Spanish authority takes hard line on refusal to deal with independent repairers

August 30, 2016 By: and

The Spanish authority fined car-wash equipment maker Istobal €638,770 (2% of its Spanish revenue) for denial of parts and data to independent repairers.

Australian Privacy Principles: Key Messages from the Ashley Madison Investigation

The Australian Privacy Commissioner has released a joint report with the Privacy Commissioner of Canada regarding the data breach in 2015 that occurred to a dating website operator's system

Help! My employee is a terrorist!

August 26, 2016 By:

"He is such a nice guy - quiet, but always willing to assist." said one surprised co-worker when the police handcuffed her colleague. No-one had any reason to suspect that he would be arrested for terrorism.

The DOJ’s Swiss Bank Program – Lessons Learned and the Road Ahead

Earlier this year, the US Department of Justice (DOJ) entered into its 80th, and final, non-prosecution agreement with a Swiss bank as part of its groundbreaking program to combat offshore tax evasion in Switzerland and beyond.

China’s New Judicial Interpretation Clarifies Criteria and Punishment for Bribery Offences

August 17, 2016 By: , and

The Supreme People’s Court and the Supreme People’s Procuratorate’s have released the Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases Related to Graft and Bribery which includes clarifying sentencing criteria for official and commercial bribery offences.

Open for Business: The U.S. Department of Commerce Begins Acceptance of Certifications to the EU-U.S. Privacy Shield

As of August 1, 2016, U.S. companies can now self-certify compliance to the EU-U.S. Privacy Shield to the U.S. Department of Commerce

Self-disclosure of Corruption Offenses To the U.S. and U.K. Authorities: Where Are We Now?

Companies that discover instances of corruption within their organization face the complex and uncertain task of weighing up the potential benefits of making a voluntary selfdisclosure to prosecutors against the risk of otherwise being prosecuted.

Tax Police Will No Longer Be Able to Institute Tax Evasion Criminal Investigations before Courts Had Ruled on Disputed Tax Assessments

August 10, 2016 By: and

The State Fiscal Service of Ukraine introduced amendments to the Order of State Fiscal Service of Ukraine with a view to reforming the procedures for instituting the tax evasion criminal investigations.

NEWS FROM ASIA PACIFIC

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Australian Privacy Principles: Key Messages from the Ashley Madison Investigation

The Australian Privacy Commissioner has released a joint report with the Privacy Commissioner of Canada regarding the data breach in 2015 that occurred to a dating website operator's system

China’s New Judicial Interpretation Clarifies Criteria and Punishment for Bribery Offences

The Supreme People’s Court and the Supreme People’s Procuratorate’s have released the Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases Related to Graft and Bribery which includes clarifying sentencing criteria for official and commercial bribery offences.

Hong Kong Competition Ordinance: Six Months On

More than six months have passed since the full implementation of the Hong Kong Competition Ordinance on 14 December 2015. We highlight the most significant developments over the past six months.

China Introduces New Transfer Pricing Documentation Rules to Implement BEPS Country-by-Country Reporting

On 13 July 2016, the State Administration of Taxation finally released the long-awaited Bulletin 421 to revise the transfer pricing documentation requirements under Circular 22.

China Antitrust: consultation on new and clearer penalty guidelines

China’s National Development and Reform Commission published Draft Guidelines on the Determination of Illegal Gains and Fines in Relation to Business Operators’ Monopolistic Conduct for public consultation.

ANTI-CORRUPTION

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China’s New Judicial Interpretation Clarifies Criteria and Punishment for Bribery Offences

August 17, 2016

The Supreme People’s Court and the Supreme People’s Procuratorate’s have released the Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases Related to Graft and Bribery which includes clarifying sentencing criteria for official and commercial bribery offences.

Self-disclosure of Corruption Offenses To the U.S. and U.K. Authorities: Where Are We Now?

Companies that discover instances of corruption within their organization face the complex and uncertain task of weighing up the potential benefits of making a voluntary selfdisclosure to prosecutors against the risk of otherwise being prosecuted.

New Anticorruption Laws in Mexico

On July 18th, 2016, the Mexican President promulgated the legislation package that gives rise to the Anticorruption National System, which includes the General Law for the Anticorruption National System.

TI Report on Reducing Risks of Corruption Associated with Use of Agents in Defense Contracts

Transparency International UK’s Defence and Security Programme launched Licence to bribe? Reducing corruption risks around the use of agents in defence procurement, a continuation of its longstanding efforts to combat corruption in the defense industry

UK Serious Fraud Office secures second Deferred Prosecution Agreement

This second DPA offers another helpful insight into the approach of the SFO and the judiciary to this developing and important area of criminal enforcement.

ANTITRUST

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Spanish authority takes hard line on refusal to deal with independent repairers

August 30, 2016

The Spanish authority fined car-wash equipment maker Istobal €638,770 (2% of its Spanish revenue) for denial of parts and data to independent repairers.

Germany Proposes Transaction Value Threshold to Require Notification of High Value Deals Even with No/De Minimis Sales in Germany

the Federal Ministry of Economics proposed a far reaching change to German merger notification thresholds making it one of the few jurisdictions worldwide that take jurisdiction based on the size of the transaction, no matter how trivial the sales of the target are in Germany

US Federal Trade Commission Raises Maximum Civil Penalties To Account For Inflation

The US Federal Trade Commission announced that, effective on August 1, 2016, the civil penalties for various violations of the Clayton and FTC Act will be increased.

Hong Kong Competition Ordinance: Six Months On

More than six months have passed since the full implementation of the Hong Kong Competition Ordinance on 14 December 2015. We highlight the most significant developments over the past six months.

ECJ: when can a third party can get you on the hook for a cartel fine?

In VM Remonts, the EU Court of Justice ruled for the first time on whether a company can be liable for competition law infringements that resulted from the actions of a third party service provider that was not an agent of the company and was taking initiatives that clearly exceeded the tasks assigned to it.

Sanctions

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Developments on the State of Emergency in Turkey: New Executive Order Enters into Force

August 1, 2016

On Saturday, July 23, 2016, the Council of Ministers issued an executive order to take measures to reestablish public security and to eliminate threats against national security during the state of emergency

UK votes “leave”

It was today announced that, on 23 June 2016, the British public voted in favour of a so-called “Brexit”, or exit from the European Union

EU political agreement on framework to stop financing armed groups through trade in conflict minerals

EU institutions agreed on a framework for an EU Regulation designed to ensure that minerals entering the EU have been sourced responsibly and without funding conflict and human rights abuses.

U.S. Government Takes Additional Steps to Relax Comprehensive Embargo of Cuba

On March 15, 2016, the U.S. OFAC and the U.S. BIS announced further amendments to the Cuban Assets Control Regulations and the Export Administration Regulations, in a continuing effort to chip away at the decades-old embargo.

Proposed Amendments to the PRC Anti-Unfair Competition Law Provide Greater Clarity on Commercial Bribery and Impose Tougher Sanctions

The PRC State Council released for public consultation draft amendments ("Draft Amendments") to the PRC Anti-Unfair Competition Law ("AUCL"), the first time after more than 20 years since the AUCL’s enactment.

Data Privacy

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EU General Data Protection (GDPR) Game Plan Series – Part 3

June 8, 2016

Welcome to Part 3 of the Baker & McKenzie GDPR Game Plan Series! On 25 May 2016, the GDPR finally entered into force. It will start to apply as of 25 May 2018 giving organisations two years to come into compliance.

What every multinational company should know about the WP29 EU-U.S. Privacy Shield

The Working Party of European Union Data Protection Authorities identified concerns with the Privacy Shield, and recommended clarifications and improvements to the text.

Attorney-Client Privilege And A Law Firm Leak

Earlier this month, reports emerged of a massive leak of documents that appear to have been stolen from a non-U.S. law firm. This is only the latest instance of confidential attorney files leaking into the public arena. The U.S. Department of Justice has already announced that it is investigating potential violations of law.