On September 28, 2022, the European Commission published its long-promised proposal for an AI Liability Directive. The draft Directive is intended to complement the EU AI Act, which the EU’s institutions are still negotiating. In parallel, the European Commission also published its proposal to update the EU’s 1985 Product Liability Directive. If adopted, the proposals
October 2022
EU Adopts Digital Services Act
On October 4, 2022, the EU adopted the Digital Services Act (“DSA”), which imposes new rules on providers of intermediary services (e.g., cloud services, file-sharing services, search engines, social networks and online marketplaces). The DSA will enter into force on November 16, 2022 — although it will only fully apply as of February 17, 2024. …
European Commission publishes its Proposal for a European Media Freedom Act
On September 16, 2022, the European Commission published its Proposal for a European Media Freedom Act (“Proposed MFA”). The Proposed MFA is broadly designed to protect media pluralism and independence in the EU. It does so by setting a common set of rules “for all EU media players,” in particular, providers of “media services.” The…
The Digital Markets Act for Privacy Professionals
This post is the first of a series of blog posts about the Digital Markets Act (“DMA”), which was adopted on July 18, 2022, and it deals specifically with those provisions of the DMA that are relevant to organizations’ privacy programs.…
EPA Provides Guidance Regarding Novel Antimicrobial Pesticides and Seeks Comment on Indoor Air Quality Issues
The U.S. Environmental Protection Agency (“EPA”) recently made two announcements regarding antimicrobial pesticides. First, EPA released guidance regarding residual efficacy claims for antimicrobials applied to surfaces. Second, EPA announced that it has registered the first product approved to make claims to kill viruses in the air. EPA has also sought comment on strategies…
EU Emergency Action on Energy
On 6 October 2022, the Council of the European Union adopted a Regulation on an emergency intervention to address high energy prices (the “Regulation”). The Regulation was published in the Official Journal of the European Union on 7 October. The Regulation has three main elements:
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Changes on the European chessboard
By Jean De Ruyt
Russia is no longer a partner of the European Union; Ukraine has been accepted as a candidate member; the United States supply weapons and advanced intelligence to an ex-Soviet Union member; NATO is back on the front stage; the UK and Turkey are part of a new ‘European Political Community’… Nobody, a year ago, could…
U.S. House of Representatives Passes Antitrust Legislative Package
On September 29, 2022, the U.S. House of Representatives passed a package of three antitrust bills (H.R. 3843) by a vote of 242-184. The package includes: (1) the Merger Filing Fee Modernization Act; (2) the Foreign Merger Subsidy Disclosure Act; and (3) the State Antitrust Enforcement Venue Act.
The Merger Filing Fee Modernization Act updates…
IRS issues notices requesting comments on IRA clean energy tax credits
On October 5, 2022, the Treasury Department and the IRS issued notices requesting comments on different aspects of the energy tax benefits in the Inflation Reduction Act (“IRA”). All comments are due by Friday, November 4, either electronically on www.regulations.gov or alternatively by mail to the IRS. Written comments submitted after that date will be…
EPA to Streamline the Review Process for Certain EV and Clean Energy Chemicals
On October 5, 2022, the U.S. Environmental Protection Agency (“EPA”) announced its plan to streamline the typical review process for Mixed Metal Oxides (“MMOs”), including certain cathode active materials, which are key components in electric vehicles’ lithium-ion batteries, as well as clean energy generation and storage technology, including wind turbines and solar cells. MMOs can…