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There's a new way for UK businesses to transfer personal data compliantly to the US. A newly established data bridge, an extension to the EU-US Data Privacy Framework (DPF) adopted in July 2023, enables organisations in the UK to transfer personal data to organisations in the US that have certified to the DPF, without putting in place further safeguards, such as standard contractual clauses (SCCs), or carrying out a transfer risk assessment.

As many companies take the first steps towards understanding the impact of the Corporate Sustainability Reporting Directive ("CSRD") on their organisations, a series of seemingly impactful changes to the regime, and corresponding alarming headlines, have emerged. However, while these changes and headlines might make businesses worry that they will need to pivot their plans and processes as a reaction, in practice, many of those currently preparing for CSRD reporting may find that recent developments do not move the dial significantly and they may well still be on the right path towards CSRD compliance.

The EU continues to pursue a rapid and ambitious legislative programme around environmental regulation. Its regulations in the product space have in many respects and for many years been viewed by multinational manufacturers as the "gold standard" and therefore the de facto rules to which all products destined for international sales must adhere.

A regular briefing for the alternative asset management industry. 

Data is often described as AI's "lifeblood" but there's widespread concern about personal data being unlawfully exploited or processed using AI tools. While the future approach to regulation of AI is still being heavily debated, existing data protection legislation, such as the GDPR and its UK equivalent, is likely to play an influential role – not least because regulators already have powers which they can use to oversee the new technology.

On 2 October 2023, the European Securities and Markets Authority (ESMA) published a trends, risks and vulnerabilities (TRV) risk analysis report on ESG names and claims in the EU fund industry (the report). While undoubtedly of interest, it should be noted that this is not the reply to ESMA's 2022 fund names consultation – we are still waiting for that (see below for details).

The UK Government is consulting on further changes to consumer protection law, including measures to tackle hidden fees, drip pricing and fake reviews, which have particular relevance for online businesses. As we explain below, the consultation also covers online platforms, the ability for consumers to claim damages for unfair practices and measures which are also relevant to bricks and mortar retailers, including rules on unit pricing and price promotions.

A regular briefing for the alternative asset management industry. 

Welcome to the first edition of the Travers Smith Outsourcing Spotlight. This issue highlights a number of hot topics, including the impact of AI on outsourcing, changes to the UK's regimes for data protection and cybersecurity and proposed reforms to UK employment law, including TUPE.

The Financial Conduct Authority (FCA) has issued CP23/20: Diversity and inclusion in the financial sector which sets out its long-awaited proposals to introduce a new regulatory framework on Diversity and Inclusion (D&I) in the financial sector.

The abolishment of ground rent in residential long leases comes as part of a package of Government reforms designed to curtail unfair practices in the leasehold market, which we explored in our previous briefing. From 1 April 2023,[1] this applies to all new leases granted with a term of more than 21 years in the senior living sector, though will not impact existing ones. The changes, brought about by the Leasehold Reform (Ground Rent) Act 2022 (the Act), have necessitated developers, investors and owners of retirement housing reforming their existing leasehold structures, which have typically relied upon ground rent as a way to recoup the enlarged capital costs of constructing enhanced communal spaces within retirement schemes.

The European Commission has issued a Targeted Consultation and a Public Consultation on the implementation of the Sustainable Finance Disclosure Regulation (SFDR).  The Consultations include a series of questions on the practical functioning of the SFDR and its possible reform. The EU appears to have recognised that the SFDR is not as user-friendly as it had hoped and is seeking to assess its potential shortcomings and explore potential changes. 

Key employment and business immigration developments for employers.

In this video, Employment Knowledge Counsel Adam Rice and Anna West take a look at forthcoming developments in employment and immigration law for the rest of 2023 and beyond.

A regular briefing for the alternative asset management industry. 

The FCA has issued its near final rules (PS23/13) on its new regime for firms seeking to approve financial promotions. This takes effect on 7 February 2024.

A regular briefing for the alternative asset management industry. 

The US Securities and Exchange Commission (the "SEC") has recently adopted new rules under the Investment Advisers Act of 1940 (the “Advisers Act”) (together, the “New Rules”), based on a set of proposals originally set out in February 2022 (the “Original Proposals”).

Read and listen to "What’s Happening in Pensions", our regular news briefing covering topical pensions law developments.

A regular briefing for the alternative asset management industry.