Stéphanie Fougou Elected President of ECLA
ECLA is pleased to announce the election of Ms. Stéphanie Fougou, SVP, General C...
ECLA Bulletin, September 2021
On November 9, Wolters Kluwer Legal & Regulatory’s Legal Software business will be holding its virtual, highly anticipated pan-European conference, titled ‘European Corporate Legal Departments on the Move.’ Don’t miss this unique opportunity for legal tech enthusiasts across Europe to connect and share knowledge about how the role of legal tech has changed since the COVID-19 pandemic and how it is shaping the modern legal department.
In addition, we invite everyone to participate in a short survey on digitalisation. The survey will take 8 minutes to complete and will provide you with a free copy of the study once published. The event will also be one of the first places where the initial results of the study will be discussed
CMS European M&A Outlook 2022: Road to Recovery
A comprehensive M&A study by CMS found a number of developments in the field, especially compared to just a year ago. Key findings included but are not exclusive to:
53% of respondents expect European M&A activity to increase over the next 12 months (compared to only 2% last year)
24% see undervalued targets as the most important buy-side driver of M&A activity. 22% identify distressed-driven M&A as the most important catalyst for sell-side activity.
71% agree that financial buyers are better placed than strategic buyers to take advantage of buying opportunities in the post-lockdown revival.
While financial buyers may be better placed than strategic buyers, more than half of survey respondents expect the overall level of European M&A activity to increase over the next 12 months, with both corporates and private equity firms eager to make up for lost time. This stands in stark contrast to last year’s poll, in which 78% of interviewees were preparing for a decrease in M&A.
Although asset prices have held up through the pandemic and vast government stimulus has kept businesses from insolvency, almost a quarter of respondents (24%) see undervalued targets as the most important buy-side driver of M&A activity over the next 12 months. A similar share (22%) identifies distressed-driven M&A as the most important catalyst for sell-side activity.
CSR and taxes: taxation is not only about money
At first glance, taxation and corporate social responsibility (CSR) appear to be distant fields, antinomic even. Yet they have come together over the past two years to form two sides of the same coin. These past years have been marked by two movements in this area, one guided by a search for transparency from groups regarding their internal tax management policies, the other guided by the need to improve budgetary revenues.
WhatsApp fined €225 million, second-largest fine under the GDPR
In September 2021, the Irish Data Protection Commission (DPC) fined Facebook-owned WhatsApp €225 million for breaching privacy rules pursuant to the GDPR. The decision, a first major fine imposed by the Irish data watchdog and the second-highest fine GDPR-related fine, is the culmination of a three-year investigation.
ECLA Bulletin, August 2021
ECLA Bulletin, August 2021
European Corporate Counsel Academy – 10% early bird special!! Also for Fall 2021!
The early bird 10% off special remains for our members who sign up for the courses at least a month in advance. Visit the Corporate Counsel Academy website to find out information about our upcoming courses in Fall! In addition to the return of our well-received courses such as Legal English for Negotiation and Drafting International Contracts, the selection also includes practical courses such as LinkedIn for Lawyers, Engaging your Internal Client, Media Training, Cross-Cultural Negotiation, Legal Writing, and much more!
Visit the website by clicking the button below or send us an e-mail for more information!
Lack of transposition of Copyright Directive starts infringement proceedings
The European Commission has started its infringement proceedings against 23 EU Member States regarding their implementation of Directive 2019/790/EU on copyright and related rights in the Digital Single Market.
The letters of formal notice, the first step in the proceedings, were sent as most of the EU Member States have yet to fully transpose the Directives into national legislation, which entered into force in June 2019 and for which the transposition deadline was on 7 June.
Why a call to boycott through social networks is illegal
The advent of Facebook, Twitter, Instagram, Sina Weibo, and other social media platforms has not only transformed how individuals communicate both locally and globally, but has also provided a way to campaign and put pressure on governments, companies, associations, and groups of all kinds. This is extraordinary power, the effectiveness of which would have been unfathomable just a few decades ago. However, when activist messaging turns into a call for boycott, the action becomes illegal in many countries of the European Union, as is the case in France.
Everything from the pig goes…except cartels!
Twenty-three companies, including Madrange, Aoste, Intermarché/Les Mousquetaires, Fleury Michon, Cooperl Arc Atlantique and Nestlé were fined a total of €93 million. Fake notebooks, clandestine meetings, secret phone calls, destroyed documents, the list goes on and on. About fifty companies were ultimately targeted by the twenty-three months of investigation, with thousands of documents and testimonies collected relating to the companies’ activities between 2012 and 2014, resulting in a long and detailed 254-page decision of the ADLC.
ECLA Bulletin, July 2021
ECLA Bulletin, July 2021
Corporate Counsel Academy courses – 10% early bird special!!
We have extended an bird special, an extra 10% off for our members who sign up for the courses at least a month in advance. Visit the Corporate Counsel Academy website to find out information about our upcoming courses in Fall! In addition to the return of our well-received courses such as Legal English for Negotiation and Drafting International Contracts, the selection also includes practical courses such as LinkedIn for Lawyers, Engaging your Internal Client, Media Training, Cross-Cultural Negotiation, Legal Writing, and much more!
Visit the website by clicking the button below or send us an e-mail for more information!
Corporate accountability laws coming to Europe
Almost 30 organisations are calling for the UK to introduce corporate accountability laws to their legal regimes, which would require businesses to consider human rights issues and environmental obligations across their supply chains. Organisations such as Friends of the Earth and Amnesty International, amongst others, have pointed out that the current voluntary approaches that the UK legal regime currently enjoy have failed.
Why Legal Professional Privilege is in the interest of all concerned
While much of the legal and business world has been in slow-motion through the Covid pandemic over the past 18 months, the issue of the LPP -or Legal Professional Privilege- has been center-stage of recent political, legislative and case law proceedings in France, Spain and the Netherlands.
In-house lawyers are true professionals who execute their legal obligations and provide legal advice with honesty, integrity and independence, just like law firm lawyers. No more and no less.
An opinion paper submitted by Eric Gardner de Béville, previously General Counsel at Coca-Cola France, Spain & Portugal, consultant and member of the Cercle Montesquieu.
CMS – Open Secrets? Guarding value in the intangible economy
As the findings of new research mandated by CMS and conducted by The Economist Intelligence Unit reveal, senior executives worldwide now recognise trade secret protection as a priority issue. But the research also reveals gaps that leave vital trade secrets unnecessarily exposed to misappropriation.
The top threats – cybersecurity attacks and employee leaks – resonate with the growing challenges that we see facing our corporate clients every day. Increased home and remote working is straining security measures and employee loyalty. Added to this, an ‘innovate or die’ attitude in highly competitive sectors can motivate new joiners to arrive with questionable material from their previous employer, or worse, encourage companies to steal from competitors.
ECLA Bulletin, June 2021
ECLA Bulletin, June 2021
Corporate Counsel Academy courses – Fall 2021
Visit the Corporate Counsel Academy website to find out information about our upcoming courses in Fall! In addition to the return of our well-received courses such as Legal English for Negotiation and Drafting International Contracts, the selection also includes practical courses such as LinkedIn for Lawyers, Engaging your Internal Client, Media Training, Cross-Cultural Negotiation, Legal Writing, and much more!
Visit the website by clicking the button below or send us an e-mail for more information!
ESG, shareholder activism and judicial developments in the oil industry
On 26 May, the Hague District Court ordered Royal Dutch Shell to reduce the CO2 emissions of the Shell group by net 45% by 2030, compared to the group’s levels in 2019. Though Shell had already put forth a statement earlier in 2021, aiming for carbon neutrality by 2050 and reducing their carbon intensity by 20% by 2030, the court found that the business plans of the Group have yet to be adapted to these targets and that the Group’s overall policy and ambitions largely amount to rather intangible, undefined and non-binding plans for the long-term.
European class actions expected to rise as opt-outs become more popular – CMS
A record number of class actions has been filed across Europe in recent years with a rise of over 120% between 2018 and 2020. Class actions against the technology sector increased dramatically, with 15 times the number of claims filed in 2020 as in 2017, equivalent to a growth of 1400%. Data protection claims grew 11 times, or 1000%, between 2016 and 2020.
The study can be downloaded by clicking the link at the end of the article.
The six challenges of in-house lawyers: an interview series with French company lawyers
In stressful times, legal departments are thrust at the centre of a company’s operations. The ongoing Covid-19 pandemic has been no different, as lawyers must address several high-stakes questions on a regular basis, ranging from the continuity of contracts and force majeure issues to labour law questions. Furthermore, the regular concerns that lawyers address require equal amounts of attention, such as data protection, compliance, social and environmental responsibilities. The French publication “Les Echos” interviewed ten legal directors from medium and large companies to find how to address and adapt to these ever-changing challenges.
ECLA Bulletin, May 2021
ECLA Bulletin, May 2021
Corporate Counsel Academy courses – Drafting International Contracts (starting May 11) and more
Visit the Corporate Counsel Academy website to find out information about our upcoming courses in Fall! In addition to the return of our well-received courses such as Legal English for Negotiation and Drafting International Contracts, the selection also includes practical courses such as LinkedIn for Lawyers, Engaging your Internal Client, Media Training, Cross-Cultural Negotiation, Legal Writing, and much more!
Visit the website by clicking the button below or send us an e-mail for more information!
Legal tech data security – a checklist for in-house counsel
Buying legal technology can be overwhelming enough without adding to the mix the challenge of ensuring your preferred software meets security requirements. This is probably why, anecdotally, we hear of legal tech projects where data security requirements are raised late in the game, usually when IT becomes involved in the project. The article includes a handy checklist of data security considerations for legal teams.
Foreign in-house lawyers enjoy legal advice privilege under English law
In September 2020 the High Court of Justice Business and Property Courts of England and Wales Commercial Court (QBD) clarified the applicability of legal professional privilege for communication with foreign in-house counsel. The core issue in Bogolyubov & Ors [2020] EWHC 2437 concerned that the Russian legal system draws a legal distinction between officially registered advocates and in-house lawyers, similar to some other European jurisdictions.
Download study: Legal Departments in a Digital Era
ECLA and Wolters Kluwer published a free in-depth study into the digital status of legal departments across Europe. A pan-European study based on a comprehensive survey conducted in Fall 2019, the research aims to act as a starting point in establishing the status of various markets in Europe and to highlight how far in the digitalisation and digitisation process corporate legal departments are.
The study is very insightful in not only showcasing the status of in-house teams across various facets, such as the organisation and tools in use, digital strategies and budgets thereof, but also future plans and how corporate lawyers themselves see the legal departments evolving.
Click below to read more and to download the study for free!
ECLA Bulletin, April 2021
ECLA Bulletin, April 2021
Corporate Counsel Academy courses – Drafting International Contracts (starting May 11) and more
Our highly successful course Drafting International Contracts returns on 11 May! This course provides the necessary vocabulary and drafting techniques to understand and improve your contracts in English. It will enable you to improve in style, syntax, and correct vocabulary, and use of legal sentences in English. There is an emphasis on practical skills: you will learn the necessary techniques to draft clear, efficient contracts and avoid common pitfalls. The training will provide you with a greater capacity to understand and draft contracts in English with confidence, lucidity and precision.
ECLA will issue a certificate to each participant at the end of the course indicating the exact hours of training.
The Drafting International Contracts course and others can be viewed by clicking the link below!
TikTok: Dutch nonprofit alleges serious infringements of GDPR
On 7 April 2021, the Stichting Onderzoek Marktinformatie (SOMI) (translated as the Foundation for Market Information Research) submitted a complaint to the Irish Data Protection Commission in Dublin concerning the social media platform TikTok, alleging several severe violations of the General Data Protection Regulation. The application comes in light of the latest viral “challenges” on the platform, that have led to the deaths of several children.
General Court upholds Lego building blocks as Community design
The Danish toy company Lego has gained a considerable victory in their recent judicial proceedings. On 24 March 2021, the General Court of the Court of the European Union upheld an application by Lego for a Community design, which overturned a previous rejection by the European Union Intellectual Property Office on the grounds of invalidity. The judgment reinstated the building blocks as Community design.
Download study: Legal Departments in a Digital Era
ECLA and Wolters Kluwer published a free in-depth study into the digital status of legal departments across Europe. A pan-European study based on a comprehensive survey conducted in Fall 2019, the research aims to act as a starting point in establishing the status of various markets in Europe and to highlight how far in the digitalisation and digitisation process corporate legal departments are.
The study is very insightful in not only showcasing the status of in-house teams across various facets, such as the organisation and tools in use, digital strategies and budgets thereof, but also future plans and how corporate lawyers themselves see the legal departments evolving.
Click below to read more and to download the study for free!
ECLA Bulletin, March 2021
ECLA Bulletin, March 2021
Legal Professional Privilege in Europe and Beyond
The article is based on a comprehensive roundtable discussion on legal professional privilege (LPP) for in-house counsel, held on 10 March 2021 by ECLA, together with Cleary Gottlieb Steen & Hamilton LLP. The discussion included the status of LPP in various European jurisdictions, including Germany, France, the UK and others, in addition to providing a regulatory overview within the EU legal framework, contrasting it with the status of LPP in the US, where LPP has enjoyed a legal standing for well over seven decades.
Legal privilege for Spanish in-house lawyers clarified and enshrined in law
On 3 March, the Spanish Government approved the new General Statute of Spanish Lawyers, replacing the current system that had been in effect since 2001. The twenty-year-update, which had been pending since 2013 and which will come into force on 1 July, aims to provide the legal profession with a modern and effective legislative framework. In addition, the Statute will include an explicit reference to in-house lawyers, a first in the Spanish legal system.
Download study: Legal Departments in a Digital Era
ECLA and Wolters Kluwer published a free in-depth study into the digital status of legal departments across Europe. A pan-European study based on a comprehensive survey conducted in Fall 2019, the research aims to act as a starting point in establishing the status of various markets in Europe and to highlight how far in the digitalisation and digitisation process corporate legal departments are.
The study is very insightful in not only showcasing the status of in-house teams across various facets, such as the organisation and tools in use, digital strategies and budgets thereof, but also future plans and how corporate lawyers themselves see the legal departments evolving.
Click below to read more and to download the study for free!
The Future is Now: The New World of Work – A CMS Webinar Series
Our partner CMS has put together a comprehensive series of webinars with experts that address any relevant legislative or policy changes that employers need to be aware of and discuss the issues arising from the new prevalence of remote working in the short and potentially also longer term, including from a health & safety perspective.
The series covers 25 countries, and each 45-minute webinar will typically cover one country and will be conducted in English by CMS experts from the relevant jurisdiction.
Participation is free and we invite our members to check them out, as they will provide practical advice onto navigating the pandemic currently and in the near-future.
ECLA Bulletin, February 2021
ECLA Bulletin, February 2021
The Rotterdam District Court recently clarified the applicability of legal professional privilege for in-house lawyers pursuant to Dutch law. ECLA Participated in this judgment by providing an amicus curiae. Jonathan Marsh, President of ECLA, welcomed this judgment, stating that it paves the way for general counsel serving on executive boards, a significant step aligning jurisprudence with the role of the modern general counsel who serves as a trusted advisor on strategic matters.
Download study: Legal Departments in a Digital Era
ECLA and Wolters Kluwer published a free in-depth study into the digital status of legal departments across Europe. A pan-European study based on a comprehensive survey conducted in Fall 2019, the research aims to act as a starting point in establishing the status of various markets in Europe and to highlight how far in the digitalisation and digitisation process corporate legal departments are.
The study is very insightful in not only showcasing the status of in-house teams across various facets, such as the organisation and tools in use, digital strategies and budgets thereof, but also future plans and how corporate lawyers themselves see the legal departments evolving.
Click below to read more and to download the study for free!
Join our weekly Online Learning Centre sessions! We have an exciting line-up planned for Spring 2021, with new webinars covering a variety of topics, from COVID-19 challenges to legal professional privilege to legal tech solutions. Our speakers are seasoned experts in their fields and will give thought-provoking discussions. The agenda for March will be the following:
- 3 March 11:00 CET – The Importance of Legal Spend Management During Times of Covid-19 Uncertainty and Budget Cuts – Lynne Kellet (EDF UK), Daniel Wate (Associated British Foods) & Jo Guy (Busylamp)
- 10 March 15:00 CET – Legal Professional Privilege For In-House Counsel: A Roundtable Inspired By The Rotterdam District Court’s Recent Shell Judgment
- 18 March 11:00 CET – How To Innovate In Your Own Legal Team: Examples From UiPath And Deloitte Legal’s First Legal Automation Partnership
- 23 March 11:00 CET – KPI’s For Legal Departments: From Defining To Achieving
- 30 March 11:00 CET – Legal Operations & Covid-19: One Year Later – Amy Mcconnell (Vodafone Business), Natalie Salunke (RVU), Joachim Kämpf (ECE Projektmanagement)
All sessions are free to join and can be done by clicking register below
Swiss mulling on LPP for civil proceedings
As part of the ongoing revision of civil procedure law, there have been discussions to introduce the protection of professional secrets for corporate lawyers in civil proceedings. Swiss business representatives are in favour of this proposal, stressing the importance of having legal professional privilege in international conduct, which would turn Swiss companies more competitive on a global scale.
ECLA Bulletin, January 2021
ECLA Bulletin, January 2021
ECLA Corporate Counsel Academy
ECLA has taken a new step in its services for our European company lawyer members – the Corporate Counsel Academy is a collection of online certification classes tasked with making further education and improvement as accessible as possible, especially in times of a pandemic. The subject matters of the classes are diverse, varying from courses on drafting international courses or improving your negotiation skills in legal English to practical courses on accounting and on improving your LinkedIn profiles and network. Check out the website below – we are certain that we have something to offer to everyone!
Download study: Legal Departments in a Digital Era
ECLA and Wolters Kluwer published a free in-depth study into the digital status of legal departments across Europe. A pan-European study based on a comprehensive survey conducted in Fall 2019, the research aims to act as a starting point in establishing the status of various markets in Europe and to highlight how far in the digitalisation and digitisation process corporate legal departments are.
The study is very insightful in not only showcasing the status of in-house teams across various facets, such as the organisation and tools in use, digital strategies and budgets thereof, but also future plans and how corporate lawyers themselves see the legal departments evolving.
Click below to read more and to download the study for free!
Our online webinar series continues right where we left off, with a wide variety of sessions planned for this year. We start off with two exciting sessions by Knowliah, titled as following:
- 25 February – How to create the perfect digital workplace? For enterprise legal management
- 23 March – KPI’s for legal departments: from defining to achieving
Both sessions will start at 11:00 CET
Please note that we will continuously update our schedule, with new sessions to be announced soon!
Don’t wait – register and join for free by clicking below!
Robots and humans go hand-in-hand with legal tech
The article asks the opinions of several individuals knowledgeable about the legal tech field and how they see legal technology impacting the work of lawyers. The opinions vary and can be rather informative to understand what the expectations of people involved with legal tech are. Nevertheless, everyone sees legal tech overall as a benefit for corporate lawyers.
ECLA Bulletin, December 2020
ECLA Bulletin, December 2020
ECLA Corporate Counsel Academy
ECLA is taking a new step in its services for European company lawyers – the Corporate Counsel Academy is a collection of online certification classes tasked with making further education and improvement as accessible as possible for our members. The subject matters of the classes vary from language courses made for corporate lawyers to practical courses on accounting or on improving your LinkedIn profiles and network.
The courses are easy to access, with multiple time slots to choose from and are taught by highly qualified teachers based around the World.
Download study: Legal Departments in a Digital Era
ECLA and Wolters Kluwer published a free in-depth study into the digital status of legal departments across Europe. A pan-European study based on a comprehensive survey conducted in Fall 2019, the research aims to act as a starting point in establishing the status of various markets in Europe and to highlight how far in the digitalisation and digitisation process corporate legal departments are.
The study is very insightful in not only showcasing the status of in-house teams across various facets, such as the organisation and tools in use, digital strategies and budgets thereof, but also future plans and how corporate lawyers themselves see the legal departments evolving.
Click below to read more and to download the study for free!
ECLA Online Learning Centre – Brexit 14 January 2021 11:00 CET
Dr. Helena Raulus will join us to discuss the implications of the newly-reached deal on Brexit. She is the Head of the Joint UK Law Societies Office in Brussels and is an expert on EU legislative processes and institutional frameworks.
The discussion will be geared towards the interests of corporate counsel, including discussions on cross-border questions, commercial law, judicial recognition and more. We invite everyone to join this session to understand the intricate details what the Agreement entails.
Signs your corporate legal department needs a digital strategy
The Legal Departments in a Digital Era report, conducted by Wolters Kluwer and ECLA, found that half of legal departments have not started implementing a digital strategy. Furthermore, of those that have, 65% do not have clear goals and milestones set within their strategy.
Wolters Kluwer has put together a guide on how corporate legal departments should establish and implement a digital strategy. Further information on a topic that cannot be avoided by any legal department is always welcome! The aim of the guide is to demonstrate how to avoid any bottlenecks and gain the desired productivity that digital tools proclaim to bring.
ECLA Bulletin, November 2020
ECLA Bulletin, November 2020
ECLA Online Learning Centre – December 2020
We have two exciting webinars planned for December, addressing some key topical issues that corporate counsel are interested in. Registration and participation is free and can be joined from the convenience of your home or office. The upcoming discussions are:
- 3 December – Boosting legal innovation through process automation – UIPath
- 8 December – E-Mail Management for Corporate Legal Counsel: Practical Tips & Tricks – Knowliah
Download study: Legal Departments in a Digital Era
ECLA and Wolters Kluwer published a free in-depth study into the digital status of legal departments across Europe. A pan-European study based on a comprehensive survey conducted in Fall 2019, the research aims to act as a starting point in establishing the status of various markets in Europe and to highlight how far in the digitalisation and digitisation process corporate legal departments are.
The study is very insightful in not only showcasing the status of in-house teams across various facets, such as the organisation and tools in use, digital strategies and budgets thereof, but also future plans and how corporate lawyers themselves see the legal departments evolving.
Click below to read more and to download the study for free!
3 December 11:00 CET – Boosting legal innovation through legal process automation – UIPath
Ever since starting its accelerated growth as part of a disruptive and fast-growing software category, UiPath, the leading Robotic Process Automation (RPA) enterprise software company, pioneered digital transformation of its legal department, calibrating it to be fully suited for automation. Working alongside software robots provided the Legal Automation Team with state-of-the-art expertise in the end-to-end automation of legal processes.
Today, UiPath’s Legal Automation Program provides Legal Departments and Law Firms with the tools and know-how needed to automate the rule-based, manual and repetitive tasks of their operations.
Time-consuming processes can now be completed in minutes, accuracy can be improved, and cost reduced. And not to forget legal & compliance teams gain more time—time they can spend on strategic matters, protecting businesses from risk and providing the best possible legal advice.
As RPA integrates with legacy systems and technologies that are elemental to legal work – such as Optical Character Recognition (OCR) – it can deliver a high ROI in a matter of months. No wonder that, according to the “2020 Future Ready Lawyer: Performance Drivers survey report” by Wolters Kluwer, 34% of Law Firms are looking to invest in process automation technology.
By clicking on the link below, you can learn more about creating a more effective legal department with RPA
Ultimately, ECLA operates as an umbrella association for all our national member associations. The benefits that we offer are directly the benefits of all our member associations. By increasing our reach, we are able to generate more exciting services for our national members and reach our ultimate goal – to act as a pan-European networking and discussion ground for corporate lawyers in Europe. Our voices are always stronger together.
ECLA Bulletin, October 2020
ECLA Bulletin, October 2020
ECLA Online Learning Centre – Fall 2020
We recommend checking our Online Learning Centre webpage at least a few times a month to see any new upcoming sessions. We genuinely believe in the good that a strong network can bring in one’s career development, especially in times like this, where stay-at-home orders are again on the rise across Europe. Come join us for a high-quality interactive sessions, ask speakers what is on your mind and gain new insights!
Download study: Legal Departments in a Digital Era
ECLA and Wolters Kluwer published a free in-depth study into the digital status of legal departments across Europe. A pan-European study based on a comprehensive survey conducted in Fall 2019, the research aims to act as a starting point in establishing the status of various markets in Europe and to highlight how far in the digitalisation and digitisation process corporate legal departments are.
The study is very insightful in not only showcasing the status of in-house teams across various facets, such as the organisation and tools in use, digital strategies and budgets thereof, but also future plans and how corporate lawyers themselves see the legal departments evolving.
Click below to read more and to download the study for free!
The COVID crisis catalyses legal tech adoption among law firms
According to the 2020 Future Ready Lawyer: Performance Drivers survey report, despite the increasing importance of legal technology being a key concern for 76% of lawyers, only 28% said their organisation is well prepared for it – demonstrating a significant gap between the trend and the readiness to address it. However, the COVID crisis has pushed law firms to adapt and evolve, accelerating the legal technology landscape.
Employee data rights reaffirmed in various settings
The first week of October saw some interesting developments in the field of data processing and protection in light of EU law. Though not related in the conclusions that the developments draw, the decisions help illustrate the status of data usage in EU jurisprudence, highlighting the rights and responsibilities of European companies with regards to the management and usage of personnel data.
ECLA Bulletin, September 2020
ECLA Bulletin, September 2020
ECLA Online Learning Centre – October and beyond
Our webinar series has been met with great success and feedback. We would like to extend our deepest gratitudes to everyone for participating in our webinar series so far. We have an exciting fall line-up scheduled, with a wide array of discussion topics. The schedule is the following:
- 30 September (today) – Creating Connections, Bridging Gaps General Counsel Series: A Bridge To The Future For General Counsel
- The first of three sessions, done together with CMS, about the challenges of general counsel across Europe. The series is highlights a very interesting report which was done on the basis of 101 questions asked from general counsel of all varieties.
- 14 October – Creating Connections, Bridging Gaps General Counsel Series: Your Personal Career Development
- The second session, which will explore the general counsel role, including skills, ethics, influence within the business, staying informed and looking ahead to the future.
- 22 October – The Global Lawyer In The Digital Age – Holly Roper
- Legal curriculums have not yet adjusted to the realities of the 21st century, which require lawyers to adopt new attitudes, capabilities, skills and knowledge to advise, represent and regulate organizations in a time where business and data transcends national borders.
Holly’s presentation will focus on:
1. The emerging concept of Global Law.
2. What it means to be a Global Lawyer?
3. Required tool kit.
4. The capability gap facing legal departments.
5. How to bridge it?
- Legal curriculums have not yet adjusted to the realities of the 21st century, which require lawyers to adopt new attitudes, capabilities, skills and knowledge to advise, represent and regulate organizations in a time where business and data transcends national borders.
- 28 October – Creating Connections, Bridging Gaps General Counsel Series: Developing Your Team
- The third session will consider the role of the legal department, structuring your team, ethics, buying legal services and approaches to innovation and change, as well as looking ahead to the future.
Download study: Legal Departments in a Digital Era
ECLA and Wolters Kluwer published a free in-depth study into the digital status of legal departments across Europe. A pan-European study based on a comprehensive survey conducted in Fall 2019, the research aims to act as a starting point in establishing the status of various markets in Europe and to highlight how far in the digitalisation and digitisation process corporate legal departments are.
The study is very insightful in not only showcasing the status of in-house teams across various facets, such as the organisation and tools in use, digital strategies and budgets thereof, but also future plans and how corporate lawyers themselves see the legal departments evolving.
Click below to read more and to download the study for free!
Brand building and establishing oneself: the challenges of a General Counsel in 2020
The article gives a short preview into the General Counsel report, on which the webinar series is based on. The report can be considered an excellent source for understanding the role of corporate legal in today’s businesses. It presents a cohesive picture in the evolution of the role, coupled with the opinions of high-level decision makers across Europe and provides an idea as to how the role will evolve throughout the decade.
Do the importance and maturity levels of legal department areas correlate with each other?
The article uses Legal Departments in a Digital Era, a comprehensive project done by ECLA and Wolters Kluwer that establishes the digital status of corporate lawyers in Europe as a basis. It assesses what legal departments consider integral to their departments. Is there an overarching theme of areas across Europe that are prioritised over others? Establishing it helps understand what legal departments consider important for their core functions and which areas should require more consideration within the day-to-day life of a corporate lawyer.
ECLA Bulletin, August 2020
ECLA Bulletin, August 2020
Download study: Legal Departments in a Digital Era
ECLA and Wolters Kluwer published a free in-depth study into the digital status of legal departments across Europe. A pan-European study based on a comprehensive survey conducted in Fall 2019, the research aims to act as a starting point in establishing the status of various markets in Europe and to highlight how far in the digitalisation and digitisation process corporate legal departments are.
The study is very insightful in not only showcasing the status of in-house teams across various facets, such as the organisation and tools in use, digital strategies and budgets thereof, but also future plans and how corporate lawyers themselves see the legal departments evolving.
Click below to read more and to download the study for free!
Amazon under scrutiny by German competition authorities
As Amazon’s stock prices have soared during the ongoing COVID-19 pandemic, Germany’s national competition regulator, the Bundeskartellamt, has launched another investigation into Amazon’s activities and whether they amount to an abuse of a dominant position in the marketplace. The investigation will look into whether Amazon’s actions during the coronavirus pandemic could be considered unlawful, specifically towards third-party sellers on the Amazon marketplace platform.
An open all-in-one solution for the fragmented legal tech market? Lupl aims for the sky
A group of leading in-house legal departments and law firms has worked together to support the development of Lupl, a new open-platform start-up, aiming to connect legal teams working on different legal solutions, enabling them to seamlessly collaborate on legal matters. The end goal of the solution is not to replace the already-implemented systems, but to act as a plug-and-play fabric for existing legal solutions, integrating them into a single open industry platform.
How do legal departments plan to increase their value?
The digital revolution has made its way to legal departments. Though the legal profession can definitely be considered more conservative and less open to change than some other sectors, there is no doubt that in-house lawyers can immensely benefit from new-age solutions and will hopefully embrace the changes that the transformation process can offer. However, the question where to actually being such an endeavour is always a daunting task.
Commission launches investigation into Fitbit acquisition by Google
The European Commission has launched an investigation to ascertain whether Google’s $2.1 billion acquisition of Fitbit, the popular health tracking service, is in conformity with the EU Merger Regulation. This is not Google’s first run-in with Margrethe Vestager, the European Commissioner with competition, as it was fined €4.34 billion in 2018 for illegal practices regarding Google’s search engine on Android mobile devices and €1.49 billion in 2019 for abusive practices in online advertising.
ECLA Bulletin, July 2020
ECLA Bulletin, July 2020
Download study: Legal Departments in a Digital Era
ECLA and Wolters Kluwer published a free in-depth study into the digital status of legal departments across Europe. A pan-European study based on a comprehensive survey conducted in Fall 2019, the research aims to act as a starting point in establishing the status of various markets in Europe and to highlight how far in the digitalisation and digitisation process corporate legal departments are.
The study is very insightful in not only showcasing the status of in-house teams across various facets, such as the organisation and tools in use, digital strategies and budgets thereof, but also future plans and how corporate lawyers themselves see the legal departments evolving.
Click below to read more and to download the study for free!
Apple gains victory in the General Court
The General Court has annulled a decision of the European Commission regarding the Irish tax rulings in favour of Apple. The decisions by the General Court reject the notion that Apple had received undue state aid from the Irish government in its corporate structuring, which by the Commission’s calculations had amounted to €13 billion in unlawful tax advantages.
The evolving global role of the general counsel in Latin America and beyond
As businesses have become more globalised over the past few decades, the role of in-house lawyers has shifted to a more global role as well. Now, the scope of companies with dedicated legal departments often extend past both regional and national borders. In parallel, companies are faced with more regulatory and ethical challenges than ever before. This shift has also expanded the role that in-house lawyers have to fulfil. Elements such as contracts and corporate law, skills which constitute the foundation of an in-house lawyer, have become more standardised and thus in certain respects, supplanted in the everyday work that corporate lawyers have to fulfil.
ECLA Treasurer Among 50 most influential GC in Italy
ECLA’s very own Giovanni Cerutti has been voted by Inhousecommunity as one of the 50 most influential General Counsel in Italy. After seeing Giovanni’s contributions to ECLA over the past few years, we can certainly say that this award is well deserved. Congratulations Giovanni!
Respect Zone: Company Lawyers at the forefront of human right advocacy in Europe
How to join the fight to help companies navigate the digital ethics?
Looking for a cause with meaning for company lawyers? Ratifying the Respect Zone Charter is a chance to display your firm’s commitment in the prevention of cyberviolences.
The Respect Zone Charter embodies a unique original approach in Human Rights advocacy. Founded by Philippe Coen, a company lawyers, Honorary President of ECLA, Respect Zone is an NGO which registered as a trademark its label and charter which mobilizes all the resources offered by soft law to promote and defend Human Rights online. ECLA is particularly proud to support Respect Zone and its efforts to combat all types of cyberviolences in a positive manner associating legal remedies with creative educational tools.
Respect Zone and company lawyers associations and legal departments are invited to join the Respect Zone Legal Task Force find the right place and the right cause to offer to their members and collaborators a chance to make a difference by shaping the conversation at domestic and European level. Committed to prevent cyberviolences is a challenge to share with co-workers and a strong signal send to counterparts on where your firm stands on social engagement and social responsibility, vis a vis clients, members, associates, investors. Contributing to Respect Zone enhance our ethical impact and corporate social responsibility engagement.
Respect Zone offers several ways to promote a positive struggle against cyberviolences and design a new framework for Digital Human Rights through transnational and universalist standard. The Respect Zone Task Force welcomes new members in its sections:
- Legal Clinic: Law students coordinated by company lawyers utilize their legal talents to support Respect Zone and help victims facing cyberviolences to make their case heard in partnership right now with Paris Sciences et Lettres Paris Dauphine since October 2020.
- Public Affairs and Advocacy: Suggesting to public and international stakeholder’s new standards on digital literacy education, fighting racism, prejudices of all shape and forms online by publishing reports or testifying before committees in local, national and European parliaments.
- Cyber-debate competitions: Raising awareness on the central place of respect in public debate by organising speech-contest in the limit of the Respect Zone charter by social media.
- International Coordination: Expanding the Respect Zone initiative in new countries and participating to cooperation projects tackling sexual exploitation online under the supervision of our ECLA President Jonathan Marsh.
- Legal Pro-bono missions: Participating on a pro-bono basis for a year on specific tasks regarding the structuration and communication of the NGO.
For more information, do not hesitate to visit Respect Zone’s website or email them at info@respectzone.org
ECLA Bulletin, June 2020
ECLA Bulletin, June 2020
Download study: Legal Departments in a Digital Era
ECLA and Wolters Kluwer published a free in-depth study into the digital status of legal departments across Europe. A pan-European study based on a comprehensive survey conducted in Fall 2019, the research aims to act as a starting point in establishing the status of various markets in Europe and to highlight how far in the digitalisation and digitisation process corporate legal departments are.
The study is very insightful in not only showcasing the status of in-house teams across various facets, such as the organisation and tools in use, digital strategies and budgets thereof, but also future plans and how corporate lawyers themselves see the legal departments evolving.
Click below to read more and to download the study for free!
Changing professions: what drives the future ready?
Disruption caused by the global pandemic will have far-reaching impact across many industries. Amid this backdrop, Wolters Kluwer Legal & Regulatory announced findings from its latest global survey on the future of the legal profession in a new report: The 2020 Future Ready Lawyer: Performance Drivers. With insights from 700 legal professionals across the U.S. and Europe, the survey examines top trends shaping the profession, as it undergoes significant transformation now “turbocharged” by the COVID-19 crisis. The report explores the opportunities for legal organizations to drive higher performance, and finds that technology is at the center of the new legal landscape.
Barnier sees major hurdles ahead with Brexit, remains hopeful they can be overcome
Michel Barnier, the lead Brexit negotiator for the EU, held a speech in front of the European Economic and Social Committee, outlining the challenges that negotiating the exit deal has brought, with or without the ongoing novel coronavirus pandemic. Through reinforcing the hard lines that the EU will not cross in the deal and noting the unwillingness of the British negotiators to reach amicable compromises in certain fields, Barnier still remains hopeful that a comprehensive deal can be reached before the deadline later in 2020.
Post-Brexit Enforcement of judgments in civil and commercial matters: are there any winners?
With Brexit looming at the end of 2020, a multitude of questions are still up in the air. Regarding how to enforce civil and commercial judgments in a post-Brexit Europe, the Law Society of England and Wales have pinned the Lugano Convention as the appropriate solution. Currently applied between the EU and EFTA members, the convention concerns questions on jurisdiction and the enforcement of judgments in civil and commercial matters.
ECLA Bulletin, May 2020
ECLA Bulletin, May 2020
ECLA Online Learning Centre, June 2020
ECLA’s digital platform has been met with great positivity. We have already had some fantastic speakers from all parts of Europe and from various industries. June is no different, with first up a captivating discussion about a post-COVID worklife.
4 June 11:00 CEST – Lessons Learned and Post-COVID adjustments in Legal Departments – Sylvia Hess, LL.M., Global Head of Legal, Red Bull Media House GmbH; Pieter de Waal, General Counsel of the Law Society of England & Wales; and Katerina Galanopoulou, Legal and Compliance Counsel for Greece, Malta and Cyprus – SAP Hellas S.A
9 June 11:00 CEST – How To Marry Business With Legal? Some Secrets Revealed To Improve The Collaboration On Contracts And Cases – Knowliah
25 June 11:00 CEST – How To Save Up To 93.000 € Per Year For Your Legal Department? A Best Practice On Defining Your Business Case – Knowliah
More speakers to be announced on our social media and homepage regularly! All recordings of past sessions are available for free on our registration page as well!
Click on ‘Register’ below to sign up for free!
Download study: Legal Departments in a Digital Era
ECLA and Wolters Kluwer published a free in-depth study into the digital status of legal departments across Europe. A pan-European study based on a comprehensive survey conducted in Fall 2019, the research aims to act as a starting point in establishing the status of various markets in Europe and to highlight how far in the digitalisation and digitisation process corporate legal departments are.
The study is very insightful in not only showcasing the status of in-house teams across various facets, such as the organisation and tools in use, digital strategies and budgets thereof, but also future plans and how corporate lawyers themselves see the legal departments evolving.
Click below to read more and to download the study for free!
Franco-German response hailed across Europe, critics worry about the extent and scope
The Franco-German agreement for a half-a-trillion recovery fund could be considered a decisive moment in European history. The plan is to raise funds in public markets and utilise them as grants for regions and industries where the effects of the pandemic have been felt the most. The funds, backed by all EU Member States, would be distributed on a Union-level through the European budget.
ECLA Bulletin, April 2020
ECLA Bulletin, April 2020
ECLA Online Learning Centre, May 2020
We all have to stay in isolation, but that doesn’t mean that we cannot come together. ECLA has launched a digital platform to bring topical discussions to your homes. A few of our upcoming speakers include:
28 April 16:30 CEST – The Interplay Between Dpo And Legal Team: Roles, Responsibilities And Synergy – Sally-Anne Hinfey & Denise Farnsworth (Surveymonkey)
29 April 11:00 CEST – Mindful Leadership And Flexible Working Under The Cloud Of Covid-19 And What It Means For The Future – Monica Mahay (Intel)
13 May 11:00 CEST – Fast Food, Fast Love, Fast Law – Commercial Contracts – Cian Farrell (Huawei Ireland)
19 May 11:00 CEST – How To Speed Up The Digitalization Of Your Legal Department? Practical Tips And Tricks – Knowliah
We will be announcing more speakers on our social media and homepage regularly!
Click on ‘Register’ below to sign up for free!
Download study: Legal Departments in a Digital Era
ECLA and Wolters Kluwer published a free in-depth study into the digital status of legal departments across Europe. A pan-European study based on a comprehensive survey conducted in Fall 2019, the research aims to act as a starting point in establishing the status of various markets in Europe and to highlight how far in the digitalisation and digitisation process corporate legal departments are.
The study is very insightful in not only showcasing the status of in-house teams across various facets, such as the organisation and tools in use, digital strategies and budgets thereof, but also future plans and how corporate lawyers themselves see the legal departments evolving.
Click below to read more and to download the study for free!
Perspective on implications of COVID-19 on the legal sector
Together with the Legal Departments in a Digital Era study, ECLA and Wolters Kluwer conducted a short interview with Jonathan Marsh, President of ECLA, Jan-Willem Prakke of Legal Manager Services, and Grégoire Miot of Wolters Kluwer to discuss the implications of COVID-19 for corporate lawyers. The interview ties together some aspects that are already discussed in the study and brings them to the spotlight.
ECLA Bulletin, March 2020
ECLA Bulletin, March 2020
ECLA Online Learning Centre, April 2020
We all have to stay in isolation, but that doesn’t mean that we cannot come together. ECLA has launched a digital platform to bring topical discussions to your homes. A few of our upcoming speakers include:
7 APRIL 11:00 CET: Mr. Cian Farrell, talking about intrinsic differences between common and civil law in a pandemic
9 APRIL 11:00 CET: Mr. Jean-Philippe Doho, talking about legal innovation and online collaboration
Third week of April: Dr. Sally-Anne Hinfey, on Privacy (topic to be specified soon)
We will be announcing more speakers on our social media and homepage next week!
Click on ‘Register’ below to sign up for free!
Legal Technology: allnex counts on Knowliah
allnex, a global chemical company, decided to implement Knowliah as their document management solution. Andreas Mestel, General Counsel EMEA, talks more about why they decided to go with Knowliah and how it has impacted the work done in their legal department. Read more below!
Successive fixed-term work contracts contravene EU law even when entered into voluntarily
The CJEU held that even when public sector workers initially accepted a successive fixed-term employment relationship, they are still under the protection granted by the framework agreement on fixed-term work. The case stemmed from an IT worker at the Madrid public health service. The court also explicitly criticized Spain’s public health sector where there was a high percentage of temporary workers occupying what in reality were permanent positions.
Coronavirus: ECB announces 750bn stimulus to rescue European economy
The ECB announced it would launch a new €750 billion bond-buying program to shield the Union’s economy from the economic aftershock caused by the Covid-19 pandemic. Purchases under the new PEPP will be conducted “in a flexible” manner according to the ECB statement, which will allow for the purchase flow to be readjusted over time “across asset classes and among jurisdictions”.
Uber drivers considered as employees in France, court rules
Uber, one of the pioneers of the modern-day gig economy, was handed a major blow in France, with the ruling that the drivers for the company should be classified as employees. For years Uber has argued that it is a technology platform, rather than a transportation company. This has enabled them to circumvent high labour costs across the world, much to the dismay of governments.
ECLA Bulletin, February 2020
ECLA Bulletin, February 2020
Legal Disruption 2020 – 26-27 February Dublin
Legal Disruption returns in 2020, kicking things off in Dublin!. We pick up where we ended in Paris, bringing together company lawyers and experts passionate about legal technology and other disruptive elements relevant for contemporary legal departments. Come join, increase your network of company lawyers across Europe, discuss best practices and gain insight into future tech!
We have already published our first speakers, stay tuned to find out who else will join us!
Brussels ponders reform of securities trading rules
Brussels launched a consultation to make potential adjustments to the Markets in Financial Instruments Directive and Regulation. The amendments aim to improve investor protection rules and ensure transparent, efficient and competitive trading in financial instruments.
Vietnam free-trade agreement approved despite human rights concerns
The EU is expanding the World’s largest free-trade-area, with the European Parliament voting in favor of an FTA with Vietnam. The aim of the agreement is to boost bilateral trade by around 50 percent compared with the current levels. Currently, the EU exports goods and services worth almost €14 billion to Vietnam. The country is the second-largest trading partner of the EU in the ASEAN bloc, after Singapore.
EU sets out parameters for talks with UK
Michel Barnier presented his negotiating mandate for the upcoming talks with United Kingdom on the future relationship, post-Brexit. The 33-page document, which has been approved by the European Commission, will form the basis for talks with the government of Boris Johnson, which will start in early March 2020.
Government: UK will not implement EU Copyright Directive
In light of Brexit, the United Kingdom has decided not to implement the controversial Copyright Directive, that has been the subject of intense discussions in the last few years. The UK was among 19 nations that initially supported the new directive. It covers how “online content-sharing services” should deal with copyright-protected content.
ECLA Bulletin, January 2020
ECLA Bulletin, January 2020
ECLA Webcast Series: Times Change, Even For Lawyers – Progress vs. Challenges
Our speakers will discuss the outlook for legal departments in 2020 and potential challenges that in-house teams can expect to face in the upcoming decade. The session will be excellent for legal counsel of all seniority levels, as the facets it will touch are relevant for all members of legal departments. Issues such as assessing the level of digitalisation within the department, how to respond to the ever-changing trends within the legal market, and the top trends of 2020 for corporate legal departments will be discussed.
Legal Disruption 2020 – 26-27 February Dublin
Legal Disruption returns in 2020, kicking things off in Dublin!. We pick up where we ended in Paris, bringing together company lawyers and experts passionate about legal technology and other disruptive elements relevant for contemporary legal departments. Come join, increase your network of company lawyers across Europe, discuss best practices and gain insight into future tech!
We have already published our first speakers, stay tuned to find out who else will join us!
Schops: “Our role has substantially evolved and evolved in the right direction”
In 2020, ECLA launched a new interview series, titled In-House Interviews, where we ask in-house lawyers across Europe six questions on the life of a European company lawyer. Our first interviewee is Mr. Xavier Schops, the Group General Counsel of Sonova, a Swiss listed medical devices company. It is a very insightful read into the views of an experienced in-house lawyer.
Balancing privacy concerns with opportunities offered by Blockchain Technology
In 2020, ECLA also launched our Tech Insights, where legal technology experts and enthusiasts give their opinions on their interest areas. Maria Teresa Zucchelli is the General Counsel of Consulcesi Group, leader in the provision of legal and training services to healthcare professionals. She has been kind enough to give our readers an insight into how Blockchain could be used to tackle certain privacy concerns. It is an extremely interesting read.
GDPR: ‘Years away from legal certainty’ as breach notifications keep rising
Brussels still does not have a clear picture on how EU Member States have enforced GDPR rules and to what amount fines have already been given. Responding to an inquiry by an MEP, Justice Commissioner Didier Reynders indicated that some Member States just have not shared the data with the Commission yet. According to a study, an estimated 160,000 reports concerning possible infringements of data protection rules have been made since May 2018 across the EU.
EU directive strengthening consumer rights now in force
New EU rules now require online merchants to provide additional information, with the aim to increase consumer protection. For example, private buyers will now have to be informed whether a person selling goods or services online is a trader or another private individual. They must also be warned that EU consumer protection rules do not apply when the supplier is not a trader.
Newsletter, December 2019
ECLA Newsletter, December 2019
ECLA Webcast Series: Times Change, Even For Lawyers – Progress vs. Challenges
Our speakers will discuss the outlook for legal departments in 2020 and potential challenges that in-house teams can expect to face in the upcoming decade. The session will be excellent for legal counsel of all seniority levels, as the facets it will touch are relevant for all members of legal departments. Issues such as assessing the level of digitalisation within the department, how to respond to the ever-changing trends within the legal market, and the top trends of 2020 for corporate legal departments will be discussed.
Legal Disruption 2020 – 26-27 February Dublin
Legal Disruption returns in 2020, kicking things off in Dublin!. We pick up where we ended in Paris, bringing together company lawyers and experts passionate about legal technology and other disruptive elements relevant for contemporary legal departments. Come join, increase your network of company lawyers across Europe, discuss best practices and gain insight into future tech!
We have already published our first speakers, stay tuned to find out who else will join us!
EU Whistle-blower Directive in force
The EU has published a new whistleblower Directive, aimed at harmonising whistleblower protection rules across Europe. Currently, only 10 EU Member States have comprehensive legislation in place. Amongst other things, the Directive will require the creation of safe channels for reporting and aims to protect informants against retaliation from employers.
Australia and EU negotiating free-trade agreement
The EU is steadily increasing its FTA area across the World, with Australia being the next potential country to conclude the negotiations with the Union. The total annual volume of trade in goods and services between the two sides amounts to more than €40 billion per year. The European Commission, which negotiates on behalf of the 28 EU member states, believes that trade in goods alone could increase by 37% if an FTA is concluded.
ECJ: Parties not directly affected by actions of a cartel may claim compensation for losses incurred
The CJEU has held that pursuant to the EU’s antitrust rules enshrined in the Treaty, public authorities and other third parties can claim compensation for losses caused by a cartel, even when they are not actors themselves in the relevant market. The decision stems from a dispute taking place in Austria, where the state of Upper Austria was indirectly affected.
“AI is nothing to be afraid of”
ECLA, the Law Society of England and Wales, and the Association of Corporate Counsel held a comprehensive workshop on artificial intelligence and regulatory challenges at the European Parliament. The debate was chaired by Ilse de Loof, General Counsel of LBC group. Panelists included Helena Raulus, Head of the Joint Law Societies Office; Aswin Parkunantharan from the legal tech company Wolters Kluwer, and Quang-Minh Lepescheux, Director for EU Government Affairs at Microsoft in Brussels.
Newsletter, November 2019
ECLA Newsletter, November 2019
Legal Disruption 2020 – 26-27 February Dublin
Legal Disruption returns in 2020, kicking things off in Dublin!. We pick up where we ended in Paris, bringing together company lawyers and experts passionate about legal technology and other disruptive elements relevant for contemporary legal departments. Come join, increase your network of company lawyers across Europe, discuss best practices and gain insight into future tech!
Stay tuned on our event website – we will start publishing our Speakers soon!
EU adopts new rules for cross-border conversions of limited liability companies
The EU is moving forward with its plans to introduce new legislation for cross-border conversions, mergers, and divisions. The new rules would put an emphasis on targeting fraud and safeguarding the rights of minority shareholders and creditors during such processes.
The Court of Justice of the European Union has affirmed that food produce sold in the European Union must clearly indicate their geographical origin. The Court’s reasoning in this case aimed to highlight scenarios, whereby a State would be occupying certain territories and the subsequent foodstuff from within such regions.
Legal departments hire less, but spend more on external services, survey finds
A recent worldwide study has found that legal departments in 2019 spent considerably less on new recruits, opting to increase their spending on alternative legal services and matters such as legal technology. The study also found an overall decrease in the total expenditure for legal departments. It will be interesting to see how the trends will change in the upcoming decade.
German property company slapped with €14.5m fine for GDPR infringements
Berlin’s Data Protection Authority has imposed the second-largest GDPR fine to date. The offender in the case was a German residential property company, based in Berlin, whereby the company illegally stored multiple points of data of its former tenants, from payslips to social security information.
Newsletter, October 2019
ECLA Newsletter, October 2019
German court rules legal bot is against the law
The Cologne District Court has ruled that the activities of Smartlaw, an online document generator provided by Wolters Kluwer, is unlawful. The key element is the requirement under German law for such documents to be provided by qualified solicitors. Wolters Kluwer has said to appeal the verdict.
Our third webinar will focus on the practical approaches to implementing and modernising processes in your legal departments. Our experienced speakers will give firsthand knowledge and tips on how to position yourself and your department to ensure a smooth transition and get the most out of your new and improved workplace.
England’s Court of Appeal affirms “absolute nature” of legal privilege
The Court of Appeal of England & Wales has reaffirmed the absolute nature of legal privilege, attesting that there are no exceptions to it, unless an existing statute explicitly overrides it or the individual waives it.
Washington wins WTO approval for punitive tariffs on EU goods over Airbus subsidies
The dispute between Boeing and Airbus, and subsequently the United States and the European Union, continues. The arbitration panel ruled that the subsidies provided to Airbus by the EU resulted in lost sales for the American company, entitling the US to impose tariffs amounting to $7.5 billion worth of goods from the EU.
European Legaltech Congress 2019, November 20-22 2019
The European LegalTech Association (ELTA) will be having their General Assembly and Annual Conference in November in Madrid, organising practical sessions for legaltech enthusiasts.
Newsletter, September 2019
ECLA Newsletter, September 2019
One of the many projects that ECLA is currently in progress of involves the status of legal departments across Europe – a comparative pan-European project that aims to show how legal departments in various countries have overall responded to the challenges that digitalisation has brought to corporate legal departments.
A part of our research for the study involves a 15-minute online questionnaire. The questionnaire aims to map out the extent to which legal departments have transformed their processes and what does their future outlook look like.
The questionnaire can be done either on a computer or on mobile and all answers will be processed strictly anonymously.
As a thank you, we provide all participants with a free digital copy of the study in early 2020.
Our second webinar is almost here! The session will focus on how to make a business case for investing in modern tech solutions in your legal departments. It will aim to show the benefits of legal technology in numbers – something that board members and C-level executives alike will understand clearly. This webinar is ideal for both decision-makers and junior level lawyers alike, illustrating the material value that legal technology can bring to a department. Do not miss it!
In September, ECLA conducted a two-part interview series with Mr. Philippe Lamberts, Co-President of the Greens/EFA Group at the European Parliament. In part one, Mr. Lamberts gave us a behind-the-scenes look into the selection process that ended with the nomination of Ms. Ursula von der Leyen. It is a fascinating read for anybody interested in EU politics.
‘Growing the volume of international trade further is wrong’
Part two of our interview series with Mr. Lamberts focused on topical policy issues, such as digitalisation and the Green Agenda. The interview touched matters from regulating digital questions on the European level to implementing a carbon tax to international trade in the current climate.
European Legaltech Congress 2019, November 20-22 2019
The European LegalTech Association (ELTA) will be having their General Assembly and Annual Conferencein November in Madrid, organising practical sessions for legaltech enthusiasts.
Newsletter, August 2019
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Newsletter, July 2019
ECLA Newsletter, July 2019
Legal Disruption Roadshow
Paris, 25-26 September
The third edition of Legal Disruption is coming soon. The discussions will encompass fields such as digitalisation, data privacy, legal technology, organising modern legal departments, and much more, with the speakers coming from well-known companies and institutes.
Come, learn and network with your peers across Europe!
US slaps Facebook with $5 billion fine over privacy violations
The US Federal Trade Commission has imposed a large fine on Facebook due to its role in the Cambridge Analytica scandal. The settlement puts a number of restrictions on Facebook regarding its treatment of user data. The settlement might be an important step towards stricter American data protection rules, though nothing certain is planned for the near future.
European opposition to Mercosur trade deal?
The EU has widened its free-trade areas across the world, moving from Asia to South America, signing a deal with the Mercosur countries. The agreement has both strong proponents from the political side and strong opponents from the agricultural sector. As the agreement needs to be ratified by national parliaments, expect an uphill climb for the deal to go through.
Glyphosate and cancer: The jury is out
The Monsanto glyphosate saga has not swayed Bayer from acquiring them. A look into the controversial herbicide gives an overview of how the American judicial system has viewed the issue and how European countries have responded to the numerous lawsuits that Monsato has been facing in the US.
France Moves to protect confidentiality of legal advice by in-house counsel
A member of the French Parliament produced a report, proposing to extent legal privilege to company lawyers. The discussion has been heated for a long period, as there is heavy opposition from certain interest groups. The reports main argument for extending legal privilege concerns the competitiveness of French companies on the international stage, given the advantages that companies based in countries with legal privilege for in-house counsel enjoy.
Reding: “In the European Parliament, there are noise-makers and there are law-makers”
In-House Legal had the privilege to sit down with Ms. Viviane Reding during ECLA’s Annual Conference. The discussion focused on GDPR and what Ms. Reding, as one of the instigators, envisioned it to be, the status of Brexit, international relations, and gender equality.
Our interview series with prominent European politicians will resume in Fall!
Newsletter, June 2019
ECLA Newsletter, June 2019
ECLA Webinar Series – Vol.1 Digitalisation
July 10 2019, 11:30-12:30 CEST
From July onwards, ECLA, together with Wolters Kluwer, will bring you a series of webinars that focus on challenges that concern company lawyers across Europe. The first edition will focus on digitalisation – the bane of many legal departments all around. The session is ideal if you need to understand where your legal department currently stands, how can you move forward, and what are the best practices that one should keep in mind when proceeding with digitisation.
Legal Disruption Roadshow
Paris, 25-26 September
The third edition of Legal Disruption is coming soon. Building upon the excellent speeches we already had in Dublin and Stuttgart, expect Legal Disruption in Paris to bring together experienced company lawyers and industry experts from France and abroad. The discussions will encompass fields such as digitalisation, data privacy today, legal technology, organising modern legal departments, and much more. More information will be available soon!
Come, learn and network with your peers across Europe!
The CJEU will soon release a judgment that will give guidance into how to regulate offensive statements online. As the AG opinion has already been released, one can already assume what the outcome will be. The opinion does not place a heavy burden on providers but does obligate them to address other offensive posts that the same user has posted. In addition, providers themselves have started to change their policies on tackling racist messages on their platforms and have proven to be rather effective over the past years.
On Day 2 at the ECLA Annual Conference in Brussels, a panel convened to discuss the short- and mid-term implications of Brexit, both from an economic and from a legal standpoint. In-House Legal has collected some main points that the panelists emphasised, from the effect it has on SMEs to what has been buzzing around various industries. At the end of the day, nobody still knows what will happen.
Airbus-Boeing dispute nearing end
The dispute between the two aircraft manufacturers has been ongoing for well over a decade and might very soon reach an ending. Regarding one of the complaints lodged by the EU, the World Trade Organisation Appellate Body concluded in March that Boeing had benefited from specific tax programmes, putting Airbus at a disadvantage. Another judgment is expected to be published in July, where the US hopes the court to find that the EU has illegally subsidised Airbus.
Newsletter, May 2019
ECLA Newsletter, May 2019
ECLA Annual Conference 2019
On 22-24 May, ECLA organised its first ever Annual Conference. Taking place at the Steigenberger Wiltcher’s Hotel in Brussels, Belgium, the two-and-a-half-day conference brought together over twenty nationalities at the European heart to discuss various fields of law and share best practices.
The first day focused on corporate legal departments of today and tomorrow and addressed contemporary developments in compliance and M&A. The morning session included an electrifying speech by Mr. Philippe Lamberts, Co-Chair of Greens/EFA and a panel discussion concerning digitalisation within corporate legal departments. The day ended with a memorable evening reception and dinner at Train World.
The second day tackled Brexit and what it will entail for company lawyers, both from a economic and legal standpoint. This was followed by practical discussions regarding legal departments and a concrete look into data privacy and labour law challenges. The event culminated with a memorable speech by Ms. Viviane Reding in the afternoon.
We would like to thank all participants who joined us and our esteemed speakers and sponsors CMS, Wolters Kluwer, Knowliah and Debevoise & Plimpton, who made this event possible. We hope that everybody had a wonderful time and are eager to join us at our upcoming events.
Europe has taken a strong initiative in advancing 5G technology. The key reason behind it is the inherent advantage a functioning infrastructure will give to everyone – from companies to individuals. As 5G will be a definitive milestone in technological evolution, it is necessary to look in depth – what is 5G, what is the EU doing and how the World is reacting to it. From EU policy initiatives such as the 5G PPP to companies such as Huawei to countries such as Belgium, stakes are high and not every Member State will come out as a winner.
Companies must record employees’ working hours, European Court of Justice rules
Companies in Europe are obligated to set up systems to allow the recording of daily working hours of employees. This requirement is done in order to enforce legal limits on working hours. The judgment rests on the Charter of Fundamental Rights, entitling all workers to work only a limited number of hours and to have daily and periodical rest periods.
Orthodox monk wins right to practice as a lawyer in Greece
The Court of Justice of the European Union has held that in theory, Member States can prevent lawyers who have obtained their qualifications in another Member State from working as lawyers. However, the principle of proportionality must be taken into consideration when restricting migrant lawyers from working. In this case, a monk, who has qualified as an attorney in Cyprus, won the right to practice in Greece.
EU high court clears CETA arbitration tribunals
The Court of Justice of the European Union has concluded that the Investment Court System, which is a part of the free trade agreement between the EU and Canada, is consistent with EU law. The scope of the tribunals are limited, as it denies the possibility to challenge public policy measures that have been taken to protect health, safety or the environment, permitting only measures that are “manifestly excessive” in light of their objective.
ECLA Member Association News
Following the elections in April, where AIGI members re-elected Giovanni Cerutti, Raimondo Rinaldi and Silvia Bonacossa as Board members, the new Board convened on 8 May to appoint the new Chairman and other Officers for upcoming 3 years.
We are pleased to inform you about the new appointments: Chairman Giuseppe Catalano, Deputy Chair Wanya Carraro, Treasurer Massimo Scaravonati. Silvia Bonacossa was confirmed as the delegate for ECLA Assembly.
Under the AIGI Article of Association, Raimondo Rinaldi couldn’t be reelected as Chairman after two mandates; in addition, Silvia Bonacossa didn’t run for the Treasurer position. Also, given the great involvement as ECLA Treasurer, Giovanni Cerutti has denied to apply for any Office in addition to the Board membership.
Newsletter, April 2019
ECLA Newsletter, April 2019
In 2019, ECLA has already organised two successful Legal Disruption roadshow events. Back in February, our first one took place in Dublin, followed by our second event in Stuttgart in April. It is clear that the introduction of tech solutions in legal departments is a highly captivating topic that can increase departmental efficiency and ease workload immensely. We will have two additional roadshow events in Fall – one in Paris and one in Prague. Stay tuned!
On 22-24 May, ECLA will organise its Annual Conference, taking place at the Steigenberger Wiltcher’s in Brussels, Belgium. The two-day conference is packed with extremely interesting discussion topics and guests. Just check out our agenda and you will understand how intriguing it really is. You can see more information by visiting our website https://ecla.eu/ac19 , or by clicking register below.
ITALY
The Associazione Italiana Giuristi di Impresa (AIGI), the Italian Company Lawyer’s association, held elections in April, where Raimondo Rinaldi was re-elected as the Chairman. In addition, Silvia Bonacossa has been re-elected as treasurer and Giovanni Cerutti have been re-elected as a board member.
In addition, AIGI has announced its second Summer School, taking place in on 14-16 June in Bertinoro in June. After a highly successful event last year, this year’s theme will be Internet law and legal tech. To learn more about the event and the speakers, click on the button below.
Europe’s disputed copyright law: An overview
With the adoption of the Copyright Directive by the European Parliament, the Union’s rules on copyrighted materials will get a large overhaul. The main goal is to modernise copyright rules and bring them to the Internet era. Certain aspects, such as Article 13 of the Directive, have come under immense criticism, with opponents fearing it may bring dystopian results.
The close governmental collaboration that is required from Chinese companies is no secret. Hence, with the rise of Huawei and its expansion to the Western World, governments have become increasingly alarmed of the potential consequences that introducing such a company to the Western markets can bring. Consequentially, the response and approach has been divided across Europe.
EU wants to allow class action suits – under certain terms
The European Commission has been pushing for an option for collective redress for the better half of the teens. However, there has been opposition on multiple sides, especially by corporate representatives, who are arguing that the proposed measures lack adequate safeguards to prevent fraud.
UK competition authority wants to force Big Four to split off audit business
The British competition authority has called for legislation that would obligate the Big Four to divest some of their businesses, as it is hampering competition. The main reason behind such a call has been the number of sub-standard audits that the Big Four produces yearly, that has already reached over a quarter of the total number of audits.
Tweeting yourself into legal trouble
The SEC investigation regarding Tesla and Elon Musk specifically has demonstrated clearly the strength of social media and how it can influence the financial markets. As a tool that enables companies to reach an extremely wide audience, social media should be treated with care and tact.
Newsletter, March 2019
ECLA Newsletter, March 2019
With April around the corner, it is almost time for another Legal Disruption. On 9-10 April, our roadshow will bring us to Stuttgart, where experienced general counsel across Europe will gather to discuss technological advancements for in-house lawyers and illustrate, how a modern legal department should look like. The legal work that company lawyers are tasked to perform is getting increasingly complex, so all and any tools that ease the workload are very welcome.
The agenda for Stuttgart is very comprehensive. Industry heavyweights such as Microsoft and Deutsche Telekom are represented, as are Stuttgart-native Daimler AG and Robert Bosch GmbH, which is based a mere moment away in Gerlingen. The speeches will provide a wide range of themes that will surely spark discussion long-after the event: from ethical questions that artificial intelligence poses; to specific legal technology solutions that ease the workload; to emerging challenges that corporate counsel are faced with in the complex global world. And, of course, the applicability of blockchain for corporate legal departments will be looked in-depth as well.
Also, ECLA’s Annual Conference will already convene in less than two months. Come, meet your peers across Europe and discuss contemporary legal developments and what outcomes will the European elections bring to the continent (and maybe even another island). The two-day agenda will be diverse, with themes ranging from antitrust to labour law to digitalisation to Brexit. We have also prepared more practical sessions, discussing organisational matters in corporate legal departments.
Plans for New EU labour authority are controversial
The steps put forth by the European Commission to set up a European Labour Authority has met some backlash from some Member States. With the posting of workers to other EU Member States becoming more and more prominent, the Commission saw a need to create a set of rules that would facilitate it. A key issue however has been the difference regarding specific terminology and procedural requirements for posted workers, that differs between Member States.
EU Cybersecurity Act clears final parliamentary hurdle
With the adoption of the EU Cybersecurity Act in Strasbourg, a cybersecurity standard has been established in Europe that requires certified products, processes and services to meet certain standards. The permanent mandate for tackling cybersecurity-related issues will be at the hands of ENISA.
Why every company needs a compliance programme
A comprehensive and far-reaching compliance programme for a company not only shields the company from criminal liability, but also keeps the company operations more stable whilst minimising costs. There are many elements that must be taken into consideration, from the scope and risk elements to language requirements (for multinationals) to the overall purpose of the scheme – is it to ensure compliance with regulatory requirements, to prevent errors, or to find errors that already are in place.
Siemens-Alstom merger: Where law and politics clash
The European Commission has been pushing for an option for collective redress for the better half of the teens. However, there has been opposition on multiple sides, especially by corporate representatives, who are arguing that the proposed measures lack adequate safeguards to prevent fraud.
German antitrust regulator lashes out at Facebook
The German Federal Cartel Office obligated Facebook to start changing the way data in Germany is collected. The key concern they highlighted was the aggregation of data for a person that Facebook can obtain from various sources and then compile a unique database for each individual user. The data was not obtained solely from Facebook’s webpage or even its sister companies, such as Instagram or Whatsapp – it also supplanted user profiles with their activities on other websites, where elements such as Facebook’s ‘Like’ and ‘Share’ buttons had been included in the layout.
Newsletter, February 2019
ECLA Newsletter, February 2019
Battle over access and transparency intensifying.
With Brussels being the hotspot for all EU-related special interest representatives, lobbying at the EU-level has got some unwarranted responses from the general populace. An overview of the lobbying activities, what are the steps that must be done to register as a lobbyist and what are the most covered sectors for lobbyist is essential to understand better the system in place in Brussels.
The EU has noted that things must change in order for European tech companies to be competitive globally. The Digital Single Market strategy is an excellent beginning, aiming to create a level playing field for European companies whilst protecting the rights of European consumers. However, with the way that decision-making is set up in the EU, the Commission needs to be extremely efficient and precise, in order to pass far-reaching legislation, to appease all interested factions. Otherwise they can expect heavy backlash, as it is the case with the Copyright Directive’s specific articles at the moment.
EU policy and legal developments in 2019
2019 will be an interesting year for the EU, with developments from all fields coming in left and right. We have put together an overview of some topical and some interesting fields where one can expect changes as the year goes on. These issues are not equal in weight, but all are fascinating topics that every person interested in EU policy-making should be aware of. All topics however are very susceptible to have a considerable impact on the European economy at large. Expect more of these types of articles in the future.
EU-Singapore trade deal nearing finishing line
Now it is Singapore’s turn for a large-scale FTA, as the EU is expanding its economic impact across the globe. Trade will be fully liberalised; EU consumer safety requirements will be adhered to and Singapore’s public procurement market will open up for European companies. Expect to see Pecorino Romano in grocery stores in Singapore soon.
Music in the air: Was Spotify’s IPO a trailblazer?
Opting for a direct public offering, Spotify made a large gamble – and it worked. Even though Spotify is a well-known brand, the risk was huge. The success however has raised some questions about the US IPO market altogether. Moreover, a choice for a DPO carries its own potential risks that most companies, who do not have the clout that Spotify possesses, might run in to.
Newsletter, January 2019
ECLA Newsletter, January 2019
ECLA will organise a diverse set of events in 2019. The first Legal Disruption will take place on 13-14 February in Dublin, Ireland. We welcome all to join us to discuss how innovative legal solutions can benefit company lawyers and how it changes the work that corporate counsel does. If you wish to attend, just click the Register button below. If you cannot make it in February, we welcome you to Stuttgart in April with open arms.
ECLA’s Annual Conference will take place on 22-24 May in Brussels. Expect to hear discussion topics from a variety of themes that affect company lawyers – from antitrust to digitalisation to compliance to legal privilege. As it takes place the same week the European elections occur, the Annual Conference will be the ideal location to discuss the future of Europe for company lawyers, stakeholders and their peers. Don’t miss it!
US court decision a warning for in-house lawyers
A district court in Colorado has decided a case regarding legal privilege, that might spark new discussions about the overall extent of it. The key aspect why the ruling was against legal privilege concerned the Primary Purpose Test, where the judge ruled that the corporation had not taken the necessary steps to establish attorney-client privilege. However, there have been substantial developments in US case law since the referred precedent was established, leading people to question the reasoning behind the judgment. Regardless, legal advice needs to be kept separate from other communications.
The impact of social media at the workplace
Social media has completely changed the way people live their lives. It is everywhere, always, and instantly accessible. Thus it is not surprising that businesses have been slow to adopt a uniform stance regarding the workplace usage of social media. Research into the detrimental effects of using it at the workplace has not shown any conclusive results either. Businesses from around the globe have addressed the issue differently, pursuant to what rights the privacy laws of a given country provide.
Diversity in the workplace: Boon or distraction?
Should companies actively promote workplace diversity? Nowadays appropriate legislation is not the only reason why many companies actively promote it. Research shows that a diverse working force puts companies at a competitive advantage. Moreover, the changing demographics at the labour market have led to a much more diverse workforce as well. Overall, the labour force of today is much more competitive and diverse than it was in the past. With various technology companies leading the way, it seems that it is here to stay that way.
Landmark agreement between EU, Japan creates world’s largest free-trade area
From February 2019, the EU and and Japan will enter into the largest free trade area in the World. It took over 5 years of deliberations, covers over 600 million people and a third of the global GDP. It will lower the expenses for customs duties considerably and remove various regulatory barriers, making trade between Japan and the EU much more feasible. Moreover, the agreement makes it easier for the movement of people for business purposes, making Japan an enticing option for European companies.
Newsletter, December 2018
ECLA Newsletter, December 2018
Legal Disruption 2019 – Save the date!
On 13-14 February 2019, ECLA will host Legal Disruption 2019: Innovation, Technology, Collaboration at the Gibson Hotel in Dublin, Ireland. The event, tailored for company lawyers, will have general counsel from companies of all sizes giving their perspective on modernising legal departments. Themes such as artificial intelligence, process automation, legal matter management, and blockchain will be covered by our esteemed speakers and solution providers. Legal Disruption is ideal for company lawyers to get insight into how legal departments can be brought from the past into the future.
Employer Branding: Strategies to recruit the next generation of lawyers
Appealing to the ideal candidates has always been a tough task for companies. Finding candidates who fit the profile like a glove not only increases the output and efficiency of the company, but also ensures a positive workforce that will be associated with the company long-term. However, there is a number of approaches to finding the ideal candidates, from relying on recruiting study results to outsourcing recruiting to establishing a connection early on to turning to social media. One thing is certain – companies are a brand and brands must be appealing.
The digital services tax: Now or never?
There have been numerous reports over the past couple of years regarding the low taxes that large digital companies pay. This has led to the EU taking the initiative, proposing a digital tax. However, there is no consensus between the Member States, as some countries have used low tax rates as an enticing selling point. In addition, there are fears of an overseas retaliation against any measures that predominately target U.S. based companies. With the European elections and Brexit stealing the spotlight in 2019 European affairs, it might very well be now or never with the digital tax.
Seizure of documents in diesel emissions scandal lawful, says Constitutional Court
In June 2018, the Federal Constitutional Court held that the search and seizure of documents regarding the emissions scandal are not objectionable. This has given the authorities specific access to internal investigation documents under similar circumstances. However, the ruling has given some leeway to companies and company lawyers regarding legal privilege. The Court also held that foreign legal entities cannot invoke material basic rights under German law and the German Constitution.
How modernisation changes the profession of company lawyers
A global market functions differently from national markets. With more companies participating in transnational activities, the legal departments must be prepared for any issues that might arise in a foreign country, from regulatory to cultural. In addition to globalisation, the advent of technology in legal departments is changing the type of work that company lawyers must do. Gone are the days where research at libraries was a necessity. The implementation of new technological solutions can already be seen as a positive force for company lawyers, as more work can be done in-house. However, software solutions still cannot replace trained lawyers completely.
Newsletter, November 2018
ECLA Newsletter, November 2018
ECLA’s 38th General Assembly in Berlin
On 9 November, ECLA hosted its 38th General Assembly at the Kempinski Hotel Bristol in Berlin, Germany. The event was preceded by a dinner reception at the mesmerising Natural History Museum, hosted by the Arbeitgemeinschaft der Syndikus Anwälte im Deutschen Anwaltverein. During the 38th General Assembly, Jonathan Marsh and Giovanni Cerruti were unanimously re-elected as President and Treasurer of ECLA, respectively. Moreover, ECLA unanimously agreed to admit Sekcija korporacijskih pravnikov Slovenije from Slovenia as its 20th member. Welcome Slovenia!
The Company Lawyer of the Future
As companies have globalised, so have company lawyers therein. Gone are the days where company lawyers had to only approve contracts and manage disputes. Company lawyers of today must consider issues ranging from business and technical information to environmental and compliance factors. In addition, digitisation has transformed the day-to-day tasks of company lawyers completely – long nights at the library have been replaced by continuously bright monitors. This transformation however, coupled with legal tech advancements, has enabled companies to keep much of their legal departments in-house.
With the inclusion of Article 83 in the GDPR, the Regulation aims to curtail data protection infringements by imposing high fines on the violators. The goal would be for controllers and processors to stop infringements as soon as possible, reverse practice and to compensate damages. It is inspired by the EU competition law rules, where high fines have long been seen as an effective measure to ensure compliance. It is up to the respective national Data Protection Authorities however, to impose the fines and ensure adherence to the GDPR.
Cyber liability insurance: safeguarding financial interests against modern threats
Over the last decade, cyberattacks have become more prominent, targeting various industry sectors around the World. As attacks similar to NotPetya and WannaCry will unfold in the future, safeguarding a company’s digital assets has become a priority. With an average total cost of a data breach exceeding €3 000 000, businesses have started to consider cyber liability insurances more with each passing year.
EU copyright reform draws criticism
The EU aims to update existing online copyright laws in order to strengthen the rights of content producers and to divert some of the revenue from tech giants toward artists, authors and journalists. Critics, however, claim that the planned reform will threaten free use of the internet and make certain services more difficult to operate.
Legal Disruption: contemporary solutions and approaches for in-house counsel
With the beginning of a new year, ECLA will venture into a new and exciting territory by organising an exclusive technology conference for in-house counsel: Legal Disruption: Innovation, Technology, Collaboration. The event, taking place on 14 February in Dublin, will concentrate on the usage of legal technology in the legal departments and present how companies of all sizes are implementing various solutions, in order to bring their legal departments into the modern era.
Newsletter, October 2018
ECLA Newsletter, October 2018
IN-HOUSE LEGAL: new information portal is online
The positive feedback received following the start of our monthly Newsletter in May 2018 has encouraged ECLA to launch a new, comprehensive online platform called In-House Legal. The objective is for this web portal to become the go-to address for company lawyers seeking up-to-date information, background analysis, news, and best practices in their areas of interest.
Companies caught in diplomatic spat between US and Europe
President Donald Trump’s decision to exit the nuclear deal with Iran, and American pressure on other Western nations to abandon trading with Iran, has raised the stakes in transatlantic trade relations. The European Union has recently announced measures to protect businesses invested in Iran. This article looks at the risks companies could face in the coming months.
Brexit: Major headache for company lawyers
With only a few months to go before planned exit from the European Union, the terms of the withdrawal agreement and the future EU-UK relationship are still unknown. This article looks at the potential implications Brexit could have for businesses and assesses what might happen in the event of a No-Deal Brexit.
Herculean quest for compliance with Europe’s new data protection rules
The European Union’s General Data Protection Regulation has kept businesses and legal departments busy in recent months. Efforts to become compliant with the new law are on-going amid complaints of spiraling costs. This article provides new insights and perspectives into what has become a crucial issue for many company lawyers.
Electronic tools to detect compliance violations
Compliance violations by a single employee can result in serious damage and potentially threaten a company’s very existence. Many companies now deploy electronic tools such as e-Discovery software is to track them down. This article explains how this works and in which areas the tool can be deployed.
Newsletter, September 2018
ECLA Newsletter, September 2018
IN-HOUSE LEGAL: ECLA to launch new web portal
The positive feedback received following the start of our monthly Newsletter in May 2018 has encouraged ECLA to launch a new, comprehensive online platform called In-House Legal. The objective is for this portal to become the go-to address for company lawyers in search of up-to-date information, background analysis, news, and best practices in their areas of interest.
EU Parliament approves controversial copyright reform
The EU aims to update online copyright laws to reflect the internet age and to strengthen the rights of newspaper publishers and other authors vis-à-vis digital platforms. Critics, however, claim that the planned reform will threaten free use of the internet and make services like Wikipedia impossible to operate. On Wednesday, 12 September, the Parliament voted again on an amendment and approved the controversial and heavily criticised Copyright Directive.
Closing ranks with IT security experts
At the beginning of next year, the European Cybersecurity Act will take effect and establish European-wide standards for the certification of smart products: from refrigerators to servers and microchips. It is often people who play a decisive role in IT security.
A victory for legal privilege: Court of Appeal rules against SFO in ENRC case
In the case of the Serious Fraud Office (SFO) vs. ENCR, legal privilege received a landmark win. On 5 September, the Court of Appeal in London overturned a controversial ruling by the High Court from May 2017 and ruled that in-house advice prepared prior to court proceedings falls under the same legal privilege protection as that given in the defence of proceedings.
IN-DEPTH Discussions: ECLA’s First General Counsel Roundtable
How to effectively comply with antitrust and competition law on a European level, a practitioner’s view on competition damage claims and the impact of Brexit on competition law – those were the main topics of the first ever General Counsel Roundtable of the European Company Lawyers Association from 13 – 14 September 2018 in Rome.
Newsletter, August 2018
ECLA Newsletter, July 2018
ECLA and the national associations
The European Company Lawyers Association (ECLA) is the umbrella organization for 19 company lawyer associations in Europe and represents the common interests of European company lawyers. But what are these interests? What is the status of company lawyers in different European countries? And what are the main aspects of their day-to-day work?
– The ePrivacy Regulation (ePR) – even stricter than the GDPR
– What companies need to expect
– Supporters and critics
Europe must undergo profound reform to succeed in the digital, globalized age
– GDPR as a protective measure – Europe must increasingly take the lead
– Things have to change
– It can be done
– The European Union is the answer – but it must undergo profound reform
– Significant risks of non-compliance
– U.S. punitive tariffs raise concern
– Take contractual precautions
Newsletter, July 2018
ECLA Newsletter, August 2018
The European Company Lawyers Association (ECLA) is the umbrella organization for 19 company lawyers’ associations in Europe. It has been representing the common interests of European company lawyers since 1983. Why was the association founded and by whom?
Why the EU digital tax is a sensitive issue
The EU Commission’s proposed tax on digital business models is facing massive resistance: Member states are refusing support and trade associations are warning about the consequences. Companies, on the other hand, seem to be remaining remarkably calm. Experts are calling for an international solution – and anticipate national action.
Investor Activism – the underestimated threat
Activist investors, who have primarily operated in the U.S. in the past, have now set their sights on Europe. The study Investor Activism by CLI – Corporate Legal Insights and CMS Hasche Sigle shows that in some areas, companies are significantly underestimating the threat. But what can be done by the companies to develop a counterstrategy?
What does the future hold for intra-EU investment protection?
The Achmea ruling of the European Court of Justice (ECJ) caused a stir in trade policy in March 2018. The ECJ had to issue a decision on a bilateral investment protection treaty (intra-EU BIT) between two EU states, i.e. Slovakia and the Netherlands. It used these proceedings to make a general statement and ruled: Clauses of this kind in intra-EU BITs are not compatible with EU law. What does this mean for the EU member states? How will investors react to the termination of the intra-EU BITs?
Newsletter, June 2018
ECLA Newsletter, June 2018
– Services for members
– The website – www.ecla.eu
– Social Media
– ECLA Newsletter
– Communication works both ways
BEST PRACTICES SHARING FOR COMPANY LAWYERS – CENTERS OF EXCELLENCE
1. Corporate | Mergers & Acquisitions
2. Compliance
3. Public Policy | EU Regulations
4. Digitalization | GDPR
5. Legal Technology
6. Organization | Diversity
UNITED STATES VS.MICROSOFT: LEGISLATIONS MAKE THE DISPUTE MOOT
– United States vs. Microsoft
– New law creates new legal basis
– ECLA’s brief of amicus curiae
– New search warrant
THE GLOBAL STRUGGLE WITH THE GDPR
– Who is affected?
– Most companies are not ready
– Struggling companies
– What to expect?
Newsletter, May 2018
ECLA Newsletter, May 2018
COMPANY LAWYERS AS AMBASSADORS
– Tasks and objectives
– Management and Organization
– The beginning of a new era
– An opening event with prominent guests
– The advantages of membership
RECEPTION 2018 – KICK-OFF AT ECLA´S NEW OFFICES IN BRUSSELS
– “It‘s a brave new world”
– Pleading for the professional status of company lawyers
– Guy Verhofstadt on the future of the European Union
– ECLA‘s permanent presence in the heart of the European Union
– 2018 Reception
THE POTENTIAL OFFERED BY LEGAL AI-TECHNOLOGY – LOOKING AT NORWAY
– Threats and dangers
– Compliance and legal technology
– Solutions and perspectives
EDISCOVERY – DETECTING VIOLATIONS IN INTERNATIONAL BUSINESS
– French anti-corruption plan makes eDiscovery necessary
– Compliance hurdles are particularly high in international business
– Compliance violations can threaten a company’s very existence
– Internal investigations are now standard
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