jon-tyson-XmMsdtiGSfo-unsplash

ECLA Bulletin, August 2020

ECLA Bulletin, August 2020

header-2

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!
bryan-angelo-FtiXADBTqGY-unsplash-1540x1026

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.
lucian-alexe-yh0UtueiZ-I-unsplash-1540x1156

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.

pexels-alex-knight-2599244-1540x1026

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.

morning-brew-jQJkVJfgAYI-unsplash-1540x1026

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

header-2

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!
jason-leung-OpD2dvDcJo8-unsplash-1540x1026

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.
waterfalls-on-cliff-772481-1540x904

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.

dde2f8d63ed7b3156074d4b6f80c46b56f11f743b55a85b2a180fceca852bb6b

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!

image_respect_zone_org2-1

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

header-2

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!
{a5ba437c-38f7-4184-9df3-f1db0c11a954}_WKCORP_FRL2020_LP_IMAGE_5_350x454px

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.
john-cameron-6qVozI9Y5Uo-unsplash-1540x1155

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.

habib-ayoade-uWfOa8brybM-unsplash-1540x1299

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

OLC-Landing-2

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!
header-2

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!
marcel-strauss-valUcwnJOqU-unsplash-2

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

OLC-Landing-2

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!
header-2

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!
Picture-1-1540x533

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

OLC-Landing-2

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!
Knowliah-on-desktop-2

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!
person-getting-his-blood-check-1350560-2

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.

49651379343_094eda3235_k

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”.

charles-deluvio-6OF-Ly-5oJY-unsplash-2

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

cathal-mac-an-bheatha-f8Sw-dZowgo-unsplash

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!

jason-briscoe-amLfrL8LGls-unsplash

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.
rene-deanda-fa1U7S6glrc-unsplash

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.

Barnier-3-c-Michael-Thaidigsmann-1540x1027

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.

city-view-at-london-672532

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

dylan-gillis-533818-unsplash-2200x880

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.

cathal-mac-an-bheatha-f8Sw-dZowgo-unsplash

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!

claudio-schwarz-purzlbaum-_ndKZP88jz8-unsplash

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.
0-1540x867

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.

40899487972_3799d5e811_o

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.

woman-holding-card-while-operating-silver-laptop-919436

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

dylan-gillis-533818-unsplash-2200x880

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.

cathal-mac-an-bheatha-f8Sw-dZowgo-unsplash

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!

00-1-768x511

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.

jamie-davies-Hao52Fu9-F8-unsplash-768x512

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.

parvis-768x512

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.

IMG_1444-768x576

“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

cathal-mac-an-bheatha-f8Sw-dZowgo-unsplash

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!

markus-spiske-wIUxLHndcLw-unsplash-768x453

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.
pexels-photo-2087395-768x512

Foodstuffs from Israeli settlements must state their specific geographical origin, top EU court rules

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.

you-x-ventures-Oalh2MojUuk-unsplash-768x512

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.

abstract-art-blur-bright-373543-768x512

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

blur-chart-data-159888

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.
ECLA-Banners-3000x1200-2200x880

ECLA Noon Webinars: How to implement technology in your legal department – 28 November 11:30-12:30 CET

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.
mahosadha-ong-lSdxCqutMKE-unsplash

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.

g-r-mottez-la9EgQSuSV8-unsplash

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.

Logo-ELTA-Home-1

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

markus-spiske-iar-afB0QQw-unsplash

ECLA Legal Technology Study

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.
Landing-page-image_Webinar_2thOctober_3000x1571

ECLA Wednesday Noon Webinars: Making the Business Case for Legal Department Software – 2 October 11:30-12:30 CET

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!
23 May 2019. @vivianhertz

Green leader blames ‘arrogant’ Socialists and ‘bully’ Macron for European Parliament failure to reach agreement

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.

20181124_EP-078528F_AFP_0007_RESIZED_L-1540x989

‘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.

Logo-ELTA-Home-1

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

Empty section. Edit page to add content here.

Newsletter, July 2019

ECLA Newsletter, July 2019

Paris night II

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!
glen-carrie-773789-unsplash-e1554216134738

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.
annie-spratt-kr_88BakygA-unsplash

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.

dietmar-reichle-caiX9QloFc8-unsplash

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.

Assemblee-nationale-

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.

20190524_ECLA_HD108-e1559301009496

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

marius-masalar-138931-unsplash

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.
Paris night II

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!
jon-tyson-1402406-unsplash

Clamping down on hate speech

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.

alexander-andrews-1463733-unsplash-1

Preparing for the unknown

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.

aeroplane-aircraft-airline-321159

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

24 May.@vivianhertz

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.
cell-tower-cellphone-masts-clouds-270286-1

5G and political developments

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.
black-and-white-construction-job-38293-e1557994462674

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.

architecture-beach-blue-sky-532581-e1557241930120

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.

DSC04007-1-e1556887114398

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_LOGO_small

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

Steigenberger_Wiltchers_Brussels_ECLA

ECLA Events in 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.
top

ECLA Member Association News  

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.
DSC03992-e1554215241866

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.

1280px-GSMA_Mobile_World_Congress_2011_-_Huawei

Banning China’s Huawei?

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.

DSC03703-Edit-e1554989529682

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.

account-accounting-balance-164686-e1555595380466

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.

action-auto-automotive-258083-1024x683

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

Steigenberger_Wiltchers_Brussels_ECLA

ECLA Events in 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.

DSC073851-e1554215321922

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.
DSC04126-1-e1554215812795

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.

office-1209640_1920-e1554216708715

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.

catenary-central-station-city-163580-e1554216034200

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.

glen-carrie-773789-unsplash-e1554216134738

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

DSC08121-1-e1554216346795

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.

app-blur-business-270669-e1554216539829

Reining in the tech giants?   

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.

DSC07678-e1554216673914

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.

Dp4dubOX4AEy28Y-e1554216814306

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.

blur-business-chart-159888-e1554216877885-1000x600

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

Samuel Beckett bridge and Convention Center in Dublin, Ireland

ECLA’s Events in 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!

flag-and-gavel-speaker-1000x600

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.

apple-applications-apps-607812

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.

agreement-black-business-943630

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.

EU-Japan_EPA_Signing_4

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

Exterior

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.

ECLA-recruit-next-generation-of-company-lawyers-1-1

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.

accounts-applications-apps-267350-768x557

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.

Karlsruhe-decision-768x511

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.

markus-spiske-507983-unsplash-768x512

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

Group Photo_38th GA_181109

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!

ECLA-company-lawyer-future-1

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.

ECLA_Fine-tuning-the-GDPR-b

Fine Tuning the GDPR    

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.

ECLA-cyber-crime-1

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.

intellectual property concept

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.

Exterior

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

Inhouse-legal-logo_ECLA

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.

Bras de fer_04

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

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.

ECLA_Newsletter_June_GDPR

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.

eDiscovery: Detecting violations in international business

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

Inhouse-legal-logo_ECLA

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_Parlament

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.

Closeup side view of group of software developers working late at IT office. There are three people gathered around two dual display computers. Back lit through large office window.

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

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.

General_Counsel_Roundtable_Rom_2

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

IMG_0153_greenroom_Artikel_interviews

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?

GDPR - General Data Protection Regulation.

Europe’s Next Privacy Battle 

– The ePrivacy Regulation (ePR) – even stricter than the GDPR

– What companies need to expect

– Supporters and critics

OLYMPUS DIGITAL CAMERA

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

Bras de fer_04

Caught in the crossfire 

– Significant risks of non-compliance

– U.S. punitive tariffs raise concern

– Take contractual precautions

Newsletter, July 2018

ECLA Newsletter, August 2018

ECLA_First Board_meeting in prag_october1999

ECLA – from past to present  

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?

Web

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.

30641838_schmal

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?

shutterstock_1090353002_europäischer gerichtshof

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

shutterstock_764608429_montage

DIGITAL AND NEW MEDIA  

– Services for members

– The website – www.ecla.eu

– Social Media

– ECLA Newsletter

– Communication works both ways

Woman giving a presentation to her team. She is using a whiteboard with charts and graphs. She is talking. They are in an office boardroom at the table with laptop computers and paperwork. She is smiling. Men and women in the group.

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

supreme-court-546279_1920

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

ECLA_Newsletter_June_GDPR

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

EU flags waving in front of European Parliament building. Brussels, Belgium

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

OLYMPUS DIGITAL CAMERA

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

Bildschirmfoto 2018-04-30 um 15.48.07

THE POTENTIAL OFFERED BY LEGAL AI-TECHNOLOGY – LOOKING AT NORWAY 

– Threats and dangers

– Compliance and legal technology

– Solutions and perspectives

Cloud Computing

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

Latest ECLA News

Follow us:

© EUROPEAN COMPANY LAWYERS ASSOCIATION
Avenue Louise 326, 1050 Brussels
Belgium
Phone +32 2-808 54 56
info@ecla.eu
www.ecla.eu

Stay up to date.

Follow us on LinkedIn!

Follow