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Data protection rules as a trust-enabler in the EU and beyond – taking stock

30 July 2019
Knowledge Base

The General Data Protection Regulation (hereafter ‘the Regulation’) applies across the European Union since over one year. It is at the centre of a coherent and modernised EU data protection landscape that also includes the Data Protection Law Enforcement Directive and the Data Protection Regulation for EU institutions and bodies. This framework is to be completed by the e-Privacy Regulation which is currently in the legislative process.

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Further details of Independent Investigation into London Capital and Finance announced

29 July 2019

Dame Elizabeth Gloster, has made a first announcement of how she will conduct the investigation into the relevant events relating to the regulation of London Capital & Finance plc. She aims to engage with bondholders, professional organisations and other interested parties in an organised and structured way so that she can address the issues which are relevant to her investigation.  
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Further details of Independent Investigation into London Capital and Finance announced

26 July 2019

Dame Elizabeth Gloster, has made a first announcement of how she will conduct the investigation into the relevant events relating to the regulation of London Capital & Finance plc. Dame Elizabeth aims to engage with bondholders, professional organisations and other interested parties in an organised and structured way so that she can address the issues which are relevant to her investigation.
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FTC Imposes $5 Billion Penalty and Sweeping New Privacy Restrictions on Facebook

25 July 2019

Facebook, Inc. will pay a record-breaking $5 billion penalty, and submit to new restrictions and a modified corporate structure that will hold the company accountable for the decisions it makes about its users’ privacy, to settle Federal Trade Commission charges that the company violated a 2012 FTC order by deceiving users about their ability to control the privacy of their personal information. Highest Penalties in Privacy Enforcement Actions – $148 million States vs. Uber, $230 million British Authority vs. British Airways (proposed), $275 million CFPB and States vs. Equifax, $5 billion FTC vs. Facebook. Source: Federal Trade Commission. FTC.govThe $5 billion penalty against Facebook is the largest ever imposed on any company for violating consumers’ privacy and almost 20 times greater than the largest privacy or data security penalty ever imposed worldwide. It is one of the largest penalties ever assessed by the U.S. government for any violation.
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EBA publishes Report on regulatory perimeter, regulatory status and authorisation approaches in relation to FinTech activities

24 July 2019
Knowledge Base

The European Banking Authority (EBA) published the findings of its analysis on the regulatory framework applicable to FinTech firms when accessing the market. The Report illustrates the developments on the regulatory perimeter across the EU, the regulatory status of FinTech firms, and the approaches followed by competent authorities when granting authorisation for banking and payment services.
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Federal bank regulatory agencies announce coordination of reviews for certain foreign funds under Volcker Rule

23 July 2019

The Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency announced that they will not take action related to restrictions under the Volcker Rule for certain foreign funds for an additional two years. The three federal banking regulatory agencies have consulted with the staffs of the Securities and Exchange Commission and the Commodity Futures Trading Commission regarding this matter.
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Former Unaoil executive pleads guilty to conspiracy to give corrupt payments

22 July 2019

Basil Al Jarah, 70 year citizen from Hull, Unaoil’s former partner in Iraq, pleaded guilty on 15 July 2019 to five offences of conspiracy to give corrupt payments in connection with the SFO’s investigation into Unaoil. The offences relate to the award of contracts to supply and install single point moorings and oil pipelines in southern Iraq.  A court order restricting reporting of the plea was lifted.
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ESMA advises on credit rating sustainability issues and sets disclosure requirements

19 July 2019

The European Securities and Markets Authority (ESMA), the EU’s securities markets’ regulator, has published its technical advice on sustainability considerations in the credit rating market and its final guidelines on disclosure requirements applicable to credit ratings. ESMA, in its advice, has assessed the level of consideration of Environmental, Social and Governance (ESG) factors in both specific credit rating actions, and the credit rating market in general. It found that, while credit rating agencies (CRAs) are considering ESG factors in their ratings, the extent of their consideration can vary significantly across asset classes, according to each CRA’s methodology.
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