This article provides an update of the sanctions enacted against Russia and Belarus by the United States, United Kingdom, and European Union.
The EU AI Act is hotly anticipated as being a benchmark AI law that other jurisdictions might look towards when developing their own laws (much like GDPR has become a standard upon which some other countries’ own laws are based). First, much like the GDPR in terms of impact, the EU AI Act will have an extra-territorial scope, extending to providers and users of AI outside the EU where the output is used in the EU. Secondly, the Act does lay down fixed penalties for certain infringements of the Act, the highest fine being 30,000,000 EUR or 6% of a company’s total worldwide annual turnover (3% in the case of an SME or start-up) for non-compliance with the prohibitions of AI practices.
The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, No. 22 of 2022 places new obligations on Companies and other persons to register prescribed information regarding beneficial ownership following South Africa’s grey listing and recommendations made by the Financial Action Task Force.
On March 7, 2023, the Data Protection Commission (“DPC”) published its Annual Report for 2022 (the “Report”). 2022 marked the fourth full year of the implementation of the GDPR and saw significant effort by the DPC to ensure compliance with the GDPR across Ireland. The most frequent GDPR queries and complaints received by the DPC related to Access Requests; Fair Processing; Disclosure; Direct Marketing; and the Right to be Forgotten.
On 28 February 2023, the Financial Conduct Authority (“FCA”) published its Regulatory Initiatives Grid updating the timeline of the Overseas Funds Regime (“OFR”), the new equivalence regime for retail investment funds and money market funds established outside the UK, which will allow recognised funds to be marketed to the public in the United Kingdom.
On 24 January 2023, in the Czech Republic, a new law called LEX OZE I. (Act No. 19/2023 Coll.) entered into force. The goal of this law is to remove obstacles and speed up the construction of renewable energy sources ("RES").
Can companies collaborate in the interests of environmental sustainability agreements without breaching competition law in the UK? This important question is tackled by draft guidance published by the Competition and Markets Authority (“CMA”) on 28 February 2023 (“guidance”). The guidance sets out the CMA’s proposed approach to how agreements between competitors in relation to environmental sustainability will be assessed and aims to provide businesses with clarity and comfort on the CMA’s enforcement approach to encourage such initiatives to be progressed. The guidance aligns with the important role the CMA considers it has to play in tackling climate change, as noted in a recent statement by the CMA’s CEO on 25 January 2023.
In a push to increase consumer understanding around the meaning of "carbon neutral" and "net zero" claims, the UK Committee of Advertising Practice (CAP) and Broadcast Committee of Advertising Practice (BCAP) have provided some updated guidance on misleading environmental claims and social responsibility in advertising. The guidance is intended to help encourage transparency and consensus of environmental-related claims in British advertising.
This article has been developed based on existing Code rules, rulings and a review of environmental claims and issues in advertising. This will be key for the air travel, energy and automotive sectors. The focus is on carbon neutral and net zeros adverts, as they are the most commonly encountered claims.
This resource from Foley and Lardner provides insight into the most prominent trends throughout 2023. These trends are focused on the health care and life sciences sector.
This article reviews principal corporate, commercial and regulatory (compliance) considerations when forming exempt from ICA registration Private Funds.