by Miltiadis Gkouzouris

Following several fines imposed by national regulatory authorities on banks such as ING and ABN Amro, the systemic banks started a KYC-race (Know Your Customer) to investigate “suspicious” transactions by looking into the history of account holders and shareholders of companies, the private expenses and possessions of shareholders and even the backgrounds of company’s clients. In this race, the banks have hired hundreds of controllers, who are equipped with a very menacing weapon, namely that of being able to block a company’s corporate bank account or even terminate the relationship.
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The European Securities and Markets Authority, the EU’s securities markets regulator, recently published advice to the European Commission related to data reporting service providers (DRSP). The advice focuses on the fees, fines and penalties applicable to DRSPs subject to EU supervision as well as the criteria determining whether certain DRSPs may be exempted from ESMA supervision (derogation criteria). It aims to provide a simple and clear framework by leveraging on the existing frameworks for Trade Repositories and Securitisation Repositories and by streamlining the approach for the assessment of the derogation criteria. Following the ESAs’ Review, authorisation and supervision of authorised reporting mechanisms (ARMs) and approved publication arrangements (APAs) will transfer from competent authorities to ESMA. Continue reading…

The European Commission has approved the prolongation of an existing Greek scheme aiming at supporting the reduction of non-performing loans of Greek banks on the basis that it remains free of any State aid. The existing asset protection scheme (known by the name of ‘Hercules’), was approved by the Commission in October 2019, for an initial duration of 18 months. Greece notified the Commission of its plan to prolong the scheme for another 18 months, until October 2022.
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by František Nonnemann

European Union member states are obliged to transpose the Directive on the protection of persons who report breaches of Union into law by 17th December 2021. It will be the first general whistleblowing regulation in many member states and, therefore, relevant case law will be very important for interpretation. The European Court of Human Rights (ECHR) recently ruled over a whistleblowing case connected with the publication of the suspicions made by the employee. This decision sums-up six crucial principles for whistleblower protection, respectively for the whole whistleblowing process. The question of whether and when the whistleblower is obliged to use internal whistleblowing channels, and the obligation of the whistleblower to verify his/her suspicions as much as possible prior to the publication of the suspicious notice were examined. Continue reading…

The campaign, ‘In confidence, with confidence’, encourages individuals working in financial services to report potential wrongdoing to the Financial Conduct Authority (FCA), and reminds them of the confidentiality processes in place. As part of the campaign, the FCA has published materials for firms to share with employees, as well as using its events to highlight the campaign. It has also produced a digital toolkit for industry bodies, consumer groups and whistleblowing groups to encourage individuals to have confidence to step forward. Whistleblowers that report to the FCA will have a dedicated case manager. They can meet with the FCA to discuss their concerns and can receive optional regular updates throughout the investigation. Every report the FCA receives is reviewed and the FCA will protect individual whistleblowers’ identities.  Continue reading…

Modern organisations now realise that cybersecurity is a crucial concern. Cyberattacks have grown in frequency and sophistication, with 3,813 data breaches reported in the first half of 2019, which was an increase of 54% over the previous year. And in light of COVID-19-related changes in workforce structure and an unplanned shift to remote work environments that might not be supported with the right infrastructure, companies became even more vulnerable to attack in 2020. While enterprises know that cybersecurity protection is essential to safeguard their companies, many envision cybersecurity protocols as a compliance-focused approach to address industry and governmental regulations, rather than looking at them from a risk analysis level. Continue reading…

EU Commissioner Didier Reynders recently spoke at the 2021 Transatlantic Conference. The participation of President Biden to the European Council showed how deep the alliance between the European Union and the United States is. We have a common willingness to work together to address the key challenges of our times: from the pandemic to the green transition. The recent visit of US Special Presidential Envoy for Climate, John Kerry, was a chance to discuss how to achieve our common objectives of a greener and cleaner future for all citizens. The U.S. trillion dollar recovery package focuses on green investment. It has similar priorities to the prior established European Green Deal. The digital transition requires the same commitment.
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The European Union Intellectual Property Office (EUIPO) and the European Union Agency for Criminal Justice Cooperation (Eurojust) are stepping up their cooperation to more effectively tackle criminal abuse of intellectual property rights in the field of counterfeiting and online piracy. A Service Level Agreement (SLA) was signed to boost Eurojust’s capacity and expand its expertise to support complex investigations in this field. As intellectual property (IP) crime is increasingly considered linked to organised crime and part of other serious criminal offences, it has become essential to intensify the fight against IP infringements, notably in the online environment. In the context of the COVID-19 pandemic, in which the problem of counterfeiting and piracy has gained new momentum with the illegal production and distribution of fake protective equipment and face masks, tackling IP crime is key to protect consumers and preserve a healthy economy and support the recovery of legitimate businesses, notably creative and innovative ones. Continue reading…

Using the cross-system customer index from TOLERANT Software, companies can check in seconds whether they know a person making a request and in which systems data on this person might be stored. The customer index helps them to comply with their duty to provide information on data protection requests.  Continue reading…