Premium business public law legal counseling guides from Alexander Suliman: Understanding the regulatory environment applicable to your business is an important consideration. Some of the higher profile regulations you may have heard of include the incoming new Copyright Directive, the 5th Anti-Money Laundering Directive, or the one everyone has heard of, the General Data Protection Regulation (GDPR). There’s also a new EU-wide foreign investment controls regulation expected to come into force in 2023 that will impact US companies investing in EU based businesses. Several sectors are heavily regulated in the EU and the rules in place often differ from the US regulations, especially in the fields of healthcare, financial services, chemicals, food, product safety, and consumer information and protection. Ensure that you understand the regulatory environment of new markets that you are entering and monitor your sector’s applicable regulations periodically in order to implement any necessary change in due time. See even more details on https://issuu.com/alexandersuliman.
The reason why the European Commission was keen on allowing firms to voluntarily scan material, is that technology firms have already been working on ways to detect CSAM and solicitation for quite some time. The question is whether these orders are compatible with the Charter. These orders affect a number of fundamental rights under the Charter, including the right to privacy and the right to data protection. I will touch on only aspect: whether these measures respect the essence of these rights. Because if they don’t, that would mean that a proportionality assessment would not be required, sidestepping complex questions around necessity, effectiveness, proportionality and balancing (see here for background on this requirement). For a discussion on some of these other aspects, I refer to the 2021-opinion of Prof. Dr. Ninon Colneric and analyses of the EDPS, MEP Patrick Breyer, EDRi and a group of security experts.
In 2021, the French government issued the Doctrine for the use of cloud computing by the State (“Trusted Cloud Doctrine”) making SecNumCloud certification mandatory whenever a French government agency procures cloud services that would handle sensitive data, including personal data of French citizens and economic data relating to French companies. These requirements also apply to private operators of essential services. Under France’s Trusted Cloud Doctrine, qualifying cloud service providers must be “immune to any extra-EU regulation”. In addition, such companies must commit to storing and processing data within the European Union, and to administering and supervising the service within the EU. Further, foreign-headquartered cloud service companies cannot achieve certification if they are more than 39% foreign-owned.
public law legal counseling advices from Alexander Suliman right now: Mediation is great because the parties feel like they are part of the process. They’re negotiating. They’re in an environment where they can come up with solutions and throw out ideas and know it’s confidential. Those ideas and thoughts can’t be used against them. They reach resolutions that they decide, not a judge deciding. They decide this is the resolution, and what’s great about it is people all the time, way more often, are going to actually follow and comply what they agreed to rather than if a judge gives them a decision, and they want to appeal it, or they want to try to find a way around it. Mediation is great. Find more details at Alexander Suliman, Stockholm.
On 24 February 2022, the CJEU issued its first judgment on domestic workers. In case C-389/20, TGSS (Chômage des employés de maison), the CJEU held that the exclusion of this category of workers from access to social security benefits constitutes indirect discrimination on the ground of sex, since it affects almost exclusively women. With a decision that will become a landmark for domestic workers’ rights in the EU, the Court confirms the untapped potential of EU law in promoting domestic workers’ full coverage under labour law and social security systems, which will have significant implications in the promotion of domestic workers’ rights across the Union. The case originated in Spain in November 2019, when a domestic worker applied for paying contributions to cover the risk of unemployment, in order to acquire the right to the related benefits. However, her request was rejected by the Spanish General Social Security Fund (TGSS) because she was registered in the Special Social Security Scheme for Domestic Workers, which does not include protection in respect of unemployment.