jurisdictions: What impact will Luxembourg’s recent announcement have on Cayman-domiciled funds?

On 30 March, the Luxembourg Government published a new draft law (the Draft Law) which looks set to increase the Luxembourg tax burden for transactions realised with enterprises based in jurisdictions on the EU’s list of “non-cooperative...




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Coronavirus - Deferral of initial margin requirements for derivatives announced – Global

On 3 April 2020, the Basel Committee on Banking Supervision (“BCBS”) and the International Organization of Securities Commissions (“IOSCO”) issued a statement recommending an extension to Phases 5 and 6 of the initial margin ...




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Coronavirus - Cayman Ministry announces package relief measures - Global

As COVID-19 continues to cause far reaching disruption, the Cayman Islands’ Ministry of Financial Services issued two Press Releases on 25 and 26 March, putting forward a package of measures designed to mitigate the neg...




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FCA review of outsourcing in the life insurance sector

Background and scope of the review On 4th March, the Financial Conduct Authority (FCA) published the findings of its desktop review of outsourcing in the life insurance sector. The review forms part of the FCA’s broader consultation and propos...




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Protecting confidential information in an AI-led and augmented reality

Across the banking sector, the Bank of England and the Financial Conduct Authority predict that firms’ utilisation of artificial intelligence (AI) solutions will triple in the next three years (BoE and FCA Joint Report on Machine Learning in U...




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FCA Business Plan 2020/21

Introduction The FCA Business Plan 2020/21 is understandably overshadowed by the unfolding COVID-19 pandemic but the FCA has, nonetheless, taken the opportunity to set broader goals and review the  way it conducts its business for the years ahe...




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Payment Matters: No. 45

This edition includes: The impact of COVID 19: Regulatory updates Competition and Markets Authority: Open Banking EU Consultation on retail payments strategy for the EU  Full Article



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Coronavirus - FCA finalises guidance on temporary financial relief for consumer credit customers - UK

On Thursday 9 April, the FCA confirmed measures to support consumer credit customers facing financial difficulty as a result of COVID 19 on personal loans, credit cards and overdrafts. Measures introduced by the new rules became applicable on Tuesda...