Information law analysis: Shobana Iyer, barrister at Swan Chambers, considers the case Satakunnan Markkinapörssi Oy and Satamedia Oy v Finland before the Grand Chamber of the European Court of Human Rights (respectively the ECtHR and the Grand Chamber). This important case examines the conflict between the need to protect private life under Article 8 of the European Convention of Human Rights (ECHR) and the right to freedom of expression under Article 10 ECHR, in the domain of publicly available personal data and data journalism. According to the Grand Chamber, when balancing the protection of private life against freedom of expression, the decisive criterion had to be the contribution made by publishing the data to a debate of public interest. If a publication is only meant to satisfy the curiosity of a certain audience, freedom of expression must be interpreted more narrowly. The Grand Chamber also considered there was a violation of Article 6(1) of the ECHR in this case, as the length of the proceedings at domestic level (six years and six months) was excessive and failed to meet the right to a hearing within a ‘reasonable time’, even taking into account the complexity of the case.

EU Law analysis: The Court of Justice recognised, under Article 25 of Regulation 1215/2012, Brussels I (recast), the validity of asymmetric jurisdiction clauses in favour of competent courts of EU Member States or members of the Lugano Convention. If such clauses respect the mandatory elements of Brussels I (recast), they are to be assessed under the regulation rather than under individual national laws. The clause must identify objective factors allowing a court seised to determine whether it has jurisdiction. A reference to ‘any other competent court’ is sufficient (subject to the proviso that competent courts are l imited as above). This case answers the vexed question as to how to address asymmetric jurisdiction clauses within the Brussels I (recast). Since Brexit, the UK is neither an EU Member State nor a party to the Lugano Convention, and the implications of this decision for asymmetric jurisdiction clauses involving the English courts remain to be worked out. Written by Angharad Parry, barrister at Twenty Essex.

Regulation (EC) No 864/2007 known as Rome II provides that the applicable law in cases of tort is that of the country in which the damage occurred. The European Court has confirmed that Rome II should only be applied to events giving rise to damage that occurred after 11 January 2009. It confirmed that the dates on which proceedings were brought or on which a national court was asked to consider the application of Rome II were irrelevant. It is also not necessary to consider the date on which Rome II came into force – the key date set down within it is 11 January 2009.

The European Commission has announced that Regulation (EU) 2024/1252 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (European Critical Raw Materials Act) has entered into force as of 23 May 2024. The Regulation aims to ensure a diverse, secure, and sustainable supply of critical raw materials for the EU's industry. The Commission has also opened the Call for Strategic Projects Applications under the European Critical Raw Materials Act. The deadline for the submission of applications is on 22 August 2024.

The European Data Act has entered into force on 11 January 2024. The new rules define the rights to access and use data generated in the EU and will improve the ease in sharing data, particularly industrial data. The Act will clarify who can create value from data and under which conditions, ensuring fairness in the digital environment and will unlock industrial data and provide legal clarity regarding the use of data to promote a competitive and innovative data market. The Data Act will become applicable in 20 months ie 11 September 2025.

The EDPS is an independent supervisory authority devoted to protecting personal data and privacy and promoting good practice in the EU institutions and bodies.

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note tracks the progress of the European Commission’s proposal for a revision of Regulation (EU) 910/2014 (OJ L 257/73), the EU eIDAS Regulation to establish a framework for a European Digital Identity. The EU eIDAS Regulation which was adopted in 2014 repealed the preceding Directive 1999/93/EC, also known as the EU e-Signature Directive. Regulation (EU) 2024/1183, the European Digital Identity Framework, was published in the Official Journal of the EU on 30 April 2024 and came into force on 20 May 2024. The new framework is expected to simplify access to online services; increase user trust and confidence in digital interactions; boost the digital economy by fostering innovation and competition; and reduce risk of identity theft and fraud. The European Digital Identity Framework comprises transitional measures applicable until 21 May 2026 and 21 May 2027. Background Although the use of basic electronic signatures is relatively commonplace in the EU and the UK, the picture is different for digital and other more advanced forms of electronic signatures, even if these became more popular to overcome the practicalities of document signing during the coronavirus (COVID

The European Economic Area (EEA) comprises the contracting parties to the EEA Agreement including all 27 EU Member States, the EU itself and the three European Free Trade Association (EFTA) countries—Iceland, Liechtenstein and Norway. The EEA was established by the EEA Agreement which enables the three EFTA countries to participate fully in the EU’s single market. It covers the four freedoms—the free movement of goods, capital, services and persons—as well as competition and State aid rules. The EEA agreement also guarantees equal rights and obligations for individual and economic operators within the internal market.

A national of any of the following European Economic Area (EEA) countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK.

This means an institution which: (1) is an EEA firm of the kind mentioned in paragraph 5(a), (b) or (c) of Schedule 3 to the Financial Services and Markets Act 2000 (certain credit and financial institutions) (2) qualifies for authorisation under paragraph 12(1) or 12(2) of that Schedule (3) has permission under the Financial Services and Markets Act 2000 to manage portfolios of investments.

An EEIG is an association between companies or other entities from different EU member states who want to operate together across national frontiers. The statutory basis for the EEIG is Council Regulation (EEC) No 2137/85, implemented in the UK via the European Economic Interest Grouping Regulations 1989, SI 1989/638, as amended. The EEIG bears similarities to the English law partnership, but unlike the partnership has an independent legal personality. In the UK it is considered a body corporate from the date shown on its certificate of registration. Now that the UK has left the EU it is no longer possible to form or operate an EEIG in the UK. All EEIGs registered in the UK on 1 January 2021 automatically converted into a new legal form known as a UK Economic Interest Grouping (UKEIG).

This Practice Note provides an introduction to European Economic Interest Groupings (EEIGs), covering their formation, corporate status, membership and winding up and their advantages and disadvantages. What is an EEIG? An EEIG is an association between companies or other entities from different Member States who want to operate together across national frontiers. The statutory basis for the EEIG is Council Regulation (EEC) 2137/85 (EEIG Regulation). The EEIG Regulation allows Member States to make certain provisions under national law in relation to EEIGs. This means that there are some differences across the EU in the laws applying to EEIGs in relation to legal capacity, management and auditing. Note that when the UK left the EU, it became impossible for an EEIG to be registered in the UK. A legislative framework was put into place prior to ensure that any EEIGs were registered in the UK immediately before the end of the transition period on 31 December 2020 were automatically converted into UK Economic Interest Groupings or UKEIGs. The European Economic Interest Grouping (Amendment) (EU Exit)