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New Teleworking Rules to Limit Further Spread of COVID-19
ALTIUS/Tiberghien, October 2020

Introduction On 16 October 2020 the government reinforced the urgent measures to limit the further spread of COVID-19. Teleworking is no longer highly recommended, but has become the standard for all employees whose roles allow for telework. Yet, the new rule is less far-reaching than that in place during the first lockdown in March 2020, as an exception now applies when the continuity of business operations, activities and services does not allow for teleworking...

Additional Fiscal Measures in the Context of COVID-19 - Tax Flash no.16/2020
Nestor Nestor Diculescu Kingston Petersen, October 2020

27.10.2020 –Emergency Ordinance no...

Revised Data Protection Act Approved
Walder Wyss Ltd., October 2020

On 25 September 2020 Parliament approved the final draft of the revised Data Protection Act (rev-DPA).(1) The rev-DPA is expected to enter into force in 2022. However, it is subject to a facultative referendum and the corresponding ordinance will be adapted accordingly – thus, the rev-DPA is still a work in progress...

Arendt Weekly Update - 16 October 2020
Arendt & Medernach, October 2020

The Arendt Weekly Update is a newsletter designed to give you the insight you need without overloading your mailbox. It lists the latest news, topical webinars, training courses and more. NEWSFLASHES   Budget 2021: various tax measures to address the impact of the COVID-19 pandemic and support a sustainable recovery On 14 October 2020, the Luxembourg government filed the budget bill 7666 with the Luxembourg parliament...

The Impact of VAT on Your Business in China
PLMJ, October 2020

Defining your strategy and analysing the market are crucial when making the decision to invest in China, but the tax efficiency of the business has its own specific issues and investors should not neglect them either. The Chinese tax system has particular characteristics that you must get to know before investing. In this informative note, we will address some basic aspects of value added tax and the invoicing system...

Supervision by Banco de Portugal of Activities Involving Virtual Assets
PLMJ, October 2020

Law 58/2020 of 31 August implements into Portuguese law Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing. It enshrines in the Portuguese legal framework a first approach to the regulation of entities that engage in activities with virtual assets...

Arendt Weekly Update - 9 October 2020
Arendt & Medernach, October 2020

 The Arendt Weekly Update is a newsletter designed to give you the insight you need without overloading your mailbox. It lists the latest news, topical webinars, training courses and more...

Hyperlinking and Copyright Law: When Does the Copyright Holder Have a Say In It?
ALTIUS/Tiberghien, October 2020

The functioning of the World Wide Web is in many ways dependent on the use of hyperlinks. Many of those hyperlinks refer to works protected by copyright. In his recent Opinion, Advocate General Szpunar has considered which kinds of hyperlinks should be regarded as a communication to the public that require the copyright holder’s prior authorisation...

Coronavirus: Financing Moratoriums
PLMJ, October 2020

To combat the economic consequences of the COVID-19 pandemic, the government approved Decree-Law 10-J/2020 of March 26 (the “Decree-Law”). The Decree-Law established a set of economic measures to protect liquidity and treasury, and in this document, we focus on the financing moratorium...

Last Call to Implement Electronic Voting and/or Voting by Letter for Covid-Proof Social Elections
ALTIUS/Tiberghien, October 2020

 In principle, the decision to vote electronically should have been taken as early as February 2020, at a time when few had ever heard of Covid-19. Companies that did not do so at that time but, as a result of Covid-19, would like to do so now for security reasons or because their staff still (mostly) work from home, have been given the opportunity to still introduce electronic voting. However, they have to reach an agreement on this issue at the latest on day X + 56 (i.e...

German Insolvency Law: COVID-19-Suspension of Duty to File for Insolvency Ended on 30 September 2020 for Illiquid Companies
Heuking Kühn Lüer Wojtek, October 2020

Over-indebted companies still exempted from filing duty until 31 December 2020COVID-19-affected companies to benefit from easier access to protective shield proceedings and preventive restructuring schemes/ regimes as from 1 January 2021 Two German legislative initiatives taken in September 2020 will have an immediate impact on the options available to restructure a business under German law: DUTY TO FILE FOR INSOLVENCY RE-INSTATED FOR ILLIQUID COMPANIES AS OF 1 OCTOBER 2020; SUSPENSIO

Russian Bankruptcy Moratorium Extended until January, 2021
ALRUD Law Firm, October 2020

This is to inform you that the Resolution of the Government of the Russian Federation dated October 01, 2020 No. 1587, has extended the moratorium on bankruptcy of companies, at the request of their credi-tors, until January 07, 2021. In this regard, we would like to draw your attention to the key provisions related to the moratorium re-gime and its extension. 1. Moratorium – the first results...

Management of Occupational Safety and Data Protection Risks Arising During Work from Home - Part 2
Szecskay Attorneys at Law, October 2020

Part 2 of this series is about data protection. In case of questions, please contact Zoltán Balázs Kovács. How do you secure data in the home office environment? What policies should be in place to secure data and devices? What does a data breach mean? Employers must comply with the principle of accountability and demonstrate compliance (including by way of applying proper internal policies). This is important also from the perspective of data security...

COVID-19: New Record-Keeping Obligation and Compliance Check Relating to Foreign Workers and Self-Employed Individuals
ALTIUS/Tiberghien, September 2020

As part of some new measures that aim to reduce the spread of COVID-19, the government has imposed a new record-keeping obligation on certain employers and users which temporarily rely on foreign employees or self-employed individuals. In-scope employers and users must also verify whether the foreign employees and self-employed individuals have duly completed the passenger locator form. These new obligations apply from 24 August 2020 until 31 October 2020, but will likely be extended...

Contractual Reference to a Collective Agreement
Heuking Kühn Lüer Wojtek, September 2020

BAG, ruling dated May 13, 2020, 4 AZR 528/19 The employee's remuneration, referred to in an employment contract as "collectively agreed salary" is to be understood as a "dynamic reference clause". If a reference "to the collective agreements applicable for the Company" has been agreed upon in the employment contract, this reference is limited to the binding collective agreements applicable for the employer at the time the contract is concluded...

Employees Duties of Conduct in the Privacy in Times of Corona
Heuking Kühn Lüer Wojtek, September 2020

Since the beginning of the COVID-19 pandemic, the media has repeatedly reported about terminations by the employer, which are based on the fact that employees did not adhere to corona measures during their leisure time, for example because they took part in large anti-corona demonstrations and disregarded the distance rule or were associated with anti-constitutional ideas...

Management of Occupational Safety and Data Protection Risks Arising During Work from Home Part 1
Szecskay Attorneys at Law, September 2020

Part 1 of this series discusses labour law and labour safety issues. What is it that has changed regarding home office and teleworking because of Covid-19? What can we expect in the future? How can employers prepare for the “new normal” and how can employees manage things from their side? Before Covid-19, teleworking and working from home in Hungary represented a percentage of 1.2 among employees aged between 15-64, according to Eurostat...

New Measures to Prevent and Combat Money Laundering and Terrorist Financing
PLMJ, September 2020

Law 58/2020 came into force on 1 September 2020 and it implements into Portuguese law: Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for money laundering or terrorist financing, commonly known as the 5th Anti-Money Laundering Directive; and Directive (EU) 2018/1673 of the European Parliament and the Council of 23 October 2018 on combating money laundering by cr

Shareholder Rights Directive II Transposition
PLMJ, September 2020

Law 50/2020 of 25 August transposed into Portuguese national law Directive (EU) 2017/828 of the European Parliament and the Council of 17 May 2017 as regards the encouragement of long-term shareholder engagement. This directive is known as the Shareholder Rights Directive II and it amends the previous Directive 2007/36/EC of the European Parliament and the Council of 11 July 2007...

EU and Competition Law News - Competition Law and Policy 2nd Quarter 2020
PLMJ, September 2020

I. Portuguese Competition Authority Portuguese Competition Authority publishes final version of its analysis of loyalty policies in telecommunication contracts In April 2020, the Portuguese Competition Authority (PCA) published the final version of its report on "Loyalty policies in telecommunication services"...

Change in the Frequency of Mandatory Communications to the IMPIC
PLMJ, September 2020

Law 58/2020 of 31 August implemented Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 and Directive (EU) 2018/1673 of the European Parliament and of the Council of 23October 2018 into Portuguese law. The new law entered into force on 1 September 2020 and introduced considerable changes to the existing rules in order to implement new measures to prevent and combat money laundering and terrorist financing in the Portuguese legal system...

Companies Still Permitted to Hold Meetings Without Physical Attendance Until 31 December 2020
Arendt & Medernach, September 2020

THE LAW OF 23 SEPTEMBER 2020 REGARDING MEASURES GOVERNING HOW COMPANIES AND OTHER LEGAL ENTITIES ARE PERMITTED TO HOLD MEETINGS HAS BEEN PUBLISHED IN THE LUXEMBOURG OFFICIAL JOURNAL. This law enables companies and other legal entities (such as ASBLs) to hold general meetings and other meetings of the company’s corporate bodies without the need for physical attendance, even where this is not provided for in the company’s articles of association...

First Draft Bill Implementing EU Directive 2019/1023 on Preventive Restructuring Frameworks and Improving the Instruments Introduced by ESUG in 2012, with a Focus on Self-Administration
Heuking Kühn Lüer Wojtek, September 2020

BUSINESS STABILIZATION AND RESTRUCTURING ACT (STARUG) On 18 September 2020, the German Federal Department of Justice published a first draft bill for the implementation of the EU Directive 2019/1023 on preventive restructuring frameworks of 20 June 2019 (the „Draft Bill“)...

Angola Coronavirus: Update of Public Calamity Situation Measures
PLMJ, September 2020

Presidential Decree no. 229/20 of 8 September 2020 has been published and its aim is to reassess the measures imposed by Presidential Decree no. 142/20, considering the evolution of the epidemiological situation. The new decree renews most of the measures already in force, although it also eases some restrictions...

Cyberbullying and Remote Working – What Employers Need to Know
Shoosmiths LLP, September 2020

Sadly, bullying and harassment in the workplace is nothing new. Indeed, a 2020 study found that 15% of people surveyed had been a victim of workplace bullying. Conversely, cyberbullying in the workplace is a relatively new phenomenon but it’s on the rise. What exactly is cyberbullying? Simply put, cyberbullying is any bullying, harassment or victimisation that involves a computer, phone or tablet...

 

 

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