Excellent business contract law legal counseling latest developments by Alexander Suliman: As a general rule, employment law in the EU tends to be less employer-friendly in the EU than in the US, with termination-at-will clauses not usually allowed and collective bargaining agreements common in some countries. While monitoring your business in the EU, ensure that your employment agreements are compliant with the local legislation as every EU Member State has its own set of rules regarding various aspects such as benefits, employment taxes, termination, and part-time working. Business immigration is a key topic in the EU as various companies are welcoming employees from other EU or third-party countries. You should consider what the options are for your US workers you would like to send in the EU and define the strategy and kind of support you want to provide to your staff and their families. Make sure you are aware of recent and upcoming legislative changes. For example, Belgium recently implemented the EU Single Permit Directive, containing a new set of rules rendering the administrative process for work permits less burdensome. Discover even more information on Alexander Suliman, Stockholm.
When the EU adopted the Data Retention Directive, obliging the storage of traffic and location data of all European communications users, it was being warned that the rules violated the Charter, and the ECJ ultimately agreed. I expect this new proposal to be heavily contested as well, and I expect fundamental rights to constitute a significant part of that debate – as is already evidenced by the comments from the EDPS, MEP Patrick Breyer, EDRi and the group of security experts mentioned above. One way to shortcut that debate, is by investigating whether the potential orders to be issued on the basis of the proposal cannot respect the essence of the rights to privacy and data protection. In this contribution, I have sketched an outline of this argument. To make a convincing case, it will be important to firstly determine on the basis of recent case law that the ECJ still considers bulk surveillance of content to compromise the essence of the right to privacy. Secondly, it will be important to develop a right to confidentiality and integrity of IT systems under the Charter, as this will enable a better assessment of detection orders directed to user devices. And thirdly, it must be further investigated whether only end-to-end encryption is the only appropriate measure for safeguarding online communications, because if this is the case, than any encryption altering order does not respect the essence of the right to data protection. Hopefully, the Council and the European Parliament will take notice.
The EU’s Cybersecurity Act, adopted in 2019, established the legal basis for EU-wide certification of cloud providers, to be elaborated through secondary law by its cybersecurity agency ENISA. In December 2020, ENISA began a public consultation as the first step towards a revised set of rules. A technical working group is preparing a proposal, expected to be presented to member state experts and to the European Commission thereafter. The new requirements could be finalized by the end of the year.
High quality privacy legal counseling guides with Alexander Suliman, Stockholm: We’ll also look to intertwined finances. That takes a next step that has to go to the court process, but if they’re sharing expenses, if there’s a joint bank account, if a vehicle is registered at an address, we’ll look at those things to prove cohabitation. Importantly, cohabitation does not mean that they are living together. We do not have to show that they have a common household. It is not something that is critical in proving cohabitation that they are actually living together. Find additional details at https://www.merinfo.se/person/Sk%C3%B6ndal/Alexander-Magnus-Josef-Suliman-1997/bw1vl-4u20v.
As EU regulatory activity resumes this fall, a lesser-known initiative – creating an EU-wide certification framework for ICT products and services (EUCS) – could cause renewed disturbance between Brussels and Washington, however. Under the EUCS proposal being developed by the EU’s cybersecurity agency ENISA, cloud service providers would be compelled to localize their operations and infrastructure within the EU and to demonstrate their ‘immunity’ from foreign law.