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PRACTICE NOTES
This material considers Assimilated Regulation (EU) 2016/679, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018), and legislative links are to Assimilated Regulation (EU) 2016/679, UK GDPR, except where expressly stated otherwise. For a more detailed introduction to UK GDPR generally, see Practice Notes: The UK GDPR and DPA 2018: key data protection issues for employment lawyers and The UK General Data Protection Regulation (UK GDPR). This Practice Note examines the legal restrictions applicable to monitoring of staff, IT systems and electronic communications in the workplace and the requirements that must be observed in order for such monitoring to be undertaken lawfully. Sector-specific regulation (eg obligations to keep records of transactions in the financial services sector) may apply but are not addressed in this Practice Note in any detail. Interception or retention of communications data at the behest of the state is outside the scope of this Practice Note. For more information, see Practice Notes: The regulation of intelligence gathering—an introductory guide and Acquisition,
GLOSSARY
A professional, often engaged by a funder, to monitor the progress of construction works in order to protect its investment. Also known as a project monitor.
PRACTICE NOTES
This Practice Note looks at some of the most common causes of financial instability in law firms and suggests what needs to be done to ensure problems never develop into crises. Why might law firms become unsustainable? The reason why law firms ultimately fail is because they run out of money, their banks lose faith in their businesses and refuse to provide further finance and alternative finance cannot be raised quickly enough. It is usually large payments that bring the issue to a head, eg the payment of rent, VAT, income tax, corporation tax or the professional indemnity insurance (PII) premium. Law firms vary in their performance, but most are poor in turning time spent on client matters into cash. It typically takes in the region of 120 days from doing the work to being paid (this is called lock-up) but firms are expected to pay rent and insurance in advance and staff salaries at the end of every month. It is not surprising that firms
GLOSSARY
Insurance for a single type of risk, usually guaranteeing the repayment of certain debt in return for a premium and used to enhance credit ratings.
GLOSSARY
In economic terms, a monopoly is a market with a single producer or supplier. The monopolist therefore has substantial market power and very few, if any, competitive constraints.
NEWS
Commercial analysis: In Durber v PPB Entertainment Ltd, the High Court was asked to consider a dispute arising from a miscommunication regarding the claimant’s winnings on an online game. The case considers matters of contractual construction and limitation of liability clauses in business-to-consumer contracts. Written by Helen Hart, senior knowledge lawyer at Lewis Silkin.
GLOSSARY
A valuation technique using computer algorithms to conduct a statistical analysis of the most probable valuation by repeatedly running Discounted Cashflow (DCF) valuations with random inputs and assumptions.
PRACTICE NOTES
1. What is the applicable legislation? Montenegro does not currently have a FDI regime comparable to those emerging across Europe following the adoption of the EU FDI Screening Regulation. Instead, Montenegro maintains a traditional, sector-specific authorisation system primarily focused on the defence sector, similar to those historically established in Europe during the second half of the 20th century. Foreign investments in Montenegro in general—and the authorisation system for the defence sector in particular—are governed by the Foreign Investments Act (Official Gazette of Montenegro, Nos. 18/11, 45/14, and 73/19) (Foreign Investment Act) and by the Guidance on the Content and Manner of Submitting Information on Foreign Investments (Official Gazette of Montenegro, No. 19/14). 2. Which government or other body (or bodies) reviews foreign investments? The Ministry of Economic Development is the authority responsible for reviewing and deciding on foreign investments in the defence sector. Before issuing a decision, the Ministry of Economic Development must obtain the opinions of both the Ministry of Defence and the Ministry of the Interior. 3. What is the scope of the foreign investment
PRACTICE NOTES
NOTE—this guide is currently in the process of being updated by local counsel following adoption of a new Competition Law on 25 March 2026. NOTE—to see whether notification thresholds in Montenegro and throughout the world are met, see further:Where to Notify. 1. Have there been any recent developments regarding the Montenegrin merger control regime and are any updates/developments expected in the coming year? Also, are there any other ‘hot’ merger control issues in Montenegro? In February 2025, the Agency for Protection of Competition (Agency) announced amendments to the Competition Act, potentially introducing many notable changes. Among the most important is the power for the Agency to directly impose fines for competition law infingements, i.e. without misdemeanour courts as is the case currently. Other potential changes include: (i) election of council members by the National assembly; (ii) rendering a decision in a short concentration notification procedure by the president of the council; (iii) the need for a court order in the event of a dawn raid, etc. Montenegro
NEWS
Ireland—Banking & Financial Service analysis: This article, was written by Etain de Valera, Donnacha O’Connor, Brian Dillon and Brian Higgs of Dillon Eustace LLP. Dillon Eustace’s Asset Management and Investment Funds team has again been ranked as the leading legal adviser to Irish domiciled funds by the Monterey Insight Ireland Fund Report 2024.
GLOSSARY
means a calendar month;
PRECEDENTS
A: Introduction Date of monitoring review Person conducting monitoring review B: Consolidated data Criteria In the last [insert period, eg month] Over the last 12 months Number of suspected Accounts Rules compliance breaches reported internally to the COFA Number of actual Accounts Rules compliance breaches (serious and non-serious) Number of serious Accounts Rules compliance breaches Number of Accounts Rules compliance breaches reported to the SRAIf different to ‘Number of serious compliance breaches’, state why C: Data by compliance breach category Category of compliance breach In the last [insert period, eg month] Over the last 12 months A: Client money used for a non-permitted purpose B: Client money paid into office account C: