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Please join us for a new weekly video series, hosted by Baker McKenzie’s North America Government Enforcement partners Tom Firestone and Jerome Tomas.

This weekly briefing is available on demand and will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need to start your business week.

As one of the largest global law firms, we will call upon our exceptionally deep and broad bench of white collar experts throughout the world and particularly in the commercial hubs of Europe, Asia, Africa and Latin America to join our weekly discussion series.

The COVID-19 crisis has brought into focus the obligations of service providers towards customers with disabilities. In particular, there were reports of some retailers failing to recognise legitimate exceptions to rules regarding wearing face coverings and/or handling enquiries about exemptions with a lack of sensitivity. The issue of “hidden disabilities” became particularly significant in that context. Heavy reliance on online service channels highlighted the importance of ensuring that those services were fully accessible to customers with a range of disabilities, particularly as those channels were tested by a sudden uptick in demand. Older customers and customers with disabilities who relied on online shopping and in-store assistance found that they could not access the same level of support. Reconfiguration of store access to facilitate social distancing required retailers to re-assess whether those arrangements created difficulties for those with mobility and other impairments. The Equality and Human Rights Commission (EHRC) issued some helpful guidance to retailers in response to some of the issues that had arisen.

On 15 January 2021, the Belgian government approved a preliminary federal bill (Bill) transposing the Audiovisual Media Services Directive (AVMSD), which revises the obligations vis-à-vis linear and on-demand audiovisual media service (AVMS) providers and proposes a new regulatory framework for Video-Sharing Platform Services (VSPS). 

This Bill is introduced at the federal legislative level, meaning it will apply with respect to operators providing services that are not exclusively directed to the Dutch- or French-speaking community in the Brussels-Capital Region, complementing the jurisdiction of the Flemish-, French- and German-speaking Communities. The federal media regulator, the Belgian Institute for Postal Services and Telecommunications (BIPT), will remain responsible for the supervision of compliance of the new law.

On 13 January 2021, the Civil Aeronautics Board (CAB) released the “Interim Guidelines on the Rules of Procedure Governing the Conduct of Virtual Hearings Before the Civil Aeronautics Board amending for its purpose the March 13, 2020 Interim Guidelines on the Rules of Procedure Governing Hearings Before the Civil Aeronautics Board during the Effectivity of Resolution No. 11 (Recommendations for the Management of the Coronavirus Disease (COVID-19) Situation)” (“CAB Rules on Virtual Hearings”); access here.

All petitioners applying for permits and licenses (e.g., Renewal of Foreign Air Carrier’s Permits) before the CAB must comply with the CAB Rules on Virtual Hearings while they are in force.

After rulemaking processes that collectively lasted nearly two years and garnered nearly 54,000 cumulative comments, on January 15, 2021, the FAA concurrently published its long-awaited rules on the Remote Identification (“Remote ID”) of Unmanned Aircraft (“Remote ID Rule”) and Operations Over People (“OOP Rule”).  These rules are essential to the advancement of innovative commercial unmanned aircraft systems (“UAS”) applications and the acceleration of routine expanded UAS operations.  The Remote ID Rule establishes a framework for the development of an unmanned traffic management (“UTM”) system that will enable the full integration of UAS into the National Airspace System (“NAS”).  The OOP Rule, which also addresses UAS flights at night, is the first expansion of the FAA’s small UAS (“sUAS”) regulations in 14 C.F.R. Part 107 (“Part 107”) since they went into effect on August 29, 2016.  Our previous summary of the Remote ID Notice of Proposed Rulemaking (“NPRM”) is available here, and our summary of the OOP NPRM is available here.

The Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA) replicates the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) on a bilateral basis. The Canada-UK TCA (signed December 2020) came into force from 1 January 2021 and aims to maintain the status quo in the trade relationship. 

Following four and a half years of often acrimonious negotiations and numerous build ups to a no-deal situation, the EU-UK TCA represents a positive step. While the deal is relatively thin and offers only discrete regulatory reciprocity, overall the TCA is a welcome development in the face of apparent near- political failure to agree on a way forward between the two sides. The life sciences sector has been preparing for no-deal amidst the global coronavirus (COVID-19) pandemic, throughout 2020, and having a deal, however slim, is positive for the sector in providing more fertile political ground for future harmonisation and cooperation