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Recent Articles


    Co-determination in the setup and organisation of whistleblower reporting offices

    This article deals with the co-determination rights of the works council as regards whistleblower reporting offices in accordance with the German Whistleblower Protection Act (HinSchG).The legislator passed the German Whistleblower Protection Act as a national transposition of the EU Whistleblower Directive (Directive (EU) 2019/1937) in May 2023. However, fines for not having an internal reporting office have only been imposed since December 2023 when the transitional provision expired. In view of this, many companies are currently working out how exactly to implement their obligations under the...
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    New Implementing Regulation on the Law on the Protection of Consumer Rights and Interests

    On 19 March 2024, the State Council of the People’s Republic of China issued the Implementing Regulation on the Law of the People's Republic of China on the Protection of Consumer Rights and Interests (“Regulation”). It will take effect on 1 July 2024. The aim is to better adapt the consumer protection laws to the fast-changing business environment and to respond to the concerns in the implementation of the Law on the PRC on the Protection of Consumer Rights and Interests revised in 2013.The aspects covered include product liability, unfair trade practices, contractual issues...
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    England and Wales

    Supreme Court ruling on the correct approach for assessing PSLA in “mixed injury” claims

    In a judgment welcomed by claimants, the Supreme Court has upheld the Court of Appeal’s decision in the case of Hassam & Anor v Rabot & Anor [2023] EWCA Civ 19 in respect of the correct approach to take when assessing damages in mixed injury cases.Mixed injury cases are those where a claimant suffers a whiplash injury which falls within the scope of the fixed tariff system contained within the Whiplash Injury Regulations 2021 (made under the Civil Liability Act 2018) but also suffers additional injury which does not fall within the tariff system and is subject to a common law assessment...
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    EC closes first investigation in Bulgaria under new EU Foreign Subsidies Regulation

    On 16 February 2024, the European Commission (EC) opened its first investigation under the Foreign Subsidiaries Regulation (FSR) in relation to a BGN 1.2 billion (EUR 610 million) public procurement initiated by Bulgaria's Ministry of Transport and Communications on 4 January 2024 for the tender of 20 electric “push-pull” trains, including their maintenance over 15 years and the education of staff. The investigation was initiated following notification from a Chinese company participating in the public procurement procedure.Following the EC's announcement of an in-depth FSR investigation,...
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    Sweden intensifies crackdown on credit-funded gambling

    Proposed new amendments to the Swedish Gambling Act will mandate gambling companies to decline all credit-based payments from consumersSince the implementation of the Swedish Gambling Act (SFS 2018:1138) in 2019, Sweden has made several amendments to the Swedish Gambling Act to mitigate potentially harmful effects that gambling may entail. A notable addition has been the introduction of a gambling software operating permit during 2023. CMS Wistrand has previously published an article on this matter, which can be found here.Currently, Sweden is considering further legislative amendments aimed at...
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    United Kingdom

    Introduction to the Crypto-Asset Reporting Framework

    The market for Crypto Assets is growing rapidly. Crypto Assets can be issued, recorded, transferred and stored in a decentralised manner, without the need to rely on traditional financial intermediaries or central administrators. Further, the Crypto-Asset market has given rise to a new set of intermediaries and other service providers, such as Crypto-Asset exchanges and wallet providers, which may currently only be subject to limited regulatory oversight. Overall, the characteristics of the Crypto-Asset sector have reduced tax administrations’ visibility on tax-relevant activities carried...
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