Member Publications

November 28, 2022 On November 18, 2022, the Government of India released the long awaited fourth draft of India’s proposed privacy law, now renamed as the Digital Personal Data Protection Bill (“Bill”). The Government has sought for feedback on the draft Bill by December 17, 2022. At first glance, the Bill is quite a surprise – it is a completely new draft and not a redraft of the previous versio…

On 22 November 2022, following preliminary questions from the Luxembourg Court, the Court of Justice of the European Union (’’CJEU’’) issued a ruling on the UBO register. In brief, the CJEU is of the view that the general public accessibility of the UBO register constitutes a serious, disproportionate violation of the fundamental rights to respect for private and family life and the protection of …

On 10 September 2021, the amendment to the Cartel and Competition Act of 2021 (Gazette No. I 2021/176) entered into force. Amongst other things, this amendment to the Cartel and the Competition Act aimed to implement Directive (EU) 2019/1 of 11 December 2018 (to empower the Member States’ competition authorities to be more effective enforcers and to ensure the proper functioning of the internal ma…

November 17, 2022 Following the introduction of criminal liability of legal persons in the Spanish Criminal Code, together with the boom in the implementation of Compliance Systems in private companies (in order to generate confidence in the markets and raise corporate reputation), the need arose to establish certain communication/whistleblowing channels through which improper or criminal conduct…

The Ministry of Finance of Spain has announced a package of tax measures intended to be implemented during 2023 and that they will be incorporated into the General State Budget Law for 2023 and other laws pending approval. Some of these measures include: The so-called Solidarity Tax on Large Fortunes. This would be a temporary tax (for 2023 and 2024, even being considered for approval…

Until now the Supreme Court understood that the unjustified dismissal of an employee who was or had been in a situation of Temporary Disability (TD) did not entail per se the infringement of fundamental rights. Thus, in the absence of cause, the dismissal was declared unfair but not null and void. In order to deem such dismissal as discriminatory and, therefore, null and void, it was nec…

This write-up is a brief discussion on the Swiss Challenge Method (“SCM”) for selecting a resolution plan under a corporate insolvency resolution process initiated under Chapter II of the Insolvency and Bankruptcy Code, 2016 (“Code”). First Things First, What Is SCM SCM is a form of public procurement by way of a bidding process, wherein a bidder (original bidder) makes an unsolicited Bid to the a…

The amendment of the Spanish Insolvency Law was published today in the Spanish Official Gazette, and will come into force in twenty days[1]. The most relevant feature of such reform turns around the streamlining of proceedings in courts and the great role given to the pre-bankruptcy institute of the Restructuring Plan. New regulation of the pre-bankruptcy situation After this amendment, the…

August 8, 2022 Russia-related sanctions are becoming more and more extensive. How can a company ensure that its business is not affected by sanctions? And how do judges look at compliance with those sanctions? This contribution gives you guidance on how to assess this.  Introduction Sanctions against Russia have become part of contemporary society. You will find something sanction-related in the…