On September 28, the Commission adopted two proposals to adapt liability rules to the digital age, circular economy and the impact of global value chains. Firstly, it proposes to modernise the existing rules on the strict liability of manufacturers for defective products (from smart technology to pharmaceuticals). The revised rules will give businesses legal certainty so they can invest in new and innovative products and will ensure that victims can get fair compensation when defective products, including digital and refurbished products, cause harm. Secondly, the Commission proposes for the first time a targeted harmonisation of national liability rules for AI, making it easier for victims of AI-related damage to get compensation. Continue reading…

On September 28, President von der Leyen made a statement on a new package of restrictive measures against Russia. We wanted to present together the eighth package of sanctions. Last week, Russia has escalated the invasion of Ukraine to a new level. The sham referenda organised in the territories that Russia occupied are an illegal attempt to grab land and to change international borders by force. The mobilisation and Putin’s threat to use nuclear weapons are further steps on the escalation path. We do not accept the sham referenda nor any kind of annexation in Ukraine. And we are determined to make the Kremlin pay for this further escalation. So today, we are together proposing a new package of biting sanctions against Russia. Continue reading…

by Michel Klompmaker

We recently spoke in the Amsterdam office of Nixu Corporation with the new CEO Teemu Salmi, also a Nasdaq Helsinki-listed international player in the field of cybersecurity. Nixu is a household name and absolute market leader in the mother country of Finland and now desires to grow further, including in the Benelux. Firstly, let’s provide some background on Nixu and its new CEO. Nixu is not a software supplier, but a cybersecurity services company with the mission to protect businesses against cyber attacks, so that business continuity is and remains assured. Continue reading…

Supported by Eurojust and Europol, judicial and law enforcement authorities in Austria, Belgium, Germany, France, Italy and the United States dismantled a criminal network involved in migrant smuggling, document fraud and money laundering. The migrants, mainly Iraqi and Iranian of Kurdish origin, boarded private aircrafts in Türkiye carrying false diplomatic passports. However, the official destinations of the trips (usually the Caribbean) were never reached. During the stopovers at different European airports, including in Austria, France and Germany, the migrants left the plane, disposed of their false passports and systematically applied for asylum. The suspects charged up to EUR 20 000 per smuggled person. Continue reading…

The European Central Bank (ECB) has on 19 September published further details on how it aims to gradually decarbonise the corporate bond holdings in its monetary policy portfolios, on a path aligned with the goals of the Paris Agreement. One goal is to reduce the Eurosystem’s exposure to climate-related financial risk, following the Governing Council’s July 2022 decision to tilt the Eurosystem’s corporate bond purchases towards issuers with a better climate performance. Furthermore, these measures support the green transition of the economy in line with the EU’s climate neutrality objectives. Continue reading…

The Financial Conduct Authority (FCA) has on 21 September set out a range of recommendations and other potential remedies designed to give leaseholders greater protections from high prices and ensure the buildings insurance market operates better for leaseholders. Since the Grenfell tragedy leaseholders have been faced with substantially increased costs of insurance. In light of this, the FCA was asked to carry out a review into the market for multiple-occupancy residential buildings insurance and explore ways to provide better value cover for leaseholders.  Continue reading…

by Nigel Cannings

Financial Institutions that fall foul of compliance regulations were fined $2.7 billion in 2021 globally, according to Forbes. This included violations of Anti-Money Laundering (AML) rules, Know Your Customer (KYC) checks and operating guidelines. As financial regulation increases to ensure the safety and security of the financial system and to protect consumers, financial institutions must consider how they can best protect themselves from compliance-related fines. Continue reading…

On 19 September, the Commission is presenting the new Single Market Emergency Instrument (SMEI). This crisis governance framework aims to preserve the free movement of goods, services and persons and the availability of essential goods and services in the event of future emergencies, to the benefit of citizens and businesses across the EU. While the Single Market has proven to be our best asset in crisis management, the COVID-19 pandemic has highlighted structural shortcomings hampering the EU’s ability to effectively respond to emergency situations in a coordinated manner. Unilateral measures caused fragmentation, worsening the crisis and affecting particularly SMEs. Continue reading…

The three European Supervisory Authorities (EBA, EIOPA and ESMA – ESAs) have on 12 September issued their Autumn 2022 joint risk report. The report highlights that the deteriorating economic outlook, high inflation and rising energy prices have increased vulnerabilities across the financial sectors. The ESAs advise national supervisors, financial institutions and market participants to prepare for challenges ahead. Continue reading…

The Bank for International Settlements’ Committee on Payments and Market Infrastructures (CPMI) and the International Organisation of Securities Commissions (IOSCO) have on 8 September published the report Client clearing: access and portability, which aims to increase common understanding of new access models that enable clients to directly access CCP services, and of effective porting, or transferring, practices for their positions. The client clearing process facilitates access to CCPs, particularly for firms – known as ‘clients’ – that are not direct participants in a CCP and must rely on intermediaries to indirectly clear their trades. Since some entities cannot, or choose not to, directly participate in a CCP, improving access to client clearing is critical to the success of the G20’s objective to have all standardised over-the-counter derivatives contracts cleared through CCPs. Continue reading…