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Passe-Parole

A bi-monthly brief highlighting 5 EU developments impacting the legal sector and creating opportunities to make a difference with EU lawmakers.
By Fiona Murray, Passerelle
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Issue no. 2      18 June 2018

Welcome to this edition of Passe-Parole. We are sending you this brief because we have had contact in the past or because we believe it will be of value to you in your professional role.

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At issue...

New EU rules on e-evidence and on collective redress for consumers, adoption of the 5th Anti-Money Laundering Directive, GDPR, OECD and blockchain plus European Justice Stakeholders Forum news.
 

1

New e-evidence rules

The Commission has issued new measures to make it easier and faster for police and judicial authorities to obtain the evidence, such as e-mails or documents located on the cloud, which they need to investigate, prosecute and convict criminals and terrorists. The measures include a European Production Order and a proposed Directive obliging service providers to designate a legal representative in the EU. The initiatives are part of the EU’s cybersecurity strategy. 
 

2
AI and Blockchain

Artificial intelligence and blockchain were major themes of the OECD's annual forum in Paris, 29 and 30 May 2018, which Passerelle attended. Forthcoming initiatives include a forum on blockchain that will take place in September. On 8 June the OECD’s competition directorate hosted a hearing on blockchain and competition policy. Earlier this year, the EU launched its own initiatives in these sectors including discussion on an appropriate legal framework for AI and an EU Blockchain Observatory and Forum.

3

Collective redress for consumers

The European Commission has launched a package of measures to strengthen consumer rights under EU law. The package includes a proposed Directive on representative actions that will allow a qualified entity, such as a consumer organisation, to seek redress, such as compensation, replacement or repair, on behalf of a group of consumers who have been harmed by an illegal commercial practice.

4

Anti-Money Laundering

During May the EU Council adopted the 5th anti-money laundering Directive. EU Member States have 18 months in which to transpose the Directive into national law. Meanwhile, there is talk of a 6th Directive. The European Parliament’s special tax committee is continuing its programme of hearings and workshops to highlight anti-money laundering and aggressive tax planning practices throughout the EU and its territories.

In Paris, the Financial Action Task Force (FATF), has started the process of updating its 2008 guidelines on the risk based approach for the legal profession.

5

Data protection

On 25 May, the European Commissioner responsible for data protection, Vera Jourova, gave a speech emphasizing that data privacy is a fundamental right for individuals and business, as she marked the entry into force of the EU General Data Protection Regulation (GDPR). In May 2019 the Commission will conduct a stocktaking exercise on the impact of the GDPR in consultation with practitioners.

European Justice Stakeholders Forum news

Upholding the rule of law and democracy are high on the EU agenda. ‘Democracy in the EU’ will be the topic of this year’s annual Commission colloquium on fundamental rights. Building trust in public institutions will be this year’s EU Council rule of dialogue.

Upholding the rule of law is key to effective law and justice in Europe. The EJSF welcomes support for its work in this area. For more information about the Forum and its activities, see our website or contact us here.

The European Justice Stakeholders Forum (EJSF) is a high level platform for funded projects, events and campaigns between the legal profession and the EU law and policy makers on major challenges facing the justice sector, the legal profession and the rule of law.

... in closing


"This year we celebrate the 70th anniversary of the UN Universal Declaration on Human Rights. This is a good opportunity to recall that fundamental rights, democracy and the rule of law are the three pillars that are the bedrock of the European Union. Our Charter of fundamental rights is not optional. The EU institutions are bound by it and so are the MS when implementing EU law." Frans Timmermans, First VP European Commission, on the publication of the annual report on the EU Charter of Fundamental Rights, June 2018
 
Passerelle is a Brussels-based EU affairs consultancy. We help legal practitioners and professionals, law firms and legal associations to engage constructively with the EU institutions on issues relevant for the profession, thus building lasting and trusted partnerships, influence and reputation in Europe. We are founders of and manage the European Justice Stakeholders Forum.
Passe-Parole is published by Passerelle european public affairs
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