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Discover thought leadership and legal insights by our legal experts from across CMS. In our Expert Guides, written by CMS lawyers from across the jurisdictions where we operate, we provide you with in-depth legal research and insights that can be read both online and offline. You can also find Law-Now articles with focused legal analysis, commentary and insights to help you anticipate future challenges and much more.



Media type
Expertise
09/11/2022
The ESG chal­lenge is a drive to­wards in­nov­a­tion
This in­ter­view with Ag­nieszka Skoru­p­in­ska first ap­peared in the Fu­ture of Emer­ging Europe: Sus­tain­ab­il­ity Re­port 2022.  A copy of the full re­port is also avail­able to ac­cess here. The ESG chal­lenge is a drive to­wards in­nov­a­tion Due to a vari­ety of his­tor­ic­al factors, sus­tain­ab­il­ity is­sues have con­sti­tuted a sig­ni­fic­ant chal­lenge for the emer­ging Europe re­gion. After the fall of the Ber­lin wall, the situ­ation with re­spect to fore­most en­vir­on­ment­al and so­cial is­sues was dif­fi­cult. The fore­go­ing was es­pe­cially ap­par­ent with re­spect to en­vir­on­ment­al mat­ters as the pre­ser­va­tion of the en­vir­on­ment and its pos­sible im­pact on hu­man health was not a pri­or­ity for the rel­ev­ant au­thor­it­ies and busi­ness dur­ing the com­mun­ist peri­od. While there were many in­dus­tri­al plants in CEE at that time, their equip­ment was out­dated and they were nev­er ser­i­ously re­quired to cut down their en­vir­on­ment­al im­pact. 
09/11/2022
ESG and the en­ergy sec­tor
This art­icle first ap­peared in the Fu­ture of Emer­ging Europe: Sus­tain­ab­il­ity Re­port 2022.  A copy of the full re­port is also avail­able to ac­cess here.De­vel­op­ments in ESG is­sues in emer­ging Europe’s en­ergy sec­tor con­tin­ue apace. En­ergy gen­er­a­tion com­pan­ies, gov­ern­ments, loc­al au­thor­it­ies and con­sumers are all af­fected by the drive to­wards a fu­ture that is less re­li­ant on fossil fuels.
09/11/2022
ESG and the fu­ture of work
This art­icle first ap­peared in the Fu­ture of Emer­ging Europe: Sus­tain­ab­il­ity Re­port 2022. A copy of the full re­port is also avail­able to ac­cess here.ESG is­sues are hav­ing a grow­ing im­pact on how we all work. But what de­vel­op­ments are com­pan­ies im­ple­ment­ing in re­ac­tion to this dy­nam­ic en­vir­on­ment, and what changes might em­ploy­ees have to face in the fu­ture?
09/11/2022
ESG in emer­ging Europe hub
The fo­cus on ESG (en­vir­on­ment­al, so­cial and gov­ernance) in emer­ging Europe has in­creased not­ably fol­low­ing the EU tax­onomy com­ing in­to force at the be­gin­ning of 2022. EU-driv­en ini­ti­at­ives, in­clud­ing policies com­ing out of the European Green Deal (EGD) to fight cli­mate change have star­ted af­fect­ing the in­dustry, and with tight­en­ing reg­u­la­tion as well as re­port­ing and com­pli­ance ob­lig­a­tions, there is cer­tainly more to come. 
08/11/2022
Tech­no­logy Trans­form­a­tion – Me­dia
The me­dia sec­tor is known to be highly com­pet­it­ive, with that com­pet­i­tion driv­ing in­nov­a­tion. Older me­dia busi­nesses have had to grapple with dis­rupt­ive new entrants. And those new entrants are con­stantly work­ing to de­liv­er bet­ter and more en­ga­ging con­tent and user ex­per­i­ences to main­tain their ad­vant­age. Di­git­isa­tion has changed how me­dia com­pan­ies in­ter­act with their audi­ence in ways we could not have ima­gined just a few years ago, but this comes with risk.This re­port is a deep dive in­to the data first pro­duced for the re­port Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape. This saw over 500 cor­por­ate coun­sel and risk man­agers sur­veyed from mul­tiple in­dus­tries across the world. Here we look in de­tail at the 75 re­spond­ents from the me­dia sec­tor, and their per­spect­ives on the risks as­so­ci­ated with busi­ness-crit­ic­al tech­no­lo­gies, in­clud­ing emer­ging tech­no­lo­gies. What did we find? Me­dia is a dy­nam­ic sec­tor and can be an early ad­op­ter of many nov­el tech­no­lo­gies as com­pan­ies push for com­pet­it­ive ad­vant­ages to cre­ate and sat­is­fy cus­tom­er de­mand. As we look to the fu­ture, the sec­tor does seem un­der­prepared in some areas, which is a po­ten­tial cause for con­cern.Down­load the Tech­no­logy Trans­form­a­tion me­dia sec­tor re­port now to read aboutThe prin­cip­al drivers in the ad­op­tion of busi­ness-crit­ic­al tech­no­logy in the me­dia sec­tor­Con­fid­ence in man­aging tech-re­lated risks among seni­or me­dia ex­ec­ut­ivesFu­ture threats from new tech­no­lo­gies like AI and block­chain­Which plans and pro­cesses me­dia com­pan­ies are put­ting in place to pro­tect tech in­fra­struc­ture­Cul­tur­al bar­ri­ers to man­aging tech risks in the me­dia sec­tor­Preferred ap­proaches to dis­pute res­ol­u­tion in the me­dia sec­tor
17/10/2022
Private Ren­ted Sec­tor: a new as­set class in CEE
We are pleased to present the ‘Private Ren­ted Sec­tor: a new as­set class in CEE’, a re­port pub­lished by CMS in co­oper­a­tion with CBRE.
29/09/2022
Boom & Gloom? CMS European M&A Out­look 2023
We are pleased to share with you the 2023 edi­tion of the European M&A Out­look pub­lished by CMS in as­so­ci­ation with Mer­ger­mar­ket.
28/09/2022
CMS Green Globe
Stay in­formed about the latest sus­tain­ab­il­ity claims trends and de­vel­op­ments CMS Green Globe is an in­ter­act­ive plat­form that al­lows busi­nesses and cli­ents to stay aware and duly in­formed about all the main rap­idly chan­ging trends and de­vel­op­ments re­lated to sus­tain­ab­il­ity claims across the world.Here you will find in­form­a­tion on reg­u­la­tion and de­vel­op­ments you need to know when ad­vert­ising and mar­ket­ing your busi­ness or product by us­ing sus­tain­ab­il­ity claims as well as our key ex­perts to sup­port you in nav­ig­at­ing the world of such claims.CMS Green Globe helps you to avoid gre­en­wash­ing your con­sumer in your jur­is­dic­tion as well as across the globe. Dis­cov­er CMS Green Globe Best ex­plored on desktop
08/09/2022
Tech­no­logy Trans­form­a­tion - Con­sumer Products & Re­tail
Di­git­al­isa­tion has trans­formed how con­sumer products are man­u­fac­tured, dis­trib­uted and sold.The push to main­tain a com­pet­it­ive ad­vant­age, drives in­creased in­vest­ment in new tech­no­lo­gies. This in­vest­ment may re­duce op­er­a­tion­al cost and ease the re­ten­tion of leg­acy sys­tems, but what chal­lenges arise and how do busi­nesses ap­proach the chan­ging risk pro­file?This re­port is a deep dive in­to data first pro­duced for the re­port Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape. In the ori­gin­al re­port we sur­veyed over 500 cor­por­ate coun­sel and risk man­agers from mul­tiple in­dus­tries across the world.Here, we look in de­tail at the 75 re­spond­ents sur­veyed in the con­sumer and re­tail sec­tor, and their per­spect­ives on the risks as­so­ci­ated with busi­ness-crit­ic­al tech­no­lo­gies, in­clud­ing emer­ging tech­no­lo­gies. Our sur­vey shows that busi­nesses across the sec­tor, wheth­er re­tail­ers or man­u­fac­tur­ers, have the same con­cerns but the in­flu­ences on the ad­op­tion of tech­no­logy, the res­ult­ing risks, and the ap­proaches taken to mit­ig­ate or re­solve those risks vary de­pend­ing on wheth­er or not the busi­ness in­volves a dir­ect sales re­la­tion­ship with the con­sumer.Down­load the con­sumer and re­tail sec­tor re­port now to read about: Drivers of tech­no­logy ad­op­tion in the con­sumer and re­tail sec­torNew risks emer­ging and tra­di­tion­al bar­ri­ers to risk man­age­ment­Cur­rent tech­no­logy risks in the con­sumer and re­tail sec­tor­Fu­ture risks and meas­ures to deal with themPre­ferred ap­proaches to tech­no­logy dis­pute res­ol­u­tion for the con­sumer and re­tail sec­tor
08/09/2022
VPN and copy­right?
1. What is a VPN? A VPN (Vir­tu­al Private Net­work) is a ser­vice that provides in­ter­net users with both an­onym­ity and pri­vacy while brows­ing the web. It does this by hid­ing users’ IP ad­dress, which iden­ti­fies...
11/08/2022
News in Sus­tain­ab­il­ity Claims
CMS Green Globe
14/07/2022
Leg­al is­sues in the meta­verse
In­tro­duc­tion to the meta­verse In re­cent months, ‘meta­verse’ has be­come a buzzword, fea­tured in nu­mer­ous art­icles and me­dia re­ports, and has even been re­ferred to as web 3.0, without a pre­cise defin­i­tion of what meta­verse is be­ing offered. However, the term is not new: it already ex­is­ted in the 1990s, and in the 2000s com­puter games be­came wide­spread, in which users could live a second life with their avatars, buy vir­tu­al ob­jects, ter­rit­or­ies and even ad­vert­ising space, in a vir­tu­al world built for this pur­pose. Block­chain tech­no­logy has giv­en a fur­ther boost to these de­vel­op­ments, mak­ing it pos­sible to add value to vir­tu­al goods through token­isa­tion and to link the world of cryp­tos to these vir­tu­al worlds, al­low­ing for real-time ex­change and man­age­ment of goods with real eco­nom­ic value. Leg­al is­sues in the meta­verse There are a vari­ety of leg­al is­sues con­cern­ing the meta­verse, es­pe­cially giv­en that it is a meet­ing point for mul­tiple tech­no­lo­gies, re­quir­ing or linked to serv­ers, host­ing, soft­ware, plat­forms, hard­ware and oth­er peri­pher­als (e.g. VR glasses and haptic gloves for sens­ing vir­tu­al ob­jects), con­tent, graph­ics, maps, build­ings, pho­tos, in­ter­faces, as well as block­chain for ac­quir­ing and re­gis­ter­ing token­ised vir­tu­al as­sets. This di­versity also raises a host of leg­al is­sues ran­ging from in­tel­lec­tu­al prop­erty rights to data pro­tec­tion and civil law.In this series of art­icles, we ex­plore the key is­sues con­cern­ing the meta­verse, in­clud­ing:Part 1: What is the meta­verse?Part 2: Trade­marks and copy­right, NFTs and civil law prin­ciples in meta­verseP­art 3: Data pro­tec­tion chal­lenges, the im­port­ance of cy­ber­se­cur­ity, ad­vert­ising reg­u­la­tion in meta­verseP­art 4: Ex­pec­ted im­pact of the EU Ar­ti­fi­cial In­tel­li­gence Reg­u­la­tion, the meta­verse as a work­place