The Payment Accounts Directive (Directive 2014/92/EU) (PAD) is intended to enhance transparency and comparability for consumers in respect of payment accounts. In particular, the PAD: • makes it easier for consumers to compare fees charged by banks and other service providers across the EU • facilitates consumer switching of payment accounts, and • entitles all EU consumers to open a payment account that enables them to perform essential functions such as receiving their salary and paying bills The PAD has its origins in the European Commission's consultation on retail bank accounts, opened in March 2012, which assessed the need for action in the areas of transparency and comparability of fees, account switching and access to basic payment accounts. This followed a retail banking sector inquiry in 2007 which had identified these factors as obstacles to consumer choice and mobility. Member States' subsequent attempts to tackle the problems at a national level had led to a lack of uniformity across the EU to the detriment of the single market. The consultation suggested some consumer appetite for legislation at the EU-level while the industry generally was less persuaded of the need for new EU legislation. The PAD, which clearly targets the problems identified in the consultation, was published in the Official Journal of the EU on 28 August 2014, and entered into force on 17 September 2014. Member
Brexit implementation period—enforcement [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the rules of dealing with the recognition and enforcement of judgments as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period, referred to by the EU as the transition period. It considers whether the implementation period can be extended, whether the enforcement framework under the Brussels regime, including that set out in Regulation (EU) 1215/2012, Brussels I (recast), applies during the implementation period, as well as the position after the implementation period. For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources. Definitions This Practice Note using a number of definitions: • European Union (Withdrawal) Act 2018—EU(W)A 2018 • European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020 • exit day—is defined in EU(W)A 2018, s 20 as 31 January 202 at 11 pm • Hague Convention on Choice of Court Agreements—Hague Convention of 30 June 2005 on Choice of Court Agreements • implementation period—is defined in EU(WA)A 2020, s 1 as 'transition or implementation period provided for by Part 4 of the withdrawal agreement and beginning with exit day and ending on IP completion day'. ‘Implementation period’ is the UK’s preferred term, while the EU refers to this period as the ‘transition period’ • IP completion day—is defined in EU(WA)A
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Personal data sharing agreement—independent controllers—one-way This Agreement is made on [date] Parties 1 [insert name of disclosing party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Disclosing Party), and 2 [insert name of receiving party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Receiving Party), (each of the Disclosing Party and the Receiving Party being a party and together the Disclosing Party and the Receiving Party are the parties). Background (A) The parties have identified a requirement to share the Shared Data for the Permitted Purpose. (B) The parties have decided to create a framework for the [systematic OR ad-hoc OR one-off] sharing of the Shared Data, which is likely to require sharing of the Shared Personal Data. (C) The Disclosing Party considers that it may share the Shared Personal Data with the Receiving Party on the legal basis of the Permitted Lawful Basis. (D) [The parties have completed a data protection impact assessment in respect of the planned sharing of the Shared Personal Data under this Agreement, and have agreed that this Agreement will assist with mitigating certain risks that have been identified.] (E) The parties’ objectives in sharing the Shared Personal Data, and the reasons why that is necessary, are set out at paragraphs 1
Personal data sharing schedule—joint controller to joint controller—two way—balanced The ScheduleJoint controller arrangements 1 Definitions and interpretation 1.1 In this Schedule: Communication • means a complaint, enquiry, notice, request or other communication (but excluding any Data Subject Request) relating to either party’s obligations under any Data Protection Laws in connection with this Agreement and/or the Processing of any of the Shared Personal Data, including any compensation claim from a Data Subject or any notice, investigation or other action from a Data Protection Supervisory Authority relating to any of the foregoing; Consent • means a freely given, specific, informed and unambiguous indication (by a statement or by a clear affirmative action) by which the relevant Data Subject has agreed to the relevant disclosure(s) and/or Processing of the Shared Personal Data relating to them that has not been withdrawn. To the extent the relevant Shared Personal Data is Special Category Personal Data, this definition should be read as if the word ‘unambiguous’ above read ‘unambiguous and explicit’. The terms freely given, specific, informed, unambiguous and explicit in this definition shall be construed in accordance with Data Protection Laws; Contact Point • means, in respect of each party, the person identified as such in accordance with paragraph 1 of Appendix 5 of this Schedule; Controller • has the meaning given in Data Protection Laws; Data Protection Laws • means, as applicable to either party and/or to [insert reference to relevant activities
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What is the Retained Recast Regulation on Insolvency? European Union (Withdrawal Agreement) Act 2020 The European Union (Withdrawal Agreement) Act 2020 (the Act) was introduced to facilitate the ratification and implementation of the Withdrawal Agreement (31 Jan 2020) agreed in principle between the UK and the EU on 17 October 2019. For further details on the Withdrawal Agreement, see Practice Note: Brexit—introduction to the Withdrawal Agreement. The Act contains provisions on various matters, including the implementation period (the term used by the UK or transition period, the term used by the EU; these terms are used interchangeably, see Q&A: In the context of Brexit, what is meant by the ‘transition or implementation period’?). It incorporates several amendments to the European Union (Withdrawal) Act 2018 (EU(W)A 2018), particularly for the purpose of legislating for transition, deferring several provisions from exit day to the end of the implementation period. During the transition period/implementation period The provisions relating to insolvency are largely unchanged; Article 67(3)(c) of the Withdrawal Agreement (31 Jan 2020) provides that in the UK and Member States: ‘Regulation (EU) 2015/848 of the European Parliament and of the Council shall apply to insolvency proceedings, and actions referred to in Article 6(1) of that Regulation, provided that the main proceedings were opened before the end of the transition period.’ The effect of the Withdrawal Agreement (implemented by the Act) is to preserve the status
What is the status of Regulation (EC) 110/2008 and Regulation (EU) 2019/787 in the UK following IP completion day? Are Articles 16 and 23 of Regulation (EC) 110/2008 still applicable? Status of Regulation (EU) 110/2008 Regulation (EU) 2019/787 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages came into force on 24 May 2019. Article 49(1) of Regulation (EU) 2019/787 provides that Regulation (EC) 110/2008 (on the definition, description, presentation and labelling and the protection of geographical indications of spirit drinks) is repealed with effect from 25 May 2021, save that Chapter III (which covers geographical indications, and which contains Articles 16 and 23) is repealed with effect from 8 June 2019. See Articles 49 and 50 of Regulation (EU) 2019/787 for derogations from
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This week's edition of Public Law weekly highlights includes the latest updates on the conflict in Ukraine and the sanctions against the Russian state, including the issuance of OFSI General Licence INT/2022/2085212 on supplying energy to Mongolia. Also featured are selected Brexit headlines, including the UK government’s launch of formal consultations with the European Commission on the UK’s access to EU scientific research programmes, progress in the UK's international trade priorities, as well as the latest post-Brexit guidance and SIs. Also in this edition, analysis of CPR Part 18 Requests for Further Information in judicial review proceedings; details of Lord Burrow's speech on statutory interpretation and Suella Braverman's speech on equality and human rights; plus guidance on making legislation. This edition further includes additional updates on constitutional and administrative law; judicial review; subsidy control and State aid; and public sector pensions.
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