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Financial crime prevention
protection regime meets EU standards according to draft adequacy decisions
European Commission has concluded that the UK ensures an essentially equivalent
level of protection to the one guaranteed under the EU GDPR, Regulation (EU) 2016/679 and under Directive 2016/680/EU, the Law Enforcement
Directive. The publication of the draft decisions is the beginning of a process
towards their adoption. Next steps include the Commission obtaining a
non-binding opinion of the European Data Protection Board and, after taking
that into account, requesting approval from Member States’ representatives in the
so-called 'comitology procedure'. Following that, the Commission may adopt the
final adequacy decisions for the UK.
See: LNB News 19/02/2021 66.
Comment—do not count on UK data
adequacy; legal challenges appear inevitable
businesses may be premature in raising a cheer at the European Commission’s data adequacy proposal.
With a legal challenge over the process almost inevitably looming at the Court
of Justice, companies might be better off taking a more cautious approach and
using what could be borrowed time to press ahead with contingency measures.
not count on UK data adequacy; legal challenges appear inevitable.
issues £60,000 penalty over unsolicited marketing messages
has published the monetary penalty notice that it issued to Just Hype Ltd. The
£60,000 penalty is for Just Hype Ltd having instigated the sending of 1,746,632
direct marketing messages between 1 June 2019 and 12 June 2020 to customers
that had not provided adequate consent in relation to the content of the
See: LNB News 18/02/2021 57.
consultation feedback and updates OPBAS Sourcebook for professional body AML
has published a summary of the feedback received in response to its
consultation on changes to the OPBAS Sourcebook for professional body anti-money
laundering supervisors regarding criminality checks. The changes are reflected
in an addendum to the Sourcebook relating to the prohibition against a person
being a beneficial owner, officer or manager of a relevant firm (BOOM), or a
relevant sole practitioner, unless this has been approved by a professional
body anti-money laundering supervisor.
See: LNB News 24/02/2021 75.
Start preparing for Germany’s Corporate Sanctions Act
Corporate Sanctions Act carries a presumption of mandatory prosecution but also
a defense in cases where reasonable precautions fail to prevent non-managers
from committing crimes, so companies should start putting such compliance
programmes into place now, say lawyers at Arnold & Porter.
See News Analysis: Start preparing for Germany’s Corporate Sanctions Act.
Finance updates its UK Sanctions Statutory Instruments Review
Finance has updated its UK Sanctions Statutory Instruments Review, adding a
review of the Misappropriation (Sanctions) (EU Exit) Regulations 2020 (at p278)
and updating the legislation table (at p551).
See: LNB News 19/02/2021 72.
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