Knowledge

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Situation critical: Proposed new rules to regulate Critical Third Parties

Following the entry into force of the Financial Services and Markets Act 2023 ("FSMA 2023"), the Bank of England, FCA and PRA (the "Regulators") are consulting on new rules and a joint Supervisory Statement on their new powers to regulate critical third parties ("CTPs") which are designated by HM Treasury because of their systemic importance to authorised firms and financial market infrastructures ("FMIs"). This significant expansion of the Regulators' supervisory remits will usher in an entirely new era for CTPs, which (including those that are not based or even incorporated in the UK) will need to comply with a range of rules on governance, operational continuity and regulatory engagement as well as other areas.  

The EU Data Act has come into force - scoping the impact for data holders

The EU Data Act (EDA), which sets out new data sharing rules that will apply in respect of connected products, came into force on 11 January 2024. While its provisions will not be applicable for a while yet, businesses are likely to need the intervening period to scope out, and plan for, the impact that the EDA will have on their product designs, commercially sensitive information, terms and conditions, costs and GDPR compliance.

Sustainability Disclosure Requirements (SDR) and investment labels: the new rules

Introduction

SDR is widely seen as the UK's answer to the EU Sustainable Finance Disclosure Regulation (SFDR), which is currently under review by the European Commission (in fact, we understand that the Commission has an eye on SDR as part of that review). While narrower in scope than SFDR in some respects, it goes further in others insofar as it provides for a set of formal product labels and imposes minimum standards for labelled­ products and non-labelled products that have ESG-related terms in their names (although some will already be familiar with the FCA's ‘Guiding Principles’ for authorised ESG and sustainable investment funds, which sets out expectations in terms of design, delivery and disclosure in relation to such funds).

The Energy Act 2023: a brave new world?

On 26 October 2023, the UK's Energy Act 2023 (the "Act") received Royal Assent, becoming one of the largest pieces of energy legislation in a generation. The Act was originally introduced in July 2022 by then Energy Secretary Kwasi Kwarteng as the 'Energy Security Bill'. The Energy Security Bill was reviewed following the resignation of Boris Johnson and Liz Truss before being re-tabled to the House of Lords on 12 December 2022 under its new name, the Energy Act.

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