Recent Articles

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  02.06.2023

  Ukraine

  Ukraine es­tab­lishes Re­build­ing Agency, plans pi­lot pro­jects for re­build­ing and de­vel­ops e-sys­tem for their man­age­ment

  Rebuilding AgencyOn 17 January 2023, the Cabinet of Ministers of Ukraine (CMU) enacted resolution No. 29 “On Some Issues of Optimisation of the System of Central Executive Authorities”. This resolution established the State Agency for Reconstruction and Infrastructure Development of Ukraine (i.e. the “Rebuilding Agency”), which replaces the State Road Agency of Ukraine and the State Agency for Infrastructure Projects. Furthermore, CMU resolution No. 193 dated 21 February 2023 approved regulation outlining the following powers and responsibilities of the Rebuilding Agency:management...

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  02.06.2023

  United Kingdom

  Modi­fic­a­tion of pub­lic con­tracts dur­ing their term

  Procuring authorities and suppliers frequently consider whether changes to a contract awarded under the procurement regulations can be accommodated, or alternatively whether they give rise to a new contract that should be reprocured.In the recent case of James Waste Management LLP v Essex County Council [2023] EWHC 1157 (TCC), the High Court has considered the issue of when a modification to a public contract can be made without having to run a new procurement procedure.As there has been very little consideration of Regulation 72 by the UK courts, the judgment offers welcome guidance on when a...

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  02.06.2023

  China

  PRC Pub­lished the Guide to Ap­plic­a­tions for Re­cord-fil­ing of Stand­ard Con­tract for Out­bound Per­son­al In­form­a­tion Trans­fers

  The Cyberspace Administration of China ("CAC") published the first edition of the Guide to Applications for Record-filing of Standard Contract for Outbound Personal Information Transfers ("Guide") on 30 May 2023. It provides practical guidance to the implementation of the Measures for the Standard Contract for Outbound Transfer of Personal Information ("Measures").For details on the Measures, please refer to our previous newsletter "Are you ready for China's Standard Contract for Outbound Transfer of Personal Information?".As the Measures have entered into force since 1 June...

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  01.06.2023

  Europe

  State aid: fol­low­ing ap­peals by Ry­anair, the Gen­er­al Court of the EU an­nuls the Com­mis­sion's de­cisions ap­prov­ing aid for SAS, Deutsche Lufthansa and Itali­an air­lines

  FR

  On 11 May 2023, the General Court of the EU cancelled two European Commission decisions authorizing State aid in the form of capital injections for the airlines SAS and Deutsche Lufthansa, in particular because there was no mechanism for increasing the remuneration of the Swedish and German States' shareholdings and because of the modalities of the exit of the State. On 24 May 2023, the General Court of the EU annulled the Commission's decision of 22 December 2020 authorizing a compensation scheme for airlines holding a licence given by the Italian authorities due to a failure to state reasons....

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  01.06.2023

  Europe

  CJEU provides clar­ity on data pro­tec­tion: judg­ments on right to com­pens­a­tion and right to ob­tain a copy of per­son­al data

  CJEU judgment on right to compensation for non-material damage under GDPR (Case C-300/21)On 4 May 2023, the CJEU delivered a judgement concerning the right to compensation following an infringement of GDPR (Case C-300/21). It was held that a mere infringement of the GDPR does not confer a right to compensation. Despite this, there is no requirement for the non-material damage suffered due to a breach to reach a certain threshold of seriousness in order to give rise to a right to compensation.Facts of the case:Since 2017, the Austrian postal service (Österreichische Post (OP)) had been collecting...

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  01.06.2023

  United Kingdom

  The Gambling Re­view White Pa­per: Fin­an­cial Risk Checks (AKA af­ford­ab­il­ity checks) for on­line op­er­at­ors

  One of the issues which prompted the most debate in the lead up to the White Paper has been the notion of ‘affordability checks’ for online operators i.e. whether – and the extent to which – gambling companies should be required to satisfy themselves that their customers can afford to spend the amounts that they have lost or may lose in future and, in order to do so, requiring customers to provide financial information, such as bank statements, payslips, tax returns etc., to evidence their income.The speculation and uncertainty over where the Government would land on this...

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