Tag Archives: EU

Washington State Considers Comprehensive Data Privacy Act to Protect Personal Information

Washington State is considering sweeping legislation (SB 5376) to govern the security and privacy of personal data similar to the requirements of the European Union’s General Data Protection Regulation (“GDPR”). Under the proposed legislation, Washington residents will gain comprehensive rights in their personal data. Residents will have the right, subject to certain exceptions, to request that data errors be corrected, to withdraw consent to continued processing and to deletion of their data. Residents may require an organization to confirm whether it is processing their personal information and to receive a copy of their personal data in electronic form.

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A Favorable Tightening of the Rules? The Rules on Thin Capitalisation are Changing

Due to an EU directive adopted last year, certain rules on corporate tax are changing with effect from 2019 – including the provisions on interest deduction due to “thin capitalisation.” Although the purpose of the directive was to defeat tax avoidance and tighten up the tax regulations, the new rules on interest deduction are actually becoming more of a blessing than a curse for businesses in Hungary.

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NAV is coming… 10 questions you should know the answer to

Since the start of the year there have been new laws in place regulating tax audits and tax lawsuits. The stakes are pretty high: the National Tax and Customs Administration (NAV) conducts almost 30,000 audits annually, assessing tax deficiencies of about HUF 500 billion and imposing fines of almost the same amount. Therefore it is important to know the rights taxpayers have under the new rules and the most efficient ways to fight NAV.

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The GDPR Soon Will Go Into Effect, and U.S. Companies Have to Prepare

The European Union’s (“EU’s”) General Data Protection Regulations (“GDPR”) go into effect on May 25, 2018, and they clearly apply to U.S. companies doing business in Europe or offering goods and services online that EU residents can purchase. Given that many U.S. companies, particularly in the health care space, increasingly are establishing operations and commercial relationships outside the United States generally, and in Europe particularly, many may be asking questions akin to the following recent inquiries that I have fielded concerning the reach of the GDPR:

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Court bans abusive litigation tactics but for how long?

A welcome decision of the English High Court that potentially abusive litigation tactics cannot prevail could prove short-lived as a result of Brexit uncertainty.

The usual court first seized rule applies where claims are issued by disputing parties in the courts of two or more EU member states.  This means that all courts must stay their own proceedings until the court where the proceedings were brought first in time has determined whether it has jurisdiction.  It became possible to exploit this anomaly through a practice known as the “Italian torpedo”.  By commencing pre-emptive proceedings in Italy, lengthy delays in the Italian courts could severely delay the chosen court in proceeding to hear the claim.

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Your claim has been declined

In July 2017, the Competition Appeal Tribunal (CAT) refused to approve the proposed £14 billion class action claim against MasterCard on behalf of 46.2 million consumers who purchased goods or services from UK businesses which accepted MasterCard between 1992 and 2008.  The claim followed on from the EU Commission finding in 2007 that MasterCard’s default interchange fee (the fee charged between banks when processing card payments) was an anti-competitive agreement in breach of article 101 of the Treaty on the Functioning of the European Union, and resulted in higher fees being charged between acquiring banks.

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Brexit and family law – the painful divorce?

Since the referendum on the UK’s membership of the European Union, commentators have regularly compared our departure from Europe to a couple divorcing. It is self-evident that some of the issues that will need to be addressed are similar; finances have to be sorted out, assets and liabilities must be divided, the “family” future must be determined and there is the thorny question of who can/will live where.

Within the UK we have three distinct jurisdictions: England and Wales, Scotland and Northern Ireland. Each has its own legal principles and jurisprudence in the field of family law (albeit with some commonality). Put this against the background of approximately 3 million EU citizens living in the UK and approximately 1 million British citizens living in other EU member states (never mind those British citizens who have married or who are in a cohabiting relationship with a non-Brit) and the issues to be discussed become much trickier.

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Brexit for business

The United Kingdom continues to be a member of the EU as well as the Common Market and the Customs Union.  This situation will persist at least until the end of March 2019, i.e. the end of the two year negotiation period stipulated by Article 50 of the Treaty of Lisbon which governs the withdrawal of a member state from the Union. As such, therefore, no changes to the legal and regulatory environment have taken place yet for UK businesses and foreign businesses trading in and with the UK.  Just as it is currently unclear what form Brexit will take (soft or hard or, perhaps more likely, a degree of hardness in between), it is also unclear what changes to the legal environment will occur.

Nonetheless, businesses are understandably concerned about the future and increasingly approach us for advice. The following is a brief overview of key points and questions that we have come across in advising on matters of current significance in the context of Brexit:

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Større beskyttelse af lønmodtagere ved virksomhedsoverdragelser

Højesteret har den 17. oktober 2017 afsagt en dom, der udvider lønmodtageres beskyttelse mod usaglig opsigelse i forbindelse med virksomhedsoverdragelse. Dommen og dennes konsekvenser er temaet for denne artikel.

Hidtidig retsopfattelse
Siden den 1. april 1979 har det fremgået af virksomhedsoverdragelseslovens (vol.) § 3, stk. 1, at afskedigelse på grund af overdragelse af en virksomhed ikke anses for rimeligt begrundet i virksomhedens forhold, medmindre afskedigelsen skyldes økonomiske, tekniske eller organisatoriske årsager, der medfører beskæftigelsesmæssige ændringer.

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Continuing EU Trade Mark Reform – Codification & Detailed Procedures

The biggest reform in European Union trade mark law in more than twenty years (“EUTM Reform”) is almost here. As you might recall, EUTM Reform began back in 2009 and has already resulted in several new European acts modernizing and harmonizing the laws of EU and Member States. However, some of the adopted legislative amendments were to enter into force at a later stage, or required subsequent transposition into the local laws of Member States, or even provided for the adoption of secondary legislation in the near future.

Within the last couple of months, three new European regulations covering the topic were adopted, and will enter into force in just a few days – on 1 October 2017. On the same date, certain legislative amendments will also become applicable, that although adopted earlier were “pushed back” till a later stage. Therefore, we will briefly focus on the new legislative acts and on those of the postponed amendments which in our opinion are among the ones having the most significant practical effects.

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