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22/03/2024
EU Competition Law Briefings 2024
The EU Competition Law Briefings have been created to provide a platform for our clients and other competition law experts to stay up to date on the developments of EU Competition Law. Every month CMS competition experts will present a recent case by the EU Commission or Community Courts during a webinar.
21/03/2024
Green derivatives demystified: Legal insights into sustainable finance
Join us for an insightful webinar as we explore the future of finance, focusing on sustainable investment and carbon offsetting strategies to support your business decisions.This webinar will be of particular value for project investment bankers, private equity investors, and companies in the energy and large manufacturing sectors, looking to enhance their strategies with sustainable and financially savvy solutions.The webinar will cover the following topics and will conclude with a Q&A ses­sion:Sus­tain­ab­il­ity-linked derivatives (SLD)Financial power purchase agree­ments­Man­dat­ory carbon offset: EU emission al­low­ances­Vol­un­tary carbon offset
13/03/2024
Cross-border Financial Services 2024 webinar series
We're delighted to announce the launch of our third season of international webinars focusing on financial regulation, starting on 13 March 2024.Wheth­er you are an in-house lawyer, compliance officer, financial analyst, risk manager, or any other professional concerned with maintaining the integrity of your organisation's financial practices, this series offers succinct 20-30 minute overviews of key industry trends and regulatory concerns across mul­tiple jur­is­dic­tions.If you have any additional topics that you would like us to add or address at one of the webinars, please contact us. Upcoming Webinars: 13 March: Spotting and avoiding red flags  What are the warning signals from firms that regulators act on?  How can you spot and address them before the regulator pounces?3 April: Handling a regulatory in­vest­ig­a­tion  How a firm can understand the regulator’s concerns and manage the investigation process.8 May: Financial crime  Sanc­tions, money laundering, market abuse and fraud - what are the key issues in your jurisdiction and what are the regulators focusing on.5 June: Preparing for a regulatory visit  How the banking regulator assesses a firm’s systems and controls: what to prepare and what to look out for.3 July: Handling a challenging ap­plic­a­tion  Your application for a licence, product approval or change in control is meeting with regulatory resistance.  How can you surmount these challenges?31 July: Dawn Raids  Un­an­nounced regulator visits are on the increase.  We look at what triggers a dawn raid, your rights if one happens, and how best to manage the consequences.4 September: Navigating the global ESG land­scape Is the regulatory reporting jigsaw puzzle causing more harm than good? We will provide an overview of the main cross-border issues impacting global financial institutions as they seek to manage ever expanding ESG regulations and discuss whether these rules are helping or hindering the action we need for change.The language of the webinar will be English.
29/02/2024
Germany: Effective activation of apps on prescription: Regulator tells...
On 26 February 2024 a deadline ended that could prove important to manufacturers of digital health applications () in Germany. The German regulator in this space, the Federal Office for Social Security (, BAS), had urged health insurance funds to amend their operating procedures to ensure that apps on prescription can be activated effectively by patients. The claim of patients to DiGA was implemented in German law by the Digital Healthcare Act of 3 June 2021. DiGA supplement the catalogue of possible treatments in the event of illness for which the costs are covered by the public health insurance funds. A DiGA can be provided either after a doctor's prescription or after approval by the health insurance fund. Even if a DiGA is prescribed by a doctor, the respective health insurance fund is still involved in the process. Because the patient receives the activation code for the prescribed DiGA from the health insurance fund on presentation of the prescription. Only then can the insured person download the app or open the web application. It has become established practice for health insurance funds companies to check the economic necessity of prescribing the DiGA, and, if it considers the provision of the DiGA not economically reasonable, to restrict the insured person's access to the DiGA. This may obviously be contradictory to the prescription made by the treating doctor and this clash with the medical assessment. For patients, such subsequent and unpredictable access restriction can lead to a negation of care, although the legislator originally intended that insured persons should be able to contact the developer directly without the intermediary of the health insurance fund. For DiGA manufacturers the practice can entail a potential loss of revenue. The practice established by several public health insurance funds had been controversially discussed in 2023 already. In June 2023 the BAS published a first statement in this context (see here: . In November 2023 it reiterated its position, pointing out that health insurance funds are generally prohibited from interfering with the doctor's decision to prescribe (see here: ). In individual cases - if there are justified doubts about the necessity or cost-ef­fect­ive­ness of the prescription - they have the option of submitting the doctor's prescription to the independent Medical Service () for examination as to its necessity. However, they do not have their own substantive right of review. This is a strong and unusual signal to  the health insurance funds. The BAS has explicitly asked them to amend their operating procedures and to hand in their modified procedures to BAS by 26 February 2024. It will be interesting and of high practical relevance to see how the insurance funds react and whether the process of activating apps on prescription will be run more smoothly soon.
29/02/2024
CMS Expert Guide to plastics and packaging laws
Plastics and packaging have attracted  consumer, media and legislative interest over recent years with an array of laws being proposed to incentivise behavioural and design change. Significant reforms...
Comparable
29/02/2024
CMS Expert Guide to renewable energy
The is now many decades old and considered a mature investment sector by many. Yet the issues it faces continue to evolve and grow at pace with the evolution and growth of the sector itself. Some of the...
29/02/2024
CMS Expert Guide to real estate finance law
A clear understanding of the security available is fundamental for lenders and borrowers. To assist, CMS has launched an interactive International Guide to Real Estate Finance. This provides a clear and...
26/02/2024
CMS at Mobile World Congress
CMS lawyers are pleased to be attending the Mobile World Congress held in Barcelona on 26 – 29 February.  Below you can find an overview of our attending partners, representing a large range of jurisdictions and practice areas. To arrange a meeting, please contact the individual lawyers directly.At CMS, we are proud to have some of the leading global legal specialists in the technology, media and communications sector. Fuelled by huge customer demand for cutting-edge products and increased supply of pioneering services, the sectors of technology, media and communications have each undergone unprecedented change. Innovation is key, and so tech and telecoms suppliers, and creators and distributors of media, need to protect their investments and maximise their commercial op­por­tun­it­ies.Our global team of over 800 specialist Technology, Media and Communications (TMC) lawyers has been exposed to virtually every risk and challenge you face. With our long-standing focus on advising players, users, regulators and financiers in the sector we are best placed to deliver innovative solutions through our award-winning disputes, transactions, IP, commercial, data privacy and security, employment and tax practices.To find out more about CMS Technology, Media and Communications cap­ab­il­it­ies, vis­it our webpage belowLearn more about TMCFor further information, please see our partners attending the congress in the gallery below and an overview of all our expertise areas.
19/02/2024
CMS Expert Guide on Taxation of Crypto-Assets
Welcome to our comprehensive online guide to taxation of crypto-assets! In this guide, we provide detailed information on individual income tax rules for residents in different jurisdictions, including...
Comparable
14/02/2024
CMS Expert Guide to recognition and enforcement of judgements
Right knows no boundaries, and justice no frontiers; the brotherhood of man is not a domestic in­sti­tu­tion. (Amer­ic­an judge, 1872 – 1961)In­ter­na­tion­al clients who have successfully obtained a judicial...
12/02/2024
CMS Expert Guide to popular investment vehicles
The selection of a vehicle has a number of common themes including the location of the assets, management and the investors. Funds targeted at local investors and markets will frequently involve suitable...
Comparable
09/02/2024
CMS Expert Guide for State Aid
State aid is a highly technical area of EU law and has generated a wide range of evolving case law. Compliance with State aid rules is therefore an issue in any public intervention that involves State...