During a LinkedIn Live session on 27 September 2023, IAPP Research and Insights Director Joe Jones discussed the latest regulatory law, policy and enforcement developments, and compliance considerations for children’s privacy in the EU, UK, and US with Baker McKenzie’s Elizabeth Denham, Lothar Determann and Jonathan Tam.
The Monetary Singapore Authority of Singapore (MAS) and Infocomm Media Authority (IMDA) published a joint consultation paper, which sets out a Shared Responsibility Framework (SRF) allocating losses arising from scams among financial institutions (FIs), telecommunication operators (telcos) and consumers.
Under the proposed SRF, FIs and telcos will have to fulfill their respective anti-scam duties. Failure to do so may result in the FIs and telcos making payouts to scam victims for certain types of phishing scams.
With the new year comes the 1 January 2024 effective date of the Corporate Transparency Act, which will require approximately 32.6 million US entities to report beneficial ownership information (BOI) to the Treasury’s Financial Crimes Enforcement Network (FinCEN). On 28 September 2023, FinCEN published proposed regulations modifying the BOI Reporting Requirements, which are found in the CTA’s implementing regulations.
On 19 September 2023, the Cabinet of Ministers of Ukraine and the National Bank of Ukraine adopted Regulation No. 1011, introducing a comprehensive methodology to identify the ultimate beneficial owners (UBOs) of legal entities in Ukraine. This significant development aims to enhance transparency and provide detailed guidance on the process of identifying UBOs, with the ultimate goal of ensuring that legal entities in Ukraine are able to correctly identify UBOs within their ownership structure and disclose this information to the competent authorities.
Law no. 137 of 9 October 2023 introduced the offences of Bid Rigging (Article 353 of the Criminal Code), Interference with the Tender Process (Article 353-bis of the Criminal Code) and Fraudulent Transfer of Values (Article 512-bis of the Criminal Code) in the list of predicate crimes pursuant to Legislative Decree no. 231/2001.
The Financial Conduct Authority has issued important new guidance on receipt of market soundings in the latest edition of Market Watch, the FCA’s newsletter on market conduct issues. The FCA’s Market Watch 75 newsletter reminds buy-side firms that they have an obligation to independently assess whether they possess inside information from a market sounding that would prohibit them from trading.
ASIC Corporations and Credit (Amendment) Instrument 2023/589 was registered on 17 October 2023 to amend ASIC Corporations and Credit (Breach Reporting – Reportable Situations) Instrument 2021/716. The amendments modify the current reportable situations regime applicable to Australian financial services licensees and Australian credit licensees and apply from 20 October 2023.
On 5 October 2023, the Canadian Securities Administrators published guidance on dealing in Stablecoins, including by imposing updated terms and conditions for crypto asset trading platforms that offer Stablecoins, and requiring issuers of certain Stablecoins to provide undertakings in a form substantially acceptable to the regulators by 1 December 2023.
Our London Financial Services Regulatory Group recently hosted a webinar where they discussed recent developments about the Mansion House Reforms presented by the Chancellor in July 2023 and what they mean for the industry. We are pleased to share with you a recording of this webinar, for the benefit of those who weren’t able to catch it.
Excerpt: In this article, our lawyers provide an overview of the main trends in the leveraged finance market during a turbulent period, with an M&A backlog and imminent maturities indicating a recovery. They look at changes in borrowing activity, new challenges with new solutions, ESG and digital bonds and consider if a bounce-back is on the horizon.