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!


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digitisation has transformed the day-to-day tasks of company lawyers completely – long nights at the library have been replaced by continuously bright monitors.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.


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.


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.


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.

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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.


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


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.

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: 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?

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


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

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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?


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?

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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

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– Communication works both ways

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1. Corporate | Mergers & Acquisitions
2. Compliance
3. Public Policy | EU Regulations
4. Digitalization | GDPR
5. Legal Technology
6. Organization | Diversity



– United States vs. Microsoft

– New law creates new legal basis

– ECLA’s brief of amicus curiae

– New search warrant



– 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


– Tasks and objectives

– Management and Organization

– The beginning of a new era

– An opening event with prominent guests

– The advantages of membership



– “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

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– Threats and dangers

– Compliance and legal technology

– Solutions and perspectives

Cloud Computing


– 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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