On February 10, 2021, the Council of the European Union (EU) agreed on its version of the draft ePrivacy Regulation (Council Position). The long-awaited ePrivacy Regulation, which will repeal the existing ePrivacy Directive, overhauls the rules on cookies and regulates the use of and access to electronic communications data. The new ePrivacy Regulation will directly regulate telecom operators, providers of voice over IP, messaging and web-based email services, as well as other types of digital communication services. Importantly, it will...

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With just hours to spare before the European Parliament was set to decide its schedule on ratifying the post-Brexit agreement, the UK Government’s announcement that it would temporarily, but unilaterally, change the rules for trade into Northern Ireland caused indignation across Brussels and national capitals. In a way, it is a stunning repeat of the controversy around the UK Government’s September proposal to “break international law in a specific and limited way” through its Internal Market Bill. This latest dispute between...

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A heads-up for companies with cross-border activities. The ECN+ Directive’s transposition deadline has expired and its provisions should by now have found their way into the national laws of the EU Member States. In the Netherlands, amendments to the Dutch Competition Act giving effect to the ECN+ Directive came into force recently, together with a new governmental decree on leniency. Companies should update their dawn raid manuals to take account of the newly acquired enforcement tools now available to certain national competition authorities. They should also...

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At the start of the new year, Germany’s Federal Ministry of Justice and Consumer Protection has taken twofold action by publishing two draft Acts intended to transpose, firstly, the Directive on certain aspects concerning contracts for the supply of digital content and digital services (2019/770/EU) and, secondly, the Directive as regards the better enforcement and modernisation of Union consumer protection rules (2019/2161/EU). Both drafts were passed by the Federal Government on 13 January 2021 and have now been presented to the Bundesrat for its comments....

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As Troutman Pepper previously reported, Nasdaq proposed listing rules in December that would have required all Nasdaq-listed companies to have at least two diverse directors (or explain why they didn’t) and to disclose board diversity statistics, subject to certain exceptions. Click here for their recent client alert on the initial proposal. Although the proposed rules have been widely lauded as a step forward in bringing diversity to the corporate boardroom, there has been some vocal criticism of the proposal. In...

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ESG values ​​have rekindled sustainability in various sectors of the economy and promise to influence companies’ daily lives directly. Do you really know what this acronym means? Good environmental, social and corporate governance practices are on the rise in the economy and have triggered a movement of change in companies worldwide. New generations have an almost intrinsic concern with issues such as the environment and a positive impact. In the last decades, this mentality has gained breadth with the UN Sustainable...

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As with each subsector under the umbrella of real estate, the effect of the COVID-19 pandemic on Real Estate Investment Trusts (REITs) has been varied, creating opportunities and challenges that seem likely to continue throughout the year ahead. Within the various property sectors owned by REITs, performance has reflected the current conditions of those sectors in general. In sectors such as hospitality, retail and office, all heavily affected by social distancing and shutdowns, REIT performance has suffered. However, these...

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