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ESG and sustainability issues continue to be a priority for policy makers and regulators globally. The impact of the Ukraine conflict on energy policy and the recent publication of the IPCC's (Intergovernmental Panel on Climate Change) "state of the union" report on the slender window we have to take action in order to meet our climate targets both highlight the scale of the global challenge we face on climate issues.
The UK Government has announced that new border controls on imports from the EU scheduled for July 2022 are being postponed. In the short term, many (but not all) businesses are likely to welcome this move, as it reduces the risk of disruption to supply chains and will ease cost pressures.
The European Commission published a draft Data Act on 23 February 2022 ("Data Act"), as part of the implementation of its February 2020 strategy for data. This proposed regulation, which will have direct effect in members states, is intended to set standards at an EU-wide level to facilitate and create a fairer, more competitive digital environment for the sharing and re-use of data (both personal and non-personal). This briefing looks at who the Data Act impacts, what it does and how it fits into the EU's vision for a single European market for data.
In pursuit of its commitment to prevent all avoidable plastic waste by the end of 2042, the UK Government has recently begun to impose a tax on the manufacture and import of significant volumes of plastic packaging which does not contain a minimum amount of recycled content. The aim of the tax is to increase demand for recycled plastics, creating an incentive to collect and recycle plastic waste and divert it away from landfill and incineration.
Following lengthy debate, the Government has published details of the way in which it will reform the UK competition law landscape. However, with many aspects requiring legislative change, it is as yet unclear when these will be given teeth. Our briefing discusses the key changes to the merger, markets and competition law regimes. We will comment separately on the overhaul of the consumer law regime.
The Russian invasion of Ukraine presents issues for pension scheme trustees to consider. Alongside clear implications regarding investments and the need to comply with sanctions, these may include questions about covenant, funding, cyber security and scam risks.
This briefing addresses the issues most likely to arise, some of which are also noted by the Pensions Regulator in its guidance.
A guide to future employment and immigration law.
The High Court has recently rejected an attempt by British Sugar to challenge aspects of the UK's post-Brexit sugar tariffs on the basis that they amounted to an illegal subsidy to its competitor, Tate & Lyle. In this briefing, we look at the wider implications of the ruling for the UK's post-Brexit state aid and tariff regimes.
With COP 26 still fresh in the memories of lawmakers, and both the European Green Deal and UK Government's 'Net Zero Strategy' setting the goal of being climate-neutral by 2050, it is no surprise that competition law is having to examine its interaction with the environmental, social and governance (ESG) agenda.
A regular briefing for the alternative asset management industry.
The Chancellor delivered his Spring Statement on 23 March 2022. Mr Sunak attempted to strike the difficult balance between delivering measures which will ameliorate the current cost of living crisis at a time when economic uncertainty and increased security spending as a result of the war in Ukraine is adversely affecting the public purse.
As we have previously reported, many commercial landlords and tenants have had discussions about the extent to which they can comply with their leasehold obligations during the Covid-19 pandemic. The UK Government put in place a number of protective measures for tenants over the course of the past two years.
On 15 March 2022, the Economic Crime (Transparency and Enforcement) Bill (the "Bill") received Royal Assent, and is now known as the Economic Crime (Transparency and Enforcement) Act 2022 (the "Act"). As explained in our recent briefing on the Bill, the Act introduces a register of beneficial ownership information for overseas entities that own or buy UK property ("the Register"), as part of the government's package of sanctions against Russia and in order to progress its longer-term strategy of combatting economic crime.
On 15 March 2022, the UK's new Economic Crime (Transparency and Enforcement) Act (the "ECA") received Royal Assent. The legislation contains a number of important provisions, including the introduction of a new 'Register of Overseas Entities' and reforms to unexplained wealth orders.
In a bid to bolster its attractiveness to the asset management sector, the UK is introducing a new tax efficient vehicle: the qualifying asset holding company (“QAHC”, pronounced “quack”). The elective regime will be introduced in April 2022 and, by providing a simplified basis of taxation and a host of generous tax benefits, should allow the UK to compete with Luxembourg and other competitor jurisdictions.
A regular briefing for the alternative asset management industry.
At the end of last month BEIS published non-binding guidance for large companies and LLPs on the obligation to make climate-related financial disclosures in their annual accounts. In-scope entities will have to prepare for the new obligations and ensure that their governance structure and financial planning and reporting processes are fit for purpose.
The European Commission recently unveiled its long-awaited proposal for a directive on corporate sustainability due diligence, which is designed to tackle human rights and environmental impacts across value chains (the "CSDD").