This week's edition of EU Law weekly highlights includes analysis on the European Data Protection Board’s Opinion on the processing of personal data in the context of AI models and the Court of Justice’s judgment on the lawfulness of mandatory collecting of customers’ titles and gender identity when booking a train ticket. In addition, this week, the EU AI Act started to apply, the European Commission published guidelines on prohibited AI practices under the EU AI Act, the January 2025 infringement package, initiated a comprehensive review of the Technology Transfer Block Exemption Regulation, published a five-year report on the European Green Deal, announced public consultations on a proposed Critical Medicines Act and the future of the European automotive industry, the European Court of Human Rights handed down a judgment stating that environmental inaction violates the right to life, the European Parliament and Council of the EU finalised their review of the Benchmarks Regulation, the EU AI Office launched a repository of AI literacy practices, and the European Medicines Agency launched a fully operational medicines shortage reporting platform.

This Practice Note contains a jurisdiction-specific Q&A guide to commercial contracts in Egypt published as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2022). Authors: Eldib Advocates—Richard G Tibichrani; Mohamed Abdel Rehim 1. Is there an obligation to use good faith when negotiating a contract? Article 148/1 of the Egyptian Civil Law No. 131/1948 stated that the performance of contractual obligations must be done in good faith by both parties concerned. Consequently, the principle of good faith is recognised by Egyptian legislation and hence, the courts, even if the contract did not state this principle. Such recognition is thought to extend to include the precontractual phase. 2. How are ‘battle of the forms’ disputes resolved in your jurisdiction? Under Egyptian legislation, the Egyptian courts will conclude that the latest version of a contract before the performance of obligations is the contract concluded between the concerned parties. Interestingly, it was argued before the Court of Appeal that the terms and conditions listed in the bill of lading of a

This Practice Note contains a jurisdiction-specific Q&A guide to commercial contracts in Germany published as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2022). Authors: Lutz Abel Rechtsanwalts PartG mbB—Marius Mann; Benjamin Baisch; Björn Weidehaas 1. Is there an obligation to use good faith when negotiating a contract? Yes. Good faith is regulated in section 242 of the German Civil Code (BGB). It is a fundamental principle under German law. It establishes the obligation on both parties in a contract to reliably and sincerely perform their obligations, taking customary practice into consideration. However, unless there is a violation of specific rules of law of the BGB or the German Commercial Code (HGB), it is rather hard to enforce a party's right that is established only on the general rule of section 242 of the BGB. The principle of good faith is specified, for example, in section 138 of the BGB (no legal transaction contrary to public policy; no usury) and in section 307 et seq of the BGB (no unreasonable

This Practice Note contains a jurisdiction-specific Q&A guide to advertising and marketing in Brazil published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: IWRCF—Luiz Werneck; Talita Sabatini Garcia 1. What are the principal statutes regulating advertising generally? The principal statutes regulating advertising in Brazil are: • the Brazilian Federal Constitution; • the Consumer Protection Code (Federal Law No. 8,078/90); • the Statute of the Children and Adolescents (Federal Law No. 8,069/90); • the Brazilian Advertising Self-Regulation Code; • Federal Law No. 5768/71;  • Decree No. 70,951/1972; • Federal Law No. 5,768/71 and Decree No. 70,951/1972 regulate commercial promotions and sweepstakes; and • National Health Surveillance Agency resolutions. 2. Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on advertising? How is the issue of concurrent jurisdiction among regulators with responsibility for advertising handled? The bodies responsible for issuing advertising regulations in Brazil are the National Advertising Self-Regulation Council (CONAR) and the government itself, represented by the House of Representatives

This week's edition of Local Government weekly highlights includes the latest developments on local government reorganisation, with MHCLG publishing the latest decisions on unitary proposals in Hampshire and the Solent, Greater Essex and Norfolk & Suffolk while confirming that a decision has not yet been made for East Sussex and Brighton and Hove. Case analysis includes Perrin v North Devon DC, in which the High Court quashed planning permission due to inadequate reasons and apparent bias; Housing 35 Plus Ltd v Nottingham CC, where the Court of Appeal held that co-operative rules did not satisfy the exemption from HMO licensing under the HA 2004; and Re HDEB, which set out the factors to be considered on an application to be appointed a deputy for personal welfare under MCA 2005 particularly in respect of an adult child. Case reports include Munemo v City of Wolverhampton Council, in which the Court of Appeal allowed the council’s appeal and restored a finding of intentional homelessness where a tenancy had been obtained by deception and T (Inherent Jurisdiction: Deprivation of Liberty) regarding an appeal considering whether the High Court’s inherent jurisdiction can be invoked for DOL where no secure accommodation is available. This edition includes further updates on Local government reorganisation, Public procurement, Planning, Social housing, Adult social care, Children’s social care, Education, Governance, Local government finance, Healthcare, Highways and Environmental law and climate change.

This Practice Note contains a jurisdiction-specific Q&A guide to advertising and marketing in Germany published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: DLA Piper—Beatrice Brunn; Dr. Stefan Engels 1. What are the principal statutes regulating advertising generally? In Germany, advertising is not governed by a comprehensive law. The Unfair Competition Act (UWG) constitutes the central framework of rules governing market behaviour and refers in particular to advertising. The UWG seeks to protect consumers, competitors and other market participants against unfair commercial practices. Also, a variety of sector-specific regulations apply to advertising and marketing for specific products and services, and within different communication channels. In addition, specific professional guilds have published codes of conduct to maintain the guilds' integrity. The codes are only obligatory for the members of those guilds.  Moreover, additions or restrictions may depend on the communication channel used. Broadcasting is, in particular, subject to advertising limitation rules. Restrictions can be found in the State Media Treaty (MStV), the media laws of the

This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Poland published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: BKB Baran Książek Bigaj—Daniel Książek; Paweł Krzykowski; Wojciech Bigaj 1. What are the main statutes and regulations relating to employment? The Labour Code is the primary source of labour law in Poland. Under the Labour Code (https://dziennikustaw.gov.pl/DU/rok/2020/pozycja/1320), the term 'labour law' includes the provisions of the Labour Code and other acts of law and implementing provisions that define the rights and obligations of employers and employees, as well as the provisions of collective bargaining agreements and other collective arrangements, and regulations and charters based on the Labour Code that set out the rights and obligations of the parties to an employment relationship. 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law? The Labour Code explicitly prohibits discrimination and harassment in employment. With regard to the prohibition of discrimination,

This Practice Note contains a jurisdiction-specific Q&A guide to financial services litigation in Greece published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: Souriadakis Tsibris—Giannis Koumettis; Michael Tsibris 1. What are the most common causes of action brought against banks and other financial services providers by their customers? Greek law recognises two main causes of liability: tort and contractual. Contractual liability arises from breach of contract, whereas tort liability arises from a breach of statute obligations. The existence of an agreement between two parties does not exclude the possible parallel existence of tort liability of one party to the agreement towards the other. Supreme Court Decision No. 1028/2015 found that the criterion for tort liability to apply despite the existence of a contract is whether the behaviour of one party towards the other would also establish tort liability even if there was no agreement between them. In that case, the plaintiff may choose between the two legal bases to bring an action against his or her counterparty,

This Practice Note contains a jurisdiction-specific Q&A guide to financial services litigation in South Korea published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: Kim & Chang—Jin Yeong Chung; Cheolhee Park; Sun Yul Lee 1. What are the most common causes of action brought against banks and other financial services providers by their customers? As is the case in many other jurisdictions, banks and financial services providers have a general duty under article 46 of the Financial Investment Services and Capital Markets Act (FSCMA) to protect their customers when selling financial products or managing financial products on their behalf. Actions most commonly brought against banks and other financial services providers by their customers are claims for damages based on allegations of a breach of that duty. Before making sales, financial services providers are required under article 46-2 of the FSCMA to provide questionnaires to their customers to ascertain their investment experience and goals, which they are required to analyse to determine their suitability. Article

This Practice Note contains a jurisdiction-specific Q&A guide to financial services litigation in Switzerland published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: Bär & Karrer—Aurélie Conrad Hari 1. What are the most common causes of action brought against banks and other financial services providers by their customers? The most common causes of action between customers and banks (and independent wealth managers) relate to breach of contract, mostly for breach of fiduciary duties. Typical disputes relate to mismanagement of the assets or breach of the duty to inform or a duty of care by the services providers further to losses in investments. The parties will in principle rely on the mandate agreement (article 394 et seq of the Swiss Code of Obligations (SCO)), which applies in most transactions between a financial services provider and its customer. Since the entry into force of the Financial Services Act (FinSA) – a new bill on financial services which was enacted by the Swiss Parliament on 15 June 2018 and entered

This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Portugal published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: Morais Leitão, Galvão Teles, Soares da Silva & Associados—Joana Almeida 1. What are the main statutes and regulations relating to employment? The main statutes and regulations relating to employment are the Labour Code, approved by Law No. 7/2009, of 12 February 2009, and the Labour Code Regulation, approved by Law No. 105/2009, of 14 September 2009, both as amended. Specific areas of regulation (eg, health and safety at work, work accidents and occupational diseases and labour misdemeanours) and special types of contract of employment (eg, work from home, sports work, work in ports or on board, showbusiness and domestic service) are governed by specific statutes. 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law? Discrimination and harassment in employment are forbidden by law, on general and specific levels:

This Practice Note contains a jurisdiction-specific Q&A guide to insurance and reinsurance in Indonesia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2022). Authors: Hadiputranto, Hadinoto & Partners (member firm of Baker McKenzie)—Mita Djajadiredja; Christofer Chandra 1. Identify the regulatory agencies responsible for regulating insurance and reinsurance companies. The Financial Services Authority (OJK) is responsible for regulating insurance and reinsurance companies. 2. What are the requirements for formation and licensing of new insurance and reinsurance companies? Law No. 40 of 2014 on insurance provides three legal forms under which an insurance business can be carried out: limited liability companies, cooperatives and mutual funds. In the private sector, limited liability companies are the most commonly used arrangement for conducting an insurance business. Prior to operating in the insurance sector, a company must obtain an insurance business licence from the OJK. New business licence applicants must satisfy the licensing requirements regulated under various OJK regulations, primarily the following: • the applicant's operational readiness (eg, qualified directors and