Summary

• The New EU SCCs will come into force on 27 June 2021 and data exporters subject to GDPR will have until 27 December 2022 to transition their existing arrangements to the new clauses.
  
  
• They are modular in approach and cover the following scenarios: C to C; C to P; P to P; P to C, with some general clauses applying to all the scenarios, and some tailored to each scenario.
  
  
• They will require the parties to carry out a Schrems II-style transfer impact assessment in respect of the local laws and practices of the destination country, but there is some flexibility for the parties to use their judgement based on the nature of the data transfer and their practical experience.
  
  
• They will increase the compliance and accountability burden, GDPR-style, on data importers which previously might not have been used to such measures.
  
  
• The new clauses are an improvement in some ways (particularly in terms of providing specifically for P-P transfers (a major gap in the old clauses)) and by incorporating Article 28 wording such that, when using the C-P module, the parties do not also have to enter into an Article 28-style DPA. However, the new SCCs do not improve the current duty on data exporters to consider where local laws may impact on the importer's ability to comply with the contract and the rather impossible obligation to then take some sort of corresponding action to address that.

Senior Partner Kathleen Russ was interviewed by Globe Law and Business in a special report on law firm management, on the lessons she has learned throughout her impressive career as a tax lawyer and senior partner. Kath was interviewed alongside other notable legal figures, including: Olayemi Anyanechi Founder and Managing Partner, Sefton Fross, Rafael Fontana Senior Partner, Cuatrecasas, and Aku Sorainen Founder and Senior Partner, Sorainen. 

On 16 June 2021, the UK Committee on Climate Change ('CCC') issued its third report on the state of the UK's preparedness for the risks and opportunities of climate change impacts. "Climate change adaptation", changes that allow us to prepare for and live with the inevitable impacts of climate change, is recognised as, in some respects, as important as climate change mitigation, or actions to reduce the scale and speed of climate change itself.

In the second of a series of articles looking at how Brexit is working out for the UK, we discuss tariff reductions that took effect on 1 January 2021. Which sectors benefit, what will be the wider impact and what more could be done?

The UK Government has announced a further extension to certain protective measures for businesses which are currently in place in response to the COVID-19 pandemic.

It is no longer news by now that after 35 years as a mainstay of the financial markets, LIBOR is to be discontinued, with the majority of tenors and currencies scheduled to be published for the last time on 31 December 2021.

In addition to COVID-19, climate change was one of the headline issues at the G7 summit in Cornwall over the weekend of 11-13 June 2021. The leaders of some of the world's richest nations, whose average carbon footprint per person is thought to be double the global average (triple for the US and Canada), made several climate-focused pledges, but critics claim that the detail of how to achieve them, and the finance needed to do so, were both missing.

The synergies between competition law compliance and data protection compliance are becoming more pronounced, even more so since the UK Information Commissioner's Office (ICO) and the Competition and Markets Authority (CMA) recently set out their blueprint for co-operation in digital markets.

Share plan annual returns for the 2020/21 tax year need to be filed by 6 July.

A regular briefing for the alternative asset management industry. 

Earlier this week, the government published a consultation on a new power to enable the National Security Council to block UK public listings on national security grounds. This follows concerns first highlighted in its 2019 Economic Crime Plan that there are remote but possible scenarios in which a company listing in the UK could present a risk to the nation’s security; the subsequent Hill review and the further announcement that the government intended to bring forward this precautionary power (please see the timeline below for further details). It is intended that the new power will sit alongside existing protections and safeguards in place in the UK under the anti-money laundering and sanction framework.

This weekend the G7 finance ministers announced an agreed position on significant reforms to global taxation.

Following the launch in November 2020 of its investigation into potentially misleading environmental claims targeting consumers, the Competition and Markets Authority (CMA) has published draft consumer protection law guidance aimed at all businesses making such claims.

In the years leading up to Brexit, both the UK and the European Union had been busy developing sustainability policy and legislation. Now the UK has left the EU, it remains committed to being at the forefront of the sustainable finance agenda.

The government is consulting on the design of a new tax, on residential property developers to help fund the removal of unsafe cladding following the Grenfell Tower fire tragedy. The idea is to raise at least £2bn over a decade.

There was good news for landlords recently, as the government announced amendments to Finance Bill 2021 to enable background plant and machinery in leased buildings to qualify for a super-deduction or an SR allowance.

For many years the High Court in London has been a favoured forum for resolving disputes arising in Russia, particularly those involving oligarchs.

A regular briefing for the alternative asset management industry. 

Welcome to the fourth edition of our quarterly disputes newsletter, which covers key developments in the dispute resolution sphere over the last three months or so.