On January 30, 2021, the European Commission published the Regulation establishing an export authorization and notification scheme relating to COVID-19 vaccines and their active substances. It applies “for a limited duration” to COVID-19 vaccines covered by Advanced Purchased Agreements (“APAs”) concluded with the Union. As regards APAs contracted by third countries, “the Commission will endeavour
January 2021
IRS Issues Guidance on Implementation of Expanded Employee Retention Credit
As described in our previous post, on December 21, 2020, another round of COVID relief legislation was passed, providing an enhanced employee retention credit (“ERC”) with various new features and greater benefit amounts. The legislation was subsequently enacted when President Trump signed the law on December 27. On January 26, the IRS issued a…
Significant Revamp of German FDI Regime – German Government Presents New Rules on FDI Screening
On 22 January 2021 the German Ministry for Economic Affairs and Energy (“BMWi”) published a draft for the 17th amendment (“Draft Amendment”) of the Foreign Trade and Payments Ordinance (“AWV”). While the Draft Amendment remains subject to comments and further consultation, it already provides early guidance on sectors that may come under close Foreign Direct…
Inside Privacy Audiocast: Episode 10 – Data Privacy Day 2021: Trends to Watch
On this special tenth episode of our Inside Privacy Audiocast, we celebrate Data Privacy Day 2021. Join Dan Cooper and Kurt Wimmer as they discuss the key global data privacy developments in 2020 and trends to look out for in 2021.
Covington’s Inside Privacy Audiocast offers insights into topical global privacy issues and trends. Subscribe…
Top Issues to Watch in Africa: 2021
Can African governments head off a sustained spike in the spread of COVID-19 and recover economically in 2021? How will the Biden administration engage the continent? Will companies implement more effective due diligence efforts in their supply chains to prevent human rights abuses? What impact will efforts to battle corruption and mitigate climate change have…
The CJEU provides guidance on the end date in case of a bid-rigging cartel
Introduction
In its preliminary ruling of 14 January 2021, the Court of Justice of the European Union (“CJEU”) clarified that the duration of an infringement in the case of bid rigging ends once the essential characteristics of the public tender are determined – which in practice likely means at the signing date of the contract…
Germany Publishes New Draft Rules for Cookies and Similar Technologies
On January 12, 2021, the German Ministry for the Economy and Energy released a new draft Law on Data Protection and the Protection of Privacy in Telecommunications and Telemedia (“TTDSG” or “draft law”). If enacted, the draft law will replace the existing data protection and privacy provisions of Germany’s Telemedia Act and Telecommunications Act (“Telemedia…
Spanish Supervisory Authority Issues Guidance on Auditing Data Processing Activities Involving Artificial Intelligence
On January 12, 2020, the Spanish Supervisory Authority (“AEPD”) issued guidance on how to audit personal data processing activities that involve Artificial Intelligence (“AI”) (available here, in Spanish). The AEPD’s guidance is directed at data controllers and processors, as well as AI developers, data protection officers (“DPO”), and auditors. The guidance aims to help…
FTC Reaches Settlement with Tapjoy for Allegedly Deceiving Consumers About In-Game Rewards
On January 7, the Federal Trade Commission (“FTC”) reached a proposed settlement with Tapjoy, a California-based company that operates an advertising platform within mobile gaming applications. According to its complaint, the FTC alleges that Tapjoy deceived consumers by failing to provide in-game rewards it promised for completing actions associated with third-party advertisements.…
Germany: The wind of change – Substantial competition law amendments
On 19 January 2021, the 10th amendment of the German Act against Restraints of Competition (“ARC”), the so-called ARC Digitisation Act (the “ARC-DA”) entered into force. The ARC-DA brings far-reaching amendments to German competition law, containing inter alia
- the introduction of a new framework to intervene in the digital sector and a revision of the
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