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On 1 November 2023, the Board of the General Authority for Competition announced that new financial thresholds would apply to determine whether a transaction is reportable to the Authority. By implementing such change, the aim of the Authority is to provide further clarity on the local nexus test required for a transaction to be notifiable to the Authority and to align the Saudi merger control regime further with international standards.

On 28 August 2023, the Minister of Trade, Industry, and Competition published proposed amendments (the Companies Amendment Bill and Companies Second Amendment Bill) to the Companies Act No. 71 of 2008. We have set out a summary of certain of these amendments, which, in our view, are noteworthy, as well as our views on these amendments.

On 13 September 2023, the Communication Space & Technology Commission of Saudi Arabia proposed a draft law on Global Digital Content Safe Harbor. The proposed law is aimed at providing a legal framework for intermediary service providers hosting and transiting global digital content in Saudi Arabia in a way that ensures no objection, deletion or modification of content hosted in and accessible within the Kingdom. If adopted, the effect of the draft law may be significant as it seeks to create a more favorable environment for investment in the Kingdom’s digital economy, and it would align the local legal framework with the international best practices.

Join us for an interactive session facilitated by Ben Allgrove, Baker McKenzie’s Chief Innovation Officer, that will touch on some of the compliance and governance risks around adopting AI from a contracting or transactional perspective on 1 and 2 November 2023 at Baker McKenzie, Al Fattan Currency House, Tower 2, Level 16, Dubai International Financial Centre (DIFC).

In the case of Lance Dickson Construction CC v. Commissioner for the South African Revenue Service, the High Court had to determine whether the Tax Court’s confirmation of SARS’ decision to levy understatement penalties was correct. This article discusses the decisions made by the Tax Court and, subsequently, the High Court, which have important implications for taxpayers, SARS, the courts, and tax practitioners in South Africa.

On 3 July 2023, the UAE issued Cabinet Decision No. 66 of 2023 concerning the Executive Regulations of Federal Law No. 15 of 2020 on Consumer Protection. The most prominent changes in the Executive Regulations include the additional safeguards granted to customers and guidance on prohibited clauses and conditions to be included in contracts and Terms & Conditions with customers. With the widespread use of e-commerce globally, the Executive Regulations have also brought e-commerce providers under its remit and placed additional responsibilities on such providers.

Blockchain’s interface with traditional institutions and financial systems provides revenue authorities with a digital trail, and with the growing risk of tax evasion and fraud in crypto-investments, authorities are incentivized to pursue recalcitrant taxpayers. Aside from good governance considerations, the financial risks of tax non-compliance are high. This article looks at recent developments in tax regulations for cryptocurrency in South Africa.

The Broad-Based Black Economic Empowerment Act and its regulations govern the effective participation of black people in the South African economy. They aim to redress the historic economic inequalities as a result of apartheid, which excluded a large portion of the South African population, being black people, from the primary economy. The impact of apartheid was particularly damaging to the ability of black women to meaningfully participate in the economy.