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14 June 2021
En­ergy Trans­ition: The evolving role of oil & gas com­pan­ies in a net-zero...
After an ex­traordin­ary year of health and eco­nom­ic chal­lenges, the glob­al oil and gas sec­tor has an es­sen­tial role to play in the eco­nom­ic re­cov­ery. The same could how­ever be said of any eco­nom­ic re­cov­ery and ex­pan­sion over the past 100 years – dur­ing this time oil and gas com­pan­ies have provided most of the primary en­ergy that has fuelled huge eco­nom­ic growth. But this time does look dif­fer­ent. The oil and gas sec­tor will power eco­nom­ic re­cov­ery not just through oil and gas ex­plor­a­tion and pro­duc­tion, but also (and per­haps counter-in­tu­it­ively to some) through fa­cil­it­at­ing the trans­ition to a lower-car­bon eco­nomy and even­tu­ally a net zero fu­ture. This re­port presents a wide-ran­ging re­view of the role of oil and gas com­pan­ies in that fu­ture.
11 June 2021
EDPB is­sues Re­com­mend­a­tion on cred­it card data stor­age for one-click pay­ments
The European Data Pro­tec­tion Board (EDPB) has ad­op­ted a new re­com­mend­a­tion on the leg­al basis for the stor­age of cred­it card data by e-com­merce mer­chants for the pur­pose of one-click pay­ment of fur­ther...
11 June 2021
How can busi­nesses pro­tect their trade secrets in a hy­brid work­ing world?
As the num­ber of people vac­cin­ated against COV­ID-19 stead­ily in­creases, many em­ploy­ers are start­ing to turn their minds to a re­turn to the work­place. However, it’s un­likely that we will be re­turn­ing...
11 June 2021
European Com­mis­sion’s IoT Sec­tor In­quiry: Pre­lim­in­ary Re­port pub­lished,...
On 9 June 2021, the European Com­mis­sion pub­lished its Pre­lim­in­ary Re­port on the con­sumer In­ter­net of Things (the “IoT”) Sec­tor In­quiry which it launched last sum­mer (see press re­lease here and Q&As...
10/06/2021
CMS ad­vises Coren­don on rebrand­ing Man­grove Beach Coren­don Cur­a­cao Re­sort
CMS ad­vised Coren­don on a fran­chise agree­ment with Hilton in re­la­tion to the rebrand­ing of the Man­grove Beach Coren­don Cur­a­cao Re­sort in­to a Curio Col­lec­tion by Hilton re­sort. Man­grove Beach Coren­don...
09 June 2021
Open secrets? Guard­ing value in the in­tan­gible eco­nomy
Some leaks can’t be fixed “Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This, from the so-called Spycatch­er case (1987), ap­plies well to cor­por­ate as­sets: fail to store them cor­rectly and all you might have left is an ex­pens­ive mess.The con­sequences of even a minor ex­pos­ure of a trade secret can be huge. As this re­port re­veals, the pro­tec­tion of trade secrets is rightly re­cog­nised by most seni­or ex­ec­ut­ives as a pri­or­ity is­sue. But the re­search also re­veals gaps that leave com­pan­ies un­ne­ces­sar­ily ex­posed to risks. The top named threats – cy­ber­se­cur­ity at­tacks and em­ploy­ee leaks – res­on­ate with what we see im­pact­ing our cli­ents. In­creased home and re­mote work­ing is strain­ing se­cur­ity meas­ures and em­ploy­ee loy­alty. Ad­ded to this, an ‘in­nov­ate or die’ at­ti­tude in highly-com­pet­it­ive sec­tors can mo­tiv­ate new join­ers to ar­rive with ques­tion­able ma­ter­i­al from their pre­vi­ous em­ploy­er, or worse: out­right theft between com­pet­it­ors. But while it is easy to fo­cus on the lurk­ing threats from weakened cy­ber se­cur­ity and dis­gruntled em­ploy­ees – and they are im­port­ant – there are more routine ac­tions a com­pany can take to safe­guard its secrets than just up­dat­ing its IT sys­tems or the em­ploy­ee hand­book. Com­monly, those who most need our help already have a trade secrets policy but have not prop­erly im­ple­men­ted it in re­la­tion to the secret in ques­tion. Or the policy has not been up­dated to re­flect the in­tan­gible as­sets the busi­ness now owns. Or pro­tec­tion was taken for gran­ted.With trade secrets – which for many busi­nesses are stra­tegic­ally more im­port­ant than a pub­lic pat­ent port­fo­lio – it is al­ways cost­li­er and messi­er to find solu­tions after a theft or a leak. Identi­fy­ing the trade secrets and the threats posed to them, com­bined with rig­or­ous in­tern­al pro­cesses and well-draf­ted con­tracts, can help pre­vent such prob­lems from hap­pen­ing. Harder, but just as ne­ces­sary, is en­ga­ging hearts and minds in cor­por­ate cul­ture, to know why trade secrets are im­port­ant, why we are all are re­spons­ible for pro­tect­ing them, and what may hap­pen if we do not (to both the com­pany and the in­di­vidu­al). In our ex­per­i­ence, the busi­nesses with the strongest de­fences have not only thought stra­tegic­ally about their in­tan­gible as­sets and how best to pro­tect them but are also pre­pared for the worst. The trick to avoid­ing an as­set be­com­ing a crisis is to be wise be­fore the event.Tom Scourfield, Co-Head, In­tel­lec­tu­al Prop­erty Group, CMS
08 June 2021
Trade secrets in the Neth­er­lands
Gen­er­al 1. Has the Dir­ect­ive (EU) 2016/943 of the European Par­lia­ment and of the Coun­cil of 8 June 2016 on the pro­tec­tion of un­dis­closed know-how and busi­ness in­form­a­tion (trade secrets) against their...
Comparable
08 June 2021
Clev­er moves
Re­lo­cat­ing tal­ent safely, smartly, and seam­lessly As an in­ter­na­tion­al busi­ness, you need your best people to be mo­bile. That can re­quire as­sign­ing ex­ec­ut­ives and em­ploy­ees to dif­fer­ent ter­rit­or­ies – of­ten at short no­tice.CMS Ex­pat Desk – part of the largest em­ploy­ment and tax teams in Europe – provides com­plete and co-or­din­ated ad­vice and sup­port on tax, pen­sions, so­cial se­cur­ity, pay and em­ploy­ment law for ex­pat­ri­ate em­ploy­ees. Glob­al sup­port – from one point Our ex­pat­ri­ate spe­cial­ists are net­worked across 43 coun­tries in Europe, Asia, Africa and Lat­in Amer­ica to give you multi-jur­is­dic­tion­al sup­port – all ser­viced from a single point of con­tact.From the start to ter­min­a­tion of an as­sign­ment, we can help en­sure the op­tim­al leg­al, tax and re­mu­ner­a­tion ar­range­ments for both for the em­ploy­ee and for your busi­ness.With our sup­port, you are free to de­ploy your people wherever they need to be – swiftly and seam­lessly.Our team can:Draw up em­ploy­ee con­tracts cov­er­ing all leg­al as­pects of an as­sign­ment in any giv­en jur­is­dic­tion­Keep you up to speed on the tax and so­cial se­cur­ity re­gimes in each ter­rit­ory – and help re­lo­cated staff nav­ig­ate any po­ten­tial pit­falls in the sys­tem.Ad­vise on op­tim­ising the be­ne­fits of an em­ploy­ee’s ex­pat­ri­ate status – e.g. in terms of tax, re­mu­ner­a­tion and pen­sion ar­range­ment­sHelp your busi­ness man­age multi-jur­is­dic­tion­al payroll and tax ob­lig­a­tion­sAd­vise on spon­sor­ing pen­sion schemes in mul­tiple coun­tries, in­ter­na­tion­al trans­fer of be­ne­fits and en­abling em­ploy­ees to con­tin­ue scheme par­ti­cip­a­tion.Watch the videos for in­form­a­tion about re­gimes in dif­fer­ent coun­tries. For more de­tails about of­fers in in­di­vidu­al jur­is­dic­tions and leg­al as­sist­ance feel free to reach out to your usu­al CMS con­tact or send an email to em­ploy­[email protected]­al.com.
08 June 2021
European Par­lia­ment's 'Schwab Re­port' pro­poses sig­ni­fic­ant changes to DMA
On 15 Decem­ber 2020, the European Com­mis­sion sub­mit­ted its pro­pos­al for a Di­git­al Mar­kets Act (DMA) to es­tab­lish dos and don’ts for "gate­keep­ers" in di­git­al mar­kets and en­sure that gate­keep­ers con­duct...
08 June 2021
European Com­mis­sion moves ahead with pro­posed 'Data Act' reg­u­lat­ing ac­cess...
On 28 May, the European Com­mis­sion launched an ini­tial con­sulta­tion on its plans for a ‘Data Act’, which would – if ad­op­ted – in­tro­duce rules for ac­cess to and use of data, both in busi­ness-to...
04 June 2021
Back to Ba­sics brief­ings
CMS Funds Group Back to Ba­sics brief­ings in­tend to sup­ple­ment and provide more in­sights re­gard­ing its Pop­u­lar In­vest­ment Fund Vehicles guide. New brief­ings will be avail­able each month, cov­er­ing a spe­cif­ic jur­is­dic­tion, and provid­ing in-depth ex­plan­a­tions on a par­tic­u­lar vehicle.
04 June 2021
On the Pulse
Wel­come to ‘On the Pulse’ de­livered by the Glob­al Life Sci­ences & Health­care Sec­tor Group A video/pod­cast series, On the Pulse, brings to­geth­er CMS law­yers and ex­perts to dis­cuss key in­dustry top­ics...