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On July 4, the United States celebrated Independence Day, which reminded us of the Declaration of Independence from 1776 that marked the establishment of the United States. This prompted us to reflect on the numerous distinctive legal achievements of the United States, inspiring us to explore the phenomenon of class action. Originating from across the Atlantic, this legal institution has found its place in continental European jurisdictions, sparking discussions within the professional community about its potential incorporation into Serbia’s legal framework.

 

In the long-awaited aftermath of the havoc caused by the CJEU’s decision (adopted in 2020 in the famous Schrems II case) to invalidate the previously existing EU-US Privacy Shield Framework, the European Commission adopted the adequacy decision promoting the new EU-US Data Privacy Framework (the “Framework”) on 10 July 2023.

As we previously announced, the Court of Justice of the European Union (“CJEU”) issued a ruling in the CK Telecoms case last week, annulling the CK Telecoms judgment and referring the case back to the General Court (“Court”). This appeal was in response to the Court’s decision on May 28, 2020, invalidating the European Commission’s (“EC“) ban on the acquisition of Telefonica Europe Plc by Hutchison 3G UK Investments Ltd. In this article, we delve deeper into the background of this important case and the reasoning behind the CJEU ruling.

On July 10, 2023, the European Commission adopted a new mechanism for personal data transfer between the EU and the US – the Decision no. C (2023) 4745 (“the Decision”), which stipulates that the US provide adequate and appropriate level of protection, i.e., that corresponds to the one existing in the EU in terms of personal data transferred from the EU to the US companies, without the obligation to undertake any further protective measures. The Decision entered into force and started to apply on the day of its adoption.

On July 10, 2023, the Council of the European Union (“Council”) officially adopted the Regulation of the European Parliament and of the Council concerning batteries and waste batteries (“Regulation”). This Regulation covers the entire battery life cycle, from production to reuse and recycling, aiming explicitly at safety, sustainability, and enhancing competitiveness.

The Foreign Subsidies Regulation (FSR), one of the EU’s latest state aid instruments, entered into force on January 12, 2023. Now, after six months, it starts to apply. This regulation establishes rules to govern foreign subsidies that could distort the EU’s internal market. It empowers the European Commission (“Commission”) to investigate financial contributions provided by non-EU countries to companies operating in the EU. If these contributions are found to be distortive subsidies, the Commission can enforce corrective measures to remedy these effects.

In one of our previous texts (available here) we wrote about the connection between the protection of competition and protection of personal data, namely whether competition authorities may consider infringements of personal data in their investigations.

After the roundtable discussion organized by the Lawyer's Academy of the Serbian Bar Association on the topic of SKY ECC communication as evidence in criminal proceedings on June 29, 2023, we summarize the key conclusions on an extremely relevant issue - SKY ECC hacking.

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