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Our Thinking

EU General Court examines data anonymisation and pseudonymisation

by Leela|13 June 2023|Our Thinking

The EU General Court has overruled the European Data Protection Supervisor and held that pseudonymised data will not be deemed personal data for the purposes of EU data protection law when transferred to a recipient that is unable to link the pseudonyms to identifiable individuals. This recent ruling is seen as positive news for companies […]

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FCA: Improving the fund rules

by Leela|8 June 2023|Our Thinking

Following on from our fourth summary on the Financial Conduct Authority’s (“FCA”) discussion paper titled “Updating and Enhancing the UK Asset Management Regime” (DP23/2), we have produced a fifth and final summary centred on improving the fund rules. The FCA has expressed concern about… Please click here to follow us on LinkedIn to receive the […]

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UK SDR and other regimes

by Leela|6 June 2023|Our Thinking

Following on from our six-part series on the sustainability disclosure regulations established by the Financial Conduct Authority (“FCA“), we look at UK SDR and other regimes. On 25 October 2022, the FCA released a Consultation Paper on UK Sustainability and Disclosure Requirements (“SDR”) and investment labels (CP22/20). This paper compares… For more information on the […]

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ASIC releases updated guidance on reportable situations

by Leela|1 June 2023|Our Thinking

The Australian Securities and Investments Commission (“ASIC“) has revised Regulatory Guide 78, which deals with breach reporting by AFS licensees and credit licensees (“RG 78“), in response to implementation challenges within the regulatory regime. Taking into account feedback from industry stakeholders, ASIC has introduced these changes to provide… Please click here to follow us on LinkedIn to […]

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SDR Deep-dive 6. Distributors

by Leela|18 May 2023|Our Thinking

In our final guide on the sustainability disclosure regulations established by the Financial Conduct Authority (“FCA”), we look at Distributors. The FCA intends to impose a couple of obligations on distributors who offer products to retail investors… For more information on the implementation of UK SDR, Cleveland & Co External in-house counsel™, your specialist outsourced […]

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Are your personal data transfers lawful?

by Leela|17 May 2023|Our Thinking

In June 2021, the European Union (EU) introduced a new set of Standard Contractual Clauses (“SCCs“) for the purpose of transferring EU personal data. The United Kingdom (UK) implemented its own International Data Transfer Agreement (“IDTA“) for the transfer of UK personal data, and established an Addendum to facilitate the transfer of both UK and […]

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FCA: Technology and innovation

by Leela|4 May 2023|Our Thinking

In our fourth summary on the Financial Conduct Authority’s (“FCA“) consultation paper titled “Updating and Enhancing the UK Asset Management Regime” (DP23/2), we build on our previous overview on the structure of the asset management regulatory regime, by highlighting how significant technology and innovation are in financial markets and the operations of financial services firms. […]

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ESAs proposes amendments to RTS under SFDR

by Leela|3 May 2023|Our Thinking

On 12 April 2023, the European Supervisory Authorities (“ESAs“) – comprising the European Securities and Markets Authority (“ESMA”), the European Insurance and Occupational Pensions Authority (“EIOPA”), and the European Banking Authority (“EBA”) – published a joint consultation paper. The paper proposes amendments to… Please click here to follow us on LinkedIn to receive the latest […]

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SDR Deep-dive 5. Anti-Greenwashing Rule

by Leela|2 May 2023|Our Thinking

In the fifth instalment of our series of six comprehensive guides on the FCA’s sustainability disclosure regulations, we focus on the Anti-Greenwashing Rule. The FCA’s proposal in the Consultation Paper provides rules in which firms will need to take into consideration in order to prevent greenwashing of products and services… For more information on the […]

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FCA: The structure of the asset management regulatory regime

by Leela|27 April 2023|Our Thinking

Expanding on our previous overview of the Financial Conduct Authority’s (“FCA”) consultation paper titled “Updating and Enhancing the UK Asset Management Regime” (DP23/2), which focused on improving the way the asset management regime works, we have produced a subsequent summary that emphasises the structure of the asset management regulatory regime. The asset management regulatory regime […]

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