Since the 1950s, international trade and travel have increasingly become a familiar part of our everyday lives, and innovations in technology have meant that borders are less of a barrier than ever. While the digitalisation of global commerce was already gathering pace, the Covid-19 pandemic has undeniably accelerated the shift from conventional brick and mortar businesses to online services. This comes as more consumers are now inclined to shop online to reduce their exposure to Covid-19. Businesses that have been...

Just in time for Earth Day and US President Joe Biden’s global climate change summit, the European Parliament and Member States agreed on reducing greenhouse gases by at least 55%, as compared to 1990, in the EU’s first legally binding climate law. The agreement was reached in the early hours of Wednesday morning after six in-depth negotiation rounds.  Initially proposed by European Commission President Ursula von der Leyen when setting out her 5-year political objectives to the European Parliament in late 2019,...

In part 1, we looked at the importance of setting service delivery expectations, initial risk assessments, and common service level structuring approaches in digital transformation projects. In this instalment, we examine service level measurement and reporting, change management, and service credit remedies.  Measuring service performance Once the services are up and running in a technology project, the actual performance of the service against the service levels is usually measured on a weekly or monthly basis. In long term arrangements or where the...

The Hague System for the International Registration of Industrial designs is an effective vehicle for centralized acquisition of design patents in multiple jurisdictions and subsequent maintenance thereof. Generally, a single International Design Application (“IDA”) is filed with the International Bureau (“IB”) at the World Intellectual Property Organization (“WIPO”), designating a number of selected contracting jurisdictions, i.e., participating countries or regions, for registration.  Filing of the IDA with WIPO streamlines basic filing requirements and bibliographic data. Upon filing, the IDA is reviewed...

On April 22, 2021, the United States Supreme Court unanimously decided the closely watched case AMG v. FTC. Petitioners argued that the Federal Trade Commission (FTC) had no authority to get monetary relief under Section 13(b) of the FTC Act, which by its text provides for, at most, "a permanent injunction." The decision marks the end of the FTC's broad exercise of 13(b) authority to get money back from those who violate the FTC Act—for now. Section 13(b) has been a cornerstone of...

On 9 April 2021, the Commission de surveillance du secteur financier (“CSSF”) published valuable guidance on the governance and security requirements applicable to remote/home working (“Telework”) in the form of CSSF Circular 21/769 on governance and security requirements for supervised entities to perform tasks or activities through telework (“the Circular”). 1. Scope The Circular applies to all entities subject to CSSF supervision (credit institutions, management companies, AIFMs, investment firms, specialised and support PFS, payment institutions, electronic money institutions, etc.). The Circular only applies to entities relying on Telework (defined...