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NEWS
MLex: The revision of the EU’s Cybersecurity Act is set to move into a new phase in early June 2026, with Cyprus expected to present a compromise text on the EU cybersecurity agency and on certification rules, according to a 13 May 2026 document seen by MLex. Negotiations on the proposed EU Cybersecurity Act 2 will then continue under Ireland’s incoming presidency of the Council of the EU, while talks on NIS2 Directive simplification measures are due to begin later in May 2026.
NEWS
MLex: Operators of essential services, including digital infrastructure and telecom companies, face a wait for EU countries to reach agreement on revised cybersecurity rules as they are still at odds on the scope. According to a new policy document, EU governments also have yet to agree on enforcement action as well as co-operation with countries outside the EU under the revision of the Network and Information Security (NIS) Directive.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This document tracks the key steps of the legislative procedures on data in the EU. On 19 February 2020, the European Commission published a ‘European Strategy for data’ with the aim to create a single market for data which will make the EU more competitive globally and will enable innovative processes, products and services. This tracker focuses on non-personal data initiatives and includes: • EU Data Governance Act • EU Data Act • EU Open Data Directive • European Health Data Space • European Mobility Data Space • European Tourism Data Space • Access to vehicle data • Data collection for short-term rentals Note that this tracker does not cover the proposal for a Regulation on a framework for Financial Data Access which was published on 28 June 2023. For more information on other EU’s digital strategy initiatives such as the EU Artificial Intelligence Act, the ePrivacy Directive reform, the EU Digital Services Act, the EU Digital Markets Act, and EU cybersecurity initiatives, see Practice Notes:
PRACTICE NOTES
ARCHIVED: This archived timeline sets out the key legislative developments of the data protection reform package. This timeline is for background information only and is not maintained. This timeline includes information relating to: • the General Data Protection Regulation, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), and • the Data Protection Law Enforcement Directive, Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (DPLED). The timeline also includes opinions, reports and guidance related to the above that have been issued by the
PRACTICE NOTES
This Practice Note is a horizon scanner tracking future developments in EU data protection law. It provides details of key dates for your diary (including forecasted dates where possible) and relevant commentary in relation to legislative proposals affecting the wider EU data protection framework and legislation that is in force but not yet applicable, cases before the Court of Justice of the European Union, consultations and calls for evidence, and other key developments. This horizon scanner is divided into the following sections: • Legislation ◦ Legislation in progress ◦ Legislation in force but not yet applicable • Cases before the Court of Justice of the European Union • Consultations and calls for evidence ◦ Open consultations ◦ Closed consultations and calls for evidence • Other key developments This horizon scanner does not cover past developments, including case law, enforcement action and regulatory guidance. For details of such developments in EU data protection law, see Practice Notes: • EU GDPR—data protection case law tracker • Compensation for non-material damage under EU data protection law—key case tracker
PRACTICE NOTES
This Practice Note provides an overview of the data reporting services providers (DRSPs) regime that was introduced by the recast Markets in Financial Instruments Directive (Directive 2014/65/EU) (EU MiFID II) and the Markets in Financial Instruments Regulation (Regulation (EU) 600/2014) (EU MiFIR). It includes a summary of the requirements for approved publication arrangements (APAs), consolidated tape providers (CTPs) and approved reporting mechanisms (ARMs), which perform an integral part of the pre- and post-trade transparency and transaction reporting regimes under EU MiFIR, and highlights the key changes to the DRSP regime made by Regulation (EU) 2024/791 (the MiFIR Review). Regulatory overview EU MiFIR requires investment firms, including systematic internalisers (SIs), to make post-trade information public through an ‘approved publication arrangement’ or an ‘APA’. An APA is defined as a person authorised under EU MiFIR to provide the service of publishing trade reports on behalf of investment firms. A ‘consolidated tape provider’ or ‘CTP’ is a person authorised under EU MiFIR to provide the service of collecting post-trade reports for financial instruments from regulated markets, multilateral
NEWS
Law360, London: The European Commission has opted not to introduce legislation to regulate third-party litigation-funding, more than four years after calls emerged for the nascent industry across the bloc to be regulated.
NEWS
The International Energy Charter (IEC) has announced that the EU has informed the IEC of its decision to exercise the right under Article 17 of the Energy Charter Treaty (ECT), which is to deny the advantages of Part III of the ECT on behalf of the EU, the European Atomic Energy Community (Euratom) and the listed member states which are or have been contracting parties to the ECT. The advantages will be denied to any legal entity that is owned or controlled by citizens or nationals of the Russian Federation or of the Republic of Belarus and to any investment within the meaning of the ECT which is an investment of an investor of the Russian Federation or of the Republic of Belarus.
PRACTICE NOTES
This Practice Note considers the reforms to EU design legislation which modernise the EU design regime (at unitary and national level) and make it cheaper, quicker and more predictable to protect industrial designs in the EU. This Practice Note sets out the background to the legislative reforms and considers the key elements, namely: terminology and symbols; new, emerging and future technologies; scope of design, prohibited acts and limitations; spare parts; procedural matters; national unregistered designs; and relationship with copyright. The primary package of legislation underpinning the reforms comprised the following legislation: • Regulation (EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Council Regulation (EC) 6/2002 on Community designs and repealing Commission Regulation (EC) 2246/2002 (the Amending Regulation) • Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs (recast) (the Directive) The Amending Regulation reformed the unitary EU designs regime by amending key provisions of Regulation (EC) 6/2002 (the original regulation which governed the regime) and
NEWS
Law360, London: In-house IP professionals need to start evaluating their companies' design portfolios ahead of the imminent arrival of new, enhanced European design reforms in order to future-proof their IP strategy, lawyers say.
NEWS
EU Law analysis: Mark Nichols, senior associate, and Elizabeth Barttelot, associate, IP Solicitors at Potter Clarkson LLP, consider the next phase of EU design reform. From 1 July 2026, the codified EU Design Regulation (Regulation (EU) 2026/715) replaces Regulation (EC) 6/2002. New Delegated and Implementing Regulations will also govern EU Intellectual Property Office (EUIPO) procedure. The regime is being modernised for digital and animated designs, 3D printing and goods in transit. Filing strategies, product launch planning and UK/EU protection strategies should be revisited, particularly where representations, digital assets, first disclosure and cross-border enforcement are commercially important.
PRACTICE NOTES
What are EU designs? This Practice Note considers the EU design regime. The registered Community design (RCD) and the unregistered Community design (UCD), collectively referred to as ‘Community designs’, were brought into being under Regulation (EC) 6/2002. They are unitary design rights which cover the whole of the EU and can be enforced accordingly. In November 2022, the EU Commission adopted two proposals to modernise design legislation at an EU and national Member State level, to make the procedure to register designs at EU level cheaper and easier and to harmonise procedures between the EU and national systems. The primary package of legislation underpinning the reforms comprised the following legislation: • Regulation (EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Council Regulation (EC) 6/2002 on Community designs and repealing Commission Regulation (EC) 2246/2002 (the Amending Regulation) • Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs (recast) (the Directive) The Amending Regulation reformed the unitary EU design regime