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Covid 19 coronavirus: Compliance checks on isolating close contacts now occurring daily
Close contacts of Covid-infected people are now being checked on every day to ensure compliance and see if they have developed any symptoms, Health Minister David Clark says.But an app to complement contact-tracing work was still...
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Cote d'Ivoire: Ti�mou� Bakayoko - Le Franco-ivoirien esp�re une approche du PSG
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Alg�rie: Le Pr�sident Tebboune pr�side dimanche une r�union exceptionnelle du Conseil des ministres
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Crise sanitaire - Croissance �conomique compromise, selon la BFM
A l'instar de tous les pays dans le monde affect�s par la pand�mie Covid-19, Madagascar conna�tra �galement une r�cession �conomique. ......
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Alg�rie: R�pression de la Corruption - 15 fonctionnaires des Finances mis � la disposition de l'OCRC
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Store workers become enforcers of social distancing rules
Sandy Jensen's customer-service job at a Sam's Club in Fullerton, California, normally involves checking member ID cards at the door and answering questions. But the coronavirus has turned her into a kind of store sheriff.
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EIOPA Guidance on Cloud Outsourcing July 2019
What is EIOPA? What is the purpose of the Guidelines? Who do they apply to? On 1 July 2019, the European Insurance and Occupational Pensions Authority (“EIOPA”) published its consultation paper1 (the “<...
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Coronavirus Legal consequences of cancellations of events Germany
1.1 Which Corona related administrative orders must be differentiated in Germany and what are their effects? The local health departments are, on a case-by-case basis, entitled to prohibit the happening of any kind of event that includes a significa...
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UK Pensions speedbrief - Pensions Regulator publishes details of first enforcement action for auto-enrolment non-compliance
Pensions Regulator publishes details of first enforcement action for auto-enrolment non-compliance The Pensions Regulator has published its first section 89 report relating to breaches of the aut...
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The World Cup, Le Tour de France and the Commonwealth Games: Tempting times for ambush marketing
During major sporting events, certain brands will actively pursue an “ambush marketing” strategy meaning that they will deliberately seek to associate their products with an event, despite not being one of the official sponsors. However,...
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New US and EU sanctions against Russia
At the end of July, the US and the EU escalated their respective sanctions regimes against Russia following the Kremlin’s intervention in the Crimea/Ukraine crisis, as well as recent issues pertaining to access to the MH17 crash site. By annou...
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The Groceries Code Adjudicator issues guidance on appeals
The Groceries Code Adjudicator (the “GCA”) was set up in June 2013 to ensure that large retailers with a turnover of over £1bn comply with the Groceries Supply Code of Practice (the “Code”). This statutory body h...
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New test devised for assessing relief from court sanctions
Précis: The Courts have adopted a new test to assess applications for relief from sanctions, which demonstrates a more reasonable approach than used recently. However, it remains important to ensure compliance. What? During litigation, ...
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Could shareholders inadvertently cancel their Shareholders Agreement?
Following the judgment in De Freitas v Chamdor Meat Packers [2015] JOL 33940 (GJ), when a company proposes to its shareholders the adoption of a new Memorandum of Incorporation, the shareholders should carefully consider the provisions of the new Me...
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Coronavirus Fiducie Facilitating the obtaining of secured financing and the disposal of distressed assets France
When the economic situation deteriorates, when the financial situation becomes strained, when the granting of credit becomes more difficult, being able to provide effective collateral in order to obtain cash from lenders is more important than ever ...
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Coronavirus - Special corporate governance rules - Hungary
On 10 April 2020, a Government Decree was issued that prescribes the application of different company law rules as part of the government’s Economic Protection Action Plan. This adds new opportunities for corporate decision-making to mitigate ...
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Coronavirus - Guidance issued to Remuneration Committees - UK
The Investment Association (IA) has issued guidance to UK listed companies on how to approach executive pay issues during the COVID-19 pandemic. The IA published a Full Article
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France adopts a digital giants tax
Last Thursday, July 11, 2019, the French Parliament definitively enacted the so-called "GAFA tax” initiated by the French government in early March 2019, making France one of the first countries to tax the turnover of digital giants. Context D...
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Local Government Briefing Note 5 of 2013 - Equality Act 2010: Technical Guidance on the Public Sector Equality Duty
? Recently, the Equality and Human Rights Commission EHRC published detailed technical guidance for those public sector bodies seeking to comply with the Public Sector Equality Duty (PSED). There is separate guidance for Scotland, England and Wales....
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UK Public Sector Pensions Speedbrief: All a-Board! Final LGPS governance regulations issued
The Local Government Pension Scheme (Amendment)(Governance) Regulations 2015 were laid before Parliament on 28 January 2015. Issued under the Public Service Pensions Act 2013, these...
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Retail groups with Swiss financing arrangements
The Swiss Federal Supreme Court recently considered whether a dividend distributed by a Swiss company that participated in a zero balancing financing arrangement had been distributed lawfully. The case refers back to 2001 when Swisscargo AG distribu...
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Closing the GAP: Guaranteed Asset Protection insurance - competition remedy
New rules in the FCA’s policy statement on Guaranteed Asset Protection (GAP) insurance (PS15/13) are about to change the way GAP insurance sold alongside the sale of a motor vehicle (add-on GAP Insurance) is sold to both consumers and commerci...
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German competition authority issues guidance paper on resale price maintenance in the retail food sector
In July 2017, the German Federal Cartel Office (“FCO”) published a detailed guidance paper (the “Guidance Paper”) on resale price maintenance (“RPM”) in the retail food sector. The purpose of the paper is to expl...
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Shipping and International Trade: what the Insurance Act 2015 means for you
On 12 August this year, the Insurance Act 2015 will introduce the most significant changes to insurance law in 110 years how will it affect the shipping industry? The Act applies to all insurance policies taken out by businesses which are subject ...
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UK: The Fourth Rail Package Significance for the UK Rail Industry?
The Fourth Rail Package, which was introduced between June and December 2016, is a set of six items of EU legislation designed to increase the reliability and competitiveness of European railways in accordance with the EU’s liberalisation agen...
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Update: The Competition and Markets Authoritys consultation on proposed guidance for the evaluation of competition issues in passenger rail franchise awards
Background The Competition and Markets Authority (“CMA”) has recently published draft guidance on its approach to assessing rail franchise awards under its merger control powers (the “Draft Guidance”)1. The guidance has been ...
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Rail Network Enhancements Pipeline Update (Autumn 2019) - Government provides update on rail enhancement projects seeking DfT funding
Background On 16 October 2019 the Department for Transport (“DfT”) issued its “Rail Network Enhancements Pipeline Update” for Autumn 2019 (the “Enhancements Pipeline Update”). A copy of the Enhancements Pipeline U...
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UK adopts new EU-driven restrictive measures to deter and respond to external cyber-attacks through financial sanctions
On 17 May 2019, the European Council established a framework and implemented a new sanctions regime which now allows the EU to impose targeted sanctions to “deter and respond to cyber-attacks which constitute an external threat to the EU and i...
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Irish Data Protection Commissioner (DPC) issues guidance on CCTV for controllers
The DPC has published useful guidance on CCTV usage for controllers. The guidance is intended to assist owners and occupiers of premises to understand their responsibilities and obligations regarding data protection when using CCTV. This is particul...
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Operational Resiliency for Financial Institutions
The operational resilience of retail banks operating in the United Kingdom has come under increased scrutiny following a number of high-profile IT failures and cyber-attacks. Regulators have shown a willingness to impose significant penalties for IT...
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ICO updates guidance on timescales for responding to individuals rights: Date of receipt is day one
What you need to know UK regulatory guidance has been updated to the effect that the timescale for responding to individuals’ requests (including subject access requests) is one calendar month from the day of receipt of the ...
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ICO updates guidance on manifestly unfounded and excessive in the context of responding to individuals rights
What you need to know UK regulatory guidance has been updated to explain what ‘manifestly unfounded’ and ‘excessive’ means in relation to the individual rights of data subjects under GDPR. This includes but is not limited to ...
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A transparent process: Irish DPC issues new guidance on data sharing in the public sector
The Data Protection Commission (“DPC”) issued guidance on data sharing in the public sector. The DPC noted its support for developing more efficient and customer-centric public services and sought to clarify the public sector obligations...
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Bank Negara Malaysia - Policy Guidance on Risk Management in Technology (RMiT)
The Central Bank of Malaysia or Bank Negara Malaysia (‘BNM’) on 18 July 2019 issued another policy document which sets out its requirements to the nation’s Financial Institutions (‘FIs’) management of technology risk. W...
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The EU Court provides guidance on the use of framework agreements by contracting authorities
Case C-216/17, Autorità Garante della Concorrenza e del Mercato – Antiturst, Coopservice Soc. coop. arl In its judgment of 19 December 2018 (the &ldq...
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US lifts the Cuba secondary sanctions waiver
The United States (“US”) Government announced on 17 April 2019 that it would not renew a waiver to Title III of the US Helms-Burton Act 1996 (“Title III”) that had effectively prevented former owners of property confiscated f...
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Internal Monitoring - The Legislator reverts to the issue of antitrust compliance
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FCAs Market Study into General Insurance Pricing Practices: Pricing interventions proposed to tackle competition concerns
The FCA has published its interim report in relation to its market study into how general insurance firms charge their customers for home and motor insurance (Interim Report). The FCA has provisionally found that the market is not working well for ...
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DOJ further aligns Export Control and Sanctions Enforcement Policy with FCPA enforcement practices
On 13 December 2019, the US Department of Justice (DOJ) announced a revised Export Control and Sanctions Enforcement Policy for Business Organizations (Revised EC/S Policy),1 clarifying its prior guidance on voluntary self-disclosure requirements fo...
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Coronavirus - Consumer cancellation and refund guidelines - UK
On 30 April 2020, the Competition and Markets Authority (“CMA”) released a statement on consumer protection law in relation to cancellations and refund complaints. The coronavirus outbreak has seen a significant increase in consum...
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Service of contractual notices under financial contracts
Generally speaking, where a contract sets down requirements for the service of notices under it, parties should comply with these strictly. A notice that fails to comply will be invalid. This has been established in a number of cases including the...
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Regulating firms culture - The increasing focus by financial regulators internationally on supervising firms culture
Introduction Financial services firms’ corporate governance and risk cultures is a ‘hot’ topic with financial regulators globally. Regulators have noted that serious corporate governance and conduct failings of financial services f...
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Rescue Culture - MK Airlines Limited (In Liquidation) (the Company) - Administration expenses, misfeasance and priority
Key points: • In a judgment supportive of the rescue culture in English insolvency, the court has reaffirmed its flexible approach to the application of insolvency provisions and willingness to look at the practical effect of transactions in re...
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Eversheds Harry Elias Enhances Banking and Financial Services Practice with First Lateral Partner Hire since merger
The Singapore office of global legal practice Eversheds Sutherland today announced the appointment of Gerard Ng as a partner in the Banking and Financial Services Practice group. With over 20 years of experience, Gerard is a specialist in len...
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CMA to publish guidance for IVF sector on consumer law obligations
On 7 February 2020 the Competition and Markets Authority (“CMA”) launched a review into the IVF sector. The review stems from concerns that IVF clinics may not be compliant with UK consumer law on the basis that they are not aware of the...
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Harmonising corporate governance framework for South African mining companies: King IV, companies act and the mining charter
The BEE Commission’s report 2018, between 2017 and 2018, had no significant change in the levels of transformation, with black ownership reflecting a decline to 25.2% from 27% and current management control still sitting at 38% for blac...
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The Chancery Lane Project tackling climate change together!
Eversheds Sutherland was delighted to be involved in a project to develop proforma clauses and model laws looking to tackle climate change. The Chancery Lane Project involved 143 participants from 63 organisations, including law firms, climate chang...