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PRACTICE NOTES
A key objective of the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) was to achieve a level of consistency in relation to how data protection law is implemented and enforced across the EU and EEA. However, there is no single repository for enforcement actions taken by the over thirty supervisory authorities that exist across Europe. See Practice Note: EU and EEA data protection supervisory authorities for a list of the main supervisory authorities in the EU and EEA. Due to the lack of a single repository for enforcement actions, this Practice Note is not comprehensive but tracks those EU GDPR enforcement decisions: • published as a ‘national news’ press release by the European Data Protection Board (EDPB) (and generally only where these fines equal €250,000 or more, though some lower-value fines are recorded below) • that the Lexis+® UK Information Law team otherwise become aware of from various sources where total fines are over €2m References to provisions are to those of the EU GDPR. Entries may adopt common data
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Information Law analysis: David Wynne-Griffith, associate at Simmons & Simmons, and James Cotter, partner at the firm, consider the interaction between force majeure clauses and data protection provisions in agreements in light of the General Data Protection Regulation, Regulation (GDPR).
PRACTICE NOTES
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit—implications for data protection These FAQs were drafted by Allison Broad at the Institute of Chartered Accountants in England and Wales (ICAEW) with contributions from Caroline Sumner at R3 and staff at the ICAEW, Institute of Chartered Accounts Scotland (ICAS) and the Association of Chartered Certified Accountants (ACCA) to provide guidance jointly for members of the ICAEW, the Insolvency Practitioners Association (IPA), ICAS, the ACCA, Chartered Accountants Ireland and R3. Originally posted on 29 May 2018, these FAQs set out some key issues for insolvency practitioners (IPs) to consider when looking at their obligations under the General Data Protection
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The Government Digital Service (GDS) and the Department for Science, Innovation and Technology (DSIT) have published guidance addressing the risks associated with artificial intelligence (AI)-assisted vulnerability discovery in publicly accessible source code and advising public sector bodies to continue publishing code openly by default. The guidance states that the principal causes of cyber risk are unpatched vulnerabilities, insecure implementation, unsafe configuration and weak remediation capability, rather than the publication of source code itself. It adds that, although AI-assisted analysis may accelerate the identification of vulnerabilities by enabling faster and more targeted analysis, access to source code generally provides only a limited additional advantage to attackers because vulnerabilities can also be identified through other methods, including testing live systems and analysing software dependencies. The guidance therefore advises departments not to adopt a ‘private by default’ approach.
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Government Digital Service (GDS) and Department for Science, Innovation and Technology (DSIT) has published initial guidance on preparing government datasets for use in artificial intelligence applications. The guidance sets out four pillars of AI-ready data: technical optimisation, data and metadata quality, organisational and infrastructure context and legal, security and ethical compliance—intended to address longstanding issues such as siloed data, inconsistent documentation, insufficient metadata and risks associated with providing raw data without adequate quality or provenance information. The guidance includes an AI-ready data action plan and a self-assessment checklist to help public sector bodies assess whether datasets can responsibly support AI capabilities over time, with an emphasis on responsible data stewardship, lawful use, governance controls and sustained organisational readiness. It is intended that the framework be updated as the AI landscape evolves and with feedback invited to inform future revisions.
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The Government Digital Service (GDS) has released an AI Playbook for the UK Government, building upon the Generative AI Framework published in January 2024. The playbook outlines 10 principles for civil servants to adhere to when utilising AI technologies. It provides detailed guidance on AI capabilities, limitations, and risks, as well as instructions for selecting, procuring, and implementing AI within government organisations. The updated guidance encompasses a broader range of AI technologies and is available in both digital and print formats.
GEO
GLOSSARY
A satellite in orbit 35,650 km above the Earth in a rotation that mimics that of the Earth, thus appearing stationary in the sky.
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The Glasgow Financial Alliance for Net Zero (GFANZ) is consulting on voluntary guidance on how index investing can support companies’ transition to net zero. Responses are sought by 9 January 2025. The paper argues that while indices are used by a significant portion of publicly traded equity and corporate bonds as benchmarks for active managers and investment strategies, only a few companies have achieved net zero, making it challenging for indices to support real-economy decarbonisation.
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The Green Finance Institute (GFI) and the Climate Bonds Initiative have launched the Global Property Linked Finance Initiative (GPLFI) to establish Property Linked Finance (PLF) as a global asset class and help close the US$34trn built environment investment gap by 2050. GPLFI's first output, the PLF Principles, has been released in beta form for consultation until October 2025, with a formal launch planned at COP30 in November 2025. GPLFI will be implemented in three phases: (1) developing tools and pathways for countries to launch PLF markets; (2) securing ministerial-level support to align national markets with PLF frameworks and commit to developing national PLF markets at COP31; and (3) providing technical assistance and capital markets tools to scale PLF across both mature and nascent markets.
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The Global Federation of Insurance Associations (GFIA) has published a report explaining the significant differences between the insurance industry and other financial industries and why these distinctions must be considered by policymakers when formulating future regulations. The report, entitled ‘Insurance: a unique sector’, also emphasises why discussions regarding the regulation of the banking or non-bank financial intermediation sectors should not include insurance.
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The Global Financial Markets Association (GFMA) has published a report on the role of digital money in capital markets, examining current use cases, drivers of adoption and the challenges to scaling these solutions. The report analyses emerging forms of digital money, including tokenised deposits, deposit tokens, wholesale central bank digital currencies (wCBDCs) and stablecoins, across activities such as securities settlement, repo, securities finance and derivatives margining.
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The Global Financial Markets Association (GFMA) has published its response to a pre-hedging consultation launched by the International Organisation of Securities Commissions (IOSCO). GFMA emphasises the importance of pre-hedging as a risk management tool in financial markets and argues that pre-hedging benefits clients by enhancing liquidity, improving pricing, and facilitating smoother execution, especially for large or complex transactions. The GFMA stresses that pre-hedging should not be confused with unlawful practices and highlights the need for flexibility in regulatory guidance.