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Strengthening cybersecurity laws: changes to the EU's and the UK's NIS regimes

Improving cybersecurity for essential services and infrastructure is high on the agenda for the UK's and the EU's legislators, in response to the ever-evolving threat landscape. The UK's and the EU's respective network and information systems or NIS regimes, while both to be strengthened (including by bringing managed service providers into scope), look to be diverging. 

COP27 and climate finance: Bridging the gap

With COP27 starting earlier this week, all eyes remain on what progress governments and international organisations are able to make to meet climate critical finance targets. Climate finance is a major issue at COP27, as it has been since developed countries initially agreed to mobilise $100 billion per year at COP15 in 2009 by 2020 (later extended to 2025). However, this annual target has never been met.

On course for an EU-US adequacy decision?

On 7 October 2022, President Biden issued an Executive Order (EO) that seeks to address the concerns set out in the Schrems II decision about US intelligence agencies’ access to EU individuals’ personal data. The EO is a significant step towards an EU-U.S. adequacy decision (expected in Spring 2023, if approved by member states) but, if granted, will that adequacy decision be sufficiently robust to withstand a likely legal challenge? 

Sanctions Update: UK enforcement, international regulator collaboration and further restrictive measures taken in response to Russia's invasion of Ukraine

This update provides a brief overview of some notable events that have occurred in recent weeks, including the UK Government's increasing ability to target activities considered to be problematic from a circumventing Russian sanctions perspective.

New EU Proposed Regulation seeks to ban products made using forced labour

The EU recently revealed its proposal for a new Regulation to combat the use of forced labour in the production of goods. A key aim of this new Regulation is that it will be used alongside other initiatives within both the EU and externally, in order to further eliminate modern day slavery from supply chains.

The SRA adds its weight to the growing discourse around so-called "SLAPPs"

The Solicitors Regulation Authority ("SRA") is the latest organisation to indicate that it is looking to curb the use of so-called Strategic Lawsuits Against Public Participation ("SLAPPs") in England & Wales. This proposed intervention follows the recently proposed interventions by both the Ministry of Justice and, from a European perspective, the European Commission. 

Further changes to right to work checks

Employers are required to check that all employees have the right to work lawfully in the UK. The rules on how to conduct these checks are changing from 1 October 2022, and employers should review their right to work policies and procedures in the light of these changes.

Release of the white elephant? Court of Appeal opens the door to £5bn multi-jurisdictional group litigation

On 8 July 2022, the Court of Appeal handed down its long-awaited judgment in the Municipio De Mariana group litigation claim, granting permission for some 200,000 Brazilian claimants to pursue in the UK their group action for damages caused by the collapse of the Fundão Dam in Brazil in 2015.

When will a confidentiality obligation owed to a third party trump a disclosure obligation in English proceedings?

The recent judgment of the High Court in Palladian Partners & Ors v The Republic of Argentina & Anor [2022] EWHC 2059 (Comm) provides an interesting insight into the factors that will be weighed by the court in determining whether a confidentiality obligation owed to a third party should obviate the need for a party to provide inspection of relevant documents in English litigation.

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