14 December 2020
Radar - December 2020 – 8 of 8 Insights
In addition to new legislation mentioned elsewhere in this round-up (see links to other sections), commercial and tech businesses and in-house counsel should note:
The Corporate Insolvency and Governance Act (CIGA), was passed in July. Among other things, it impacts ipso facto clauses, a clause which permits a party to a contract to terminate that contract as a result of the counterparty entering an insolvency process. Read more.
The Audiovisual Media Services Regulations 2020 were made in October. They implement the amendments to the AVMS Directive made by Directive 2018/1808. Most provisions came into force on 1 November 2020. Read more.
This draft legislation was introduced in November. It will establish a new screening regime for transactions that might raise national security concerns and is likely to impact a significant number of transactions in key sectors of the economy. The scope of the new regime is striking. There will be a mandatory notification in 17 sectors, there will be no safe harbours on the basis of turnover thresholds and companies will face substantial fines in case of breaches. It also has a retrospective impact on certain transactions from the date of its introduction in Parliament, a move to prevent companies taking pre-emptive action. Read more.
The EC has published its new circular economy action plan which sets out future measures aimed at cutting waste in areas like textiles, buildings and electronic equipment. Of particular note are the proposals to require a universal charger for mobile phones, and a new right to repair for consumer electronics by 2021.
The EC published a new Industrial Policy package setting out its strategy for a globally competitive, green and digital Europe, including proposals for strengthening the digital single market, SMEs and creating a single market enforcement action plan. It looks to strengthen the digital single market to underpin Europe's transition to a digital future and says the EU must increase investment into research and technology as well as infrastructure including 5G. The EU also needs to ensure its IP policy helps strengthen its "tech sovereignty" and promote a global level playing field. A further focus will be on product liability with new guidance on the Product Liability Directive and the development of labelling and traceability systems as part of ensuring compliance of products sold on online platforms.
The EC adopted an Action Plan on Intellectual Property in November part of its New Industrial Strategy to help businesses, especially SMEs best exploit their inventions. Measures were announced in five key areas:
As we discussed in November, the EC has set out an ambitious Work Programme for 2021, to introduce measures aligned with its various strategies, many of which cover the digital, tech, consumer and data fields. Next year promises to busy.
by multiple authors
by multiple authors