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NEWS
The European Commission has sent LinkedIn a request for information to explain how their service complies with the Digital Services Act (DSA). Specifically, LinkedIn is to provide more details on its compliance with the prohibition of presenting advertisements based on profiling using special categories of personal data. LinkedIn must also provide information on how it ensures that all required transparency requirements for advertisements are provided to its users. This information must be provided by 5 April 2024. Pursuant to Article 74(2) of the DSA, the Commission can impose fines for incorrect, incomplete, or misleading information in response to a request for information.
NEWS
Competition analysis: On 30 April 2026, the European Commission (Commission) issued draft revised Merger Guidelines that merge the horizontal and non-horizontal regimes into a single effects-based framework, representing the biggest overhaul of EU merger control guidance in 20 years. The draft makes four key changes: (i) it places innovation and dynamic competition at the centre of the analysis, incorporating a new ‘Innovation Shield’ with indicative safe harbours for some start-ups and R&D projects; (ii) expands the treatment of entrenchment, foreclosure and portfolio effects; (iii) develops the ‘theory of benefit’ approach to efficiencies; and (iv) expressly recognises resilience and sustainability as relevant competitive factors. The consultation runs until 26 June 2026, with final guidance expected after stakeholder feedback. Produced in partnership by Neil Baylis of CMS.
NEWS
Public Law analysis: In an unprecedented and landmark decision that will have an impact far beyond Europe the Grand Chamber of the European Court of Human Rights established the principle that failures by a state party to the European Convention on Human Rights (ECHR) to take adequate measures to mitigate climate change can amount to a violation of Convention rights. In a 16-1 decision (Judge Eicke partially dissenting) the court held that Switzerland’s failures to mitigate climate change and in particular, global warming and CO2 emissions, which adversely impact the physical and psychological health and quality of life of senior women living in the country violated their Article 8 rights to privacy and family life. In doing so the court determined that Article 8 includes the right to ‘effective protection by the State authorities from serious adverse effects on their life, health, wellbeing and quality of life arising from the harmful effects and risks caused by climate change’.
PRACTICE NOTES
STOP PRESS: This Practice Note reflects the current legislative position, including the Commission’s proposal for a Digital Networks Act published on 21 January 2026 that may repeal the European Electronic Communications Code. It will be updated when the proposal is finalised. To track the progress of the Digital Networks Act through the legislative process, see Practice Notes: EU Media, digital and telecoms—horizon scanner and EU Media, digital and telecoms—key developments tracker. This Practice Note provides guidance on Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast), commonly known as the European Electronic Communications Code and referred to in this note as the EECC. The EECC is a recast and consolidation of the primary directives which originally comprised the EU-wide framework for the regulation of electronic communications networks (ECNs) and electronic communications services (ECSs). On 21 January 2026, the European Commission published their proposal for the EU’s Digital Networks Act (Proposed DNA), which is set to be a major overhaul of the EU’s digital
PRACTICE NOTES
Role and remit The European Franchise Federation (EFF) is a non-profit international association based in Belgium. Set up in 1972 by the French Franchise Federation, the Italian Franchise Association, the Belgian Franchise Federation, and the Netherlands Franchise Association to promote, defend, and speak for the franchise industry operating in Europe. The EFF consists of single accredited national franchise associations from countries that meet the EFF's Statutes as stated in Article 7, Conditions of Admissions. Membership is limited to one association per country. The EFF currently has 20 members. The aims of the EFF are to support the development of ethical franchising within Europe and to protect the franchise industry by promoting an evolving European Code of Ethics (Code) for franchising. The EFF also supports the principle of having a single, credible, representative franchise association in each European country, that will promote ethical franchising by requiring its members to have membership rules, processes and procedures in place that ensure a franchised network compliance with certain standards before it is admitted as a member of a national
PRACTICE NOTES
What is the European Green Deal? The European Green Deal is the Commission’s sustainable growth strategy for Europe. It represents the Commission’s holistic response to the existential threats of climate change and biodiversity loss. It provides a blueprint for internal EU action and international cooperation to avoid the worst consequences of a warming planet, while helping citizens to adapt to unavoidable climate change and supporting businesses to transition to a sustainable economy. The European Green Deal Communication (the European Green Deal) was published on 11 December 2019. It set out several overarching objectives to inform EU legislation and policy over the years following its publication. An initial roadmap (the Roadmap) of the key measures to be enacted in fulfilment of the Green Deal’s aims was included as an Annex to the main Communication. One of the defining goals of the European Green Deal is to make Europe the first climate-neutral continent by 2050, with an intermediary target of reducing greenhouse gas (GHG) emissions by ‘at least’ 50% below 1990 levels by 2030. This overrides the Commission’s
PRACTICE NOTES
This Practice Note examines the European Long-Term Investment Funds (ELTIF) Regulation (EU) 2015/760, covering its legislative background, scope, authorisation requirements, permitted investments, disclosure obligations and marketing rules. The ELTIF Regulation is a specialist alternative investment fund (AIF) regime available to EU alternative investment fund managers (AIFMs) authorised under the Alternative Investment Fund Managers Directive (2011/61/EU) (AIFMD). Legislative background to the ELTIF Regulation ELTIF In June 2013, the European Commission proposed the creation of a new investment fund vehicle, namely the ELTIF, designed to make longer term investment easier both for managers and investors. The ELTIF Regulation (Regulation (EU) 2015/760) was published in the Official Journal of the European Union (OJ) on 19 May 2015 and became applicable in Member States on 9 December 2015. On 23 March 2018, Commission Delegated Regulation (EU) 2018/480 (the ELTIF Delegated Regulation) was published in the OJ. The ELTIF Delegated Regulation supplements the ELTIF Regulation by setting out regulatory technical standards (RTS) on the use of financial derivative instruments solely for hedging purposes, the sufficient length of the life
PRACTICE NOTES
Regulation (EU) 2024/1083, the European Media Freedom Act (EMFA) is designed to strengthen media independence and pluralism. To this end, it establishes a common framework for media services in the EU’s internal market, protects journalists and media providers from political interference, and guarantees the right of citizens to access free and pluralistic information. This Practice Note covers the scope of the actors under the EMFA and sheds some light on the new advisory body, the European Board for Media Services. It also outlines the rights and obligations of the actors, in particular the requirements of the regulation for media service providers and providers of Very Large Online Platforms (VLOPs). It further covers the requirements for the design of device and user interfaces, audience measurement systems, the allocation of state advertising funds as well as the rules for assessing media market concentration. The EMFA was published in the Official Journal of the EU (OJEU) on 17 April 2024, entered into force on 7 May 2024 and most of its provisions
NEWS
The European Media Freedom Act (EMFA) has entered into application across the European Union on 8 August 2025, introducing new legal protections for media freedom, independence and pluralism. The Act provides enhanced safeguards for journalists, ensures adequate funding and editorial independence for public service media, prevents unwarranted content removal by large online platforms, and establishes the European Board for Media Services. While most provisions are now active, certain measures relating to users' rights to customise media offerings on devices and interfaces will come into effect on 8 May 2027. The legislation aims to create a stronger and safer media environment within the EU's internal market.
PRACTICE NOTES
This Practice Note provides an overview of the European Social Entrepreneurship Funds (EuSEF) Regulation (EU) 346/2013 (the EuSEF Regulation) as amended by Regulation (EU) 2017/1991, Regulation (EU) 2019/1156 and Regulation (EU) 2023/2869. The EuSEF Regulation is a specialist alternative investment fund (AIF) regime available to alternative investment fund managers (AIFMs) under the Alternative Investment Fund Managers Directive (2011/61/EU) (AIFMD). AIFMs managing qualifying social entrepreneurship funds (QSEFs) may elect to use the ‘EuSEF’ designation for those funds and market them to professional investors and certain high net-worth investors throughout the EU under the EuSEF marketing passport. Objective of the EuSEF Regulation The objective of the EuSEF Regulation is to streamline the process by which social enterprises can raise funds throughout the EU. This aim aligns with the EU’s Europe 2020 strategy for delivering 'smart, sustainable and inclusive growth'. One focus area of the strategy is social entrepreneurship, and the EuSEF Regulation was enacted specifically to 'support the provision of finance to social business in the EU by facilitating the fund-raising activity of funds that are
PRACTICE NOTES
Scope of this Practice Note This Practice Note provides guidance on the European Supervisory Authorities (ESAs): the European Securities and Markets Authority (ESMA), the European Banking Authority (EBA) and the European Insurance and Occupational Pensions Authority (EIOPA), among other things, their roles and general powers to develop draft technical standards, and issue opinions, guidance and recommendations to national supervisors in the EU. The ESAs, together with the European Systemic Risk Board (ESRB) and the national competent authorities (NCAs) of EU Member States make up the European System of Financial Supervision (ESFS). ESAs work with the ESRB to ensure financial stability and to strengthen and enhance the EU supervisory framework and aim to improve co-ordination between national supervisory authorities, and raise standards of national supervision across the EU. The ESAs also issue guidance and recommendations which national supervisors and firms must make every effort to comply with. Where the ESAs believe that a national competent authority (NCA) is failing to apply EU law, or is doing so in a way that appears
PRACTICE NOTES
BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following 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: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime [Archived]. ESRB Background The European Systemic Risk Board (ESRB) emerged out of recommendations following on from the initial stages of the 2007–08 financial crisis. The European Commission wanted to strengthen European Union level financial system supervisory arrangements for consumer protection and to rebuild trust in the financial system. It was felt that supervisory arrangements needed to place greater emphasis on the stability of the financial system holistically and not only on firms or component parts. Legislation establishing the ESRB came into force on 16 December 2010: • Regulation (EU) 1092/2010 of the European Parliament and of the Council of 24/11/2010