Member News

Member News

NautaDutilh | New controller-processor guidelines: beware of impact on data processing agreements

Armed with useful flowcharts to help organisations determine their role, the European Data Protection Board (EDPB) has published new guidelines on the concepts of "controller", "processor" and "joint controller". Just over a month ago, the Litigation Chamber of the Belgian Data Protection Authority had published a decision in which it appeared to adopt an extensive interpretation of the concept of "controller"; now, thanks to extensive developments by the EDPB, that interpretation no longer seems to be relevant. In this newsletter, however, we...

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Member News

Vulcan Insight | Post-Brexit Talks Escalate Over UK Plans to Break Withdrawal Agreement

As the EU chief Brexit negotiator headed to London for the eighth round of post-Brexit negotiations, the underlying tensions between the EU and UK Government finally reached breaking point after a series of aggressions, this week. The deep-seated divisions and mounting tensions between Michel Barnier and his UK counterpart David Frost have become increasingly apparent over the past few weeks, with the two men publicly accusing each other, or the institutions they represent, of everything from stalling progress to refusing to engage with...

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Member News

Portolano | Life Sciences M&A Trends: Earnout Clauses, General Outlook, and a Few Drafting Tips

Earnout payments are a common and widely used tool for pricing targets operating in the life sciences, although there are various nuances depending on the specific sub-sector (biotech, pharma, med-tech, and so on). Indeed, earnouts can be a powerful mechanism in an industry where the evaluation of a target can be quite complex due to things like long R&D phases, clinical trials, and market access to products, especially in the biotech and pharma sectors, with all the connected risks....

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Member News

Thompson Hine | Treasury Issues Guidance on Potential Payroll Tax Deferral

During negotiations earlier this year between the White House and Congress over a potential third round of COVID-19 relief legislation, the idea of a Social Security payroll tax holiday was raised as a possible means to provide relief to American workers. A payroll tax holiday would consist of a temporary reduction or elimination of the employee’s share of the Social Security tax (which currently equals 6.2% of an employee’s 2020 wages up to the Social Security wage base of...

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Member News

Vulcan Insight | European Parliament draws red lines on EU budget negotiations

Returning from the COVID-19 summer recess, EU legislators face a number of pressing matters in the coming weeks and months – how to finance the EU’s economic recovery, the green and digital transformations, the many legislative files that have fallen by the wayside due to COVID-19 and now a new Commissioner hearing, the European Parliament decided to focus efforts on trying to find inter-institutional agreement on the Next Generation EU 7-year budget and Recovery Fund. On 16 September, European Commission...

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Member News

BBGFX | ECB and Beyond

Overview: A strong recovery in US stocks, a softer dollar, and higher gold and oil prices may signal the end of the brief though dramatic correction, but the market is in a bit of a holding pattern ahead of the ECB meeting.  Most of the major equity markets in the Asia Pacific region stabilized, except for Hong Kong and China.  Indonesia's plan to reimpose social distancing protocols saw the Jakarta Composite slump 5% before circuit breakers kicked in.  European...

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COVID-19 News, Member News

Loyens & Loeff | Cross-border workers: COVID-19 agreements extended in Belgium

Belgium has concluded agreements with Germany, France, Luxembourg and the Netherlands on the tax impact of international travel restrictions and health instructions (‘work at home’) for cross-border workers and their employers. In force until 31 August 2020, these agreements have now been extended up to (and included) 31 December 2020. Click here to read the article Cross-border workers & COVID-19 This article is also available in French COVID-19 Agreement with Germany The Belgian and German authorities concluded a COVID-19 Agreement on 6 May 2020. The...

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Member News

Osborne Clarke | Distributed workforces: navigating the labor and compliance challenges

Businesses are increasingly willing to take on workers wherever they are in the world, but with a variance in tax and labor laws, businesses need to consider the different models that are available. We regularly advise businesses that have identified a new region or country with a talent pool or customer base they want to take advantage of. There are usually a number of ways for them to have people on the ground in that new region or country.  The...

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Member News

GOP | Italian Tax Authorities clarify the tax treatment of perpetual, subordinated and equity-accounted bonds

With Ruling no. 291 of 31 August 2020 (“Ruling”), the Italian Tax Authorities (“ITA”) confirm  that perpetual, equity-accounted and subordinated bonds qualify as debentures similar to bonds (titoli similari alle obbligazioni) for Italian tax purposes. The Ruling concerns financial instruments with the following features: they are perpetual instruments, as the issuer shall reimburse the capital only in the event of the winding-up (or other similar events) of the issuer; the early repayment may be made by the issuer at its...

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Member News

Faegre Drinker | Business Email Compromise Scams: What You Should Know and What You Can Do To Be Prepared

Business Email Compromise (BEC) scams have become increasingly commonplace and financially destructive. According to the Federal Bureau of Investigation (FBI), 2019 was the worst year on record for BEC scams — both in terms of the number of attacks and the financial losses incurred because of the scams. 2020 figures to be even worse, as businesses have increasingly been victimized by attackers seeking to exploit companies whose employees are working remotely due to the COVID-19 pandemic. As the risk...

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