Recent Articles

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  09.02.2023

  Germany

  Wear­ables

  Digital assistance systems are gaining popularity for private use and at the workplace. This article shows the possibilities for using wearables at work and the related labor and employment law aspects.What are wearables?Wearables are items of small mobile computer technology that can be worn on the body, usually on the arm or head. They are primarily wearable, digitally networked devices such as smartwatches, smart glasses, smart rings, fitness bracelets and special clothing with extra functions. By providing information, evaluations and instructions, wearables can support employees in performing...

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  08.02.2023

  United Kingdom

  UK In­tel­lec­tu­al Prop­erty Of­fice (UKIPO) Change of prac­tice - Com­pli­ance peri­ods on di­vi­sion­al ap­plic­a­tions

  From 1st May 2023, the UKIPO will accord the un-extended compliance period of the original parent application to all divisional applications. The compliance period as extended by the Comptroller following a request under r.108(2)/(3) Patents Rules 2007 will not be inherited by any subsequent divisional applications derived from that application.The compliance period is the period for putting an application in order. By the end of the compliance period, the UKIPO may grant or refuse the application. This compliance period can be extended as of right r.108(2) and/or under the discretion of the Comptroller...

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  08.02.2023

  Germany

  Sus­tain­ab­il­ity Re­port: Scope of ap­plic­a­tion for EU and third-coun­try un­der­tak­ings

  The scope of companies that are obliged to submit a sustainability report is expanding.Traceability, comparability and transparency are the basis for assessing the ESG performance of companies – for analysts as well as for investors and debt providers. The credibility of sustainability reporting has been enhanced by the obligation of an audited sustainability report. The Corporate Sustainability Reporting Directive (CSRD) came into force on 5 January 2023. The CSRD, which has now been published in the Official Journal, specifies the scope of application of the CSRD, the possibilities for...

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  08.02.2023

  Europe

  EU Data Act – Fo­cus on Cloud Ser­vices: what is “func­tion­al equi­val­ence” … and is it ne­ces­sary?

  In the second Law-Now in our cloud services series on the proposed EU Data Act (the “Act”), we focus on the concept of functional equivalence. One of the aims of the Act is to remove barriers to access to data for both consumers and businesses. In pursuance of this in the context of cloud services, the Act introduces new rules to facilitate switching between providers of cloud services and other data processing services.The requirements relating to functional equivalence are a key component of the cloud switching obligations and, as currently drafted, have the potential to significantly...

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  08.02.2023

  England and Wales

  E-money and e-money ac­counts - a guide for lenders

  The development of the fintech sector over the last ten years has transformed payment systems with more individuals and businesses moving away from cash payments to using electronic money (“e-money”). In November 2022, Revolut announced it was processing more than 330 million transactions per month and had surpassed 25 million retail customers globally. The total amount of e-money transactions made in the EU reached 4.8 billion in 2019. The use of e-money accounts, rather than traditional bank accounts, in secured financing transactions poses novel legal issues. Without thorough analysis...

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  08.02.2023

  England and Wales

  Ar­bit­ra­tion clauses in crypto-re­lated dis­putes: High Court rules in fa­vour of con­sumer on jur­is­dic­tion des­pite agree­ment for ar­bit­ra­tion

  The High Court has recently handed down judgment in the case of Chechetkin v Payward Ltd and others [2022] EWHC 3057 (Ch), accepting jurisdiction to consider a consumer claim for repayment of sums lost trading crypto assets, despite the fact that the Claimant had signed up for arbitration, arbitration proceedings had already concluded and that the tribunal had already issued a final award dismissing the claims.Similar issues were also recently considered by the Court of Appeal in Soleymani v Nifty Gateway LLC[1], which partially overturned the High Court’s decision to stay a consumer’s...

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