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
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.
Audiovisual Media Services Regulations 2020
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.
The National Security and Investment Bill
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.
EU circular economy plan
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.
EC Industrial Strategy package
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.
EC action plan for intellectual property
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:
- Improving the protection of IP – including by improving the supplementary protection certificates, modernising EU design protection, addressing the impact of new technologies including AI and blockchain, and facilitating rapid rollout of the unitary patent system.
- Boosting the uptake of IP by SMEs – including by improving information advice and creating a financial assistance fund.
- Facilitating sharing of IP – including by improving access to critical infrastructure, facilitating sharing of critical IP during times of crisis, improving copyright infrastructure, mobilising IP-protected data and improving transparency and predictability in the licensing of standard-essential patents.
- Fighting counterfeiting and improving enforcement of IPRs – including by establishing an EU anti-counterfeiting toolbox.
- Promoting a global level playing field.
2021 Work Programme
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.
