Banca

Artículos Recientes

•  

  17/04/2024

  United Kingdom

  APP fraud – Quincecare duty claims against banks replaced by new “retrieval duty” claims

  The recent decision in CCP Graduate School Ltd v National Westminster Bank plc and another [2024] EWHC 581 (KB), demonstrates how Claimants are repositioning claims against banks arising from authorised push payment (APP) fraud from breach of Quincecare duty claims to so-called “retrieval duty” claims.To date, the Courts have been reluctant to strike out such claims on a summary basis allowing them to proceed to trial. It is therefore likely that claimants will continue to frame claims against banks on this basis until the Courts determine the substantive merits of such claims.APP fraud...

  Leer más
•  

  17/04/2024

  Hungría

  Hungary proposes widening scope of financial entities under DORA Regulation

  On 10 April 2024, the Hungarian Parliament adopted a new law on the detailed rules implementing the DORA Regulation – Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector (Digital Operational Resilience Act – DORA). The following article summarises the main differences between the scope of DORA and the Implementing Law.Scope of DORA in generalDORA lays down uniform requirements concerning the security of network and information systems supporting the business processes of financial entities...

  Leer más
•  

  08/04/2024

  Hungría

  Hungary proposes ex-ante competition tool to regulate essential companies

  On 2 April 2024, the Hungarian Ministry of Justice submitted an omnibus act to the Hungarian parliament proposing the amendment of several Hungarian laws, including the Competition Act. This Proposal’s most noteworthy element is – based on the German example – expanding the Hungarian Competition Authority’s (HCA) toolbox by introducing a new ex-ante regime enabling the HCA to impose obligations on certain companies without first having to demonstrate a violation of the law.This following article summarises the Proposal’s new rules, potential consequences and next steps.PROPOSED...

  Leer más
•  

  08/04/2024

  Ukraine

  Ukraine discontinues War and Sanctions Portal

  Following a governmental discussion on 19 March 2024, the Ukrainian government announced its decision to shut down a sanctions-related database maintained by the National Agency on Corruption Prevention (NACP).This database, the “War & Sanction Portal”, was created in the first days of Russia's full-scale invasion of Ukraine as part of the implementation of the sanctions plan against Russia (i.e. the Individual Sanctions Roadmap) of the Yermak-McFaul Sanctions Group.Starting with the "International Sponsors of War" section, the Portal was expanded to include additional segments...

  Leer más
•  

  03/04/2024

  Luxemburgo

  Modernisation of the Luxembourg law on the insurance sector: what’s new and how does it impact the insurance secrecy regime?

  On 2 April 2024, the law of 29 March 2024 modernising the Luxembourg insurance sector was published in the Official Journal of the Grand Duchy of Luxembourg (the “Law”). The Law will enter into force and start applying as from 6 April 2024.General OverviewThe Law aims at (i) implementing Directive (EU) 2021/2118 of 24 November 2021 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability and (ii) amending several laws, notably the law of 7 December 2015 on the insurance sector, as amended...

  Leer más
•  

  03/04/2024

  Ucrania

  Register of Damage for Ukraine is open for claims submission

  On 2 April 2024, the Register of Damage for Ukraine opened the claims submission process for compensation for damage, loss or injury caused by Russian aggression against Ukraine. The launch took place as part of the Ministerial Conference "Restoring Justice for Ukraine" co-hosted by the Netherlands, Ukraine and the European Commission at the World Forum in The Hague.As a reminder, the official website of the Register of Damage for Ukraine was launched on 4 March 2024. The website contains the following:documents governing the work of the Register;answers to frequently asked questions on the Register’s...

  Leer más