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Whistleblowing – what next? (Employment Law series)

Following the EU Whistleblowing Directive, countries are now implementing their own local acts. These bring a new level of attention and compliance to local employers. Those responsible for internal reporting are increasingly having to deal with their first concrete reports. Our panel of speaker from France, Germany, Italy and UK will discuss the lessons learnt and what to expect going forward. What should your organisation be thinking about next?

The EU Corporate Sustainability Due Diligence Directive – What does it mean for you?

According to a recent Deloitte report (The future of legal work? The use of Generative AI by legal departments, 2024), 79% of CEOs expect Generative AI to transform their organisations in the next three years. While the competitive advantage is enticing, adoption of this powerful, differentiating technology demands attention to risks that could imperil an organisation’s brand, reputation, stakeholder trust, or critically, its compliance with legal and regulatory obligations. Legal leaders also need to understand how they can make use of Generative AI to transform the legal function. What should your organisation be thinking about now?

Business Process Outsourcing Negotiation and Contracting – Combining Commercial Operational and Legal Expertise for Better Business Outcomes (Contracts series)

For most service recipients, business process outsourcing (BPO) negotiation and contracting is a need which arises every few years, it is not business-as-usual. Service recipients are often faced with high value and complex agreements which need to be negotiated, and even with best-in-class external support, this can be challenging for busy internal teams. Our clients increasingly want combined specialist commercial, operational and legal support, because each of these elements are intertwined and all form part of the same negotiations and trade-offs.

Contracting following change (Contracts series)

Change events, such as re-structures, acquisitions, separations and integrations, create opportunities to review, renegotiate, remediate and improve contracting processes and supply arrangements, including IT services contracts and other commercial agreements. Deloitte Contracts focusses on seamless integration of legal advisory, technology, and scalable delivery to provide speed, clarity, and compliance at appropriate milestones. What could your organisation be thinking about now?

UK Autumn Budget 2024 (Please note, this webcast is from our Tax programme but may be of interest)

Changes to UK business taxation (including corporate tax, VAT, payroll taxes and other taxes and duties) are frequent and often complex. In addition, guidance on technical matters and the approach taken by HMRC and the UK courts evolve. What does your organisation need to know to keep up to speed with the latest developments?

Global pay transparency

Pay Transparency is a growing global trend, with the European Union's Pay Transparency Directive being the latest and most far reaching legislation in this area. Our experts will discuss how companies are approaching global pay transparency and Helen Odell-Weaver (Head - Rewards Global Programs & Processes at global pharma company Novartis) will be sharing the company’s approach and lessons learned in this area. What should your organisation be thinking about?

Contracting following change

Corporate change events create opportunities to review, renegotiate, remediate and improve third party supply arrangements, including IT services contracts, supplier arrangements and other commercial agreements. Deloitte Contracts focuses on seamless integration of legal advisory, technology, and scalable delivery to provide speed, clarity, and compliance at the proper stages. What changes could your business make to receive these benefits?

Generative AI and the legal function – Supporting the adoption of Generative AI across your organisation

According to a recent Deloitte report (The future of legal work? The use of Generative AI by legal departments, 2024), 79% of CEOs expect Generative AI to transform their organisations in the next three years. While the competitive advantage is enticing, adoption of this powerful, differentiating technology demands attention to risks that could imperil an organisation’s brand, reputation, stakeholder trust, or critically, its compliance with legal and regulatory obligations. Legal leaders also need to understand how they can make use of Generative AI to transform the legal function. What should your organisation be thinking about now?

New Government Reforms: what next for UK employment law and taxes?

The newly elected UK Government plans “the biggest upgrade to rights at work for a generation”. The introduction of autumn legislation promises more Day 1 employment rights, stronger trade unions and collective bargaining, and a new single worker status. What do we know so far? Could we be moving closer to a mainland European style employment law system? What does it mean for your organisation and what practical steps can you take now?

Driving value from your contracts – Contracting Excellence!

Contracts are touched by everyone and owned by no-one in an organisation. Legal, Procurement, Sales, Risk, Operations, Finance and individual business units all have some stake in either the creation, management or ultimate outcome of contracts, or the processes related to contracting – but no one person or team overlooks the entire lifecycle. This leads to inefficiencies, value loss, and suboptimal value optimisation affecting multiple stakeholders, and a lack of clear focus from the organisation overall. Is your organisation managing contractual business relationships through ‘Contracting Excellence’ to unlock contractual value, or are you seeing continuous value erosion?

Digital Nomads – A New Challenge

The HR environment is facing new challenges and new needs. One of the most potent trends impacting the way businesses operate relates to a growing group of workers who embrace a location-independent, technology-enabled lifestyle that allows them to travel and work anywhere in the internet-connected world. As a result, there is increasing interest for organisations to put in place formal policies and programmes. Our panel of international speakers from the UK, Italy and Spain will report on the situation in their countries and we will also hear from an external speaker on their experiences. What does your organisation need to consider to compete in the war for talent?

Implementation of Directive 2019/1023 in selected Member States - voting classes and cram down rules in restructuring proceedings

Some years have now passed since the introduction of Directive 2019/1023 dated 20 June 2019 on preventive restructuring frameworks and Member States are becoming accustomed to the new tools it introduced. These new tools, and most notably the process of voting in classes by affected parties, has led to a significant shift in professionals’ and, more globally - business’, practices. Our panel, from Belgium, France, Germany, Portugal and Spain will address the practical implications for companies in a crisis as well as their creditors and/or shareholders. What should your organisation be thinking about?

Pillar Two – A Legal Point Of View

Pillar Two is more than a tax revolution – it’s a call for business transformation. There may be significant implications on data, corporate structure, and compliance. What should your organisation be thinking about to conform with the Pillar Two framework?

Representative Actions Directive In Different Jurisdictions

The Directive 2020/1828 on representative actions for the protection of the collective interests of consumers has already been transposed in many EU Member States and is in the process of being transposed in other countries. The Directive improves consumers’ access to justice whilst it also foresees appropriate safeguards to avoid abusive litigation. Our panel will look at some of the countries where the Directive has already been transposed – UK, Romania, Italy and Germany. How might this affect your organisation?

Sustainable And Resilient Supply Chains – How Do Tax And Legal Play Their Part?

The Directive 2020/1828 on representative actions for the protection of the collective interests of consumers has already been transposed in many EU Member States and is in the process of being transposed in other countries. The Directive improves consumers’ access to justice whilst it also foresees appropriate safeguards to avoid abusive litigation. Our panel will look at some of the countries where the Directive has already been transposed – UK, Romania, Italy and Germany. How might this affect your organisation?

Carve Outs – Getting Tax And Legal Right

Carve-outs are a hot topic of discussion. These transactions can generate significant value in both the remaining and separated businesses and are complex from a tax and legal perspective. In this series of Dbriefs we explore key aspects of the transaction lifecycle, with a focus on corporation tax, VAT, employment taxes, and legal matters. This first instalment addresses the main tax and legal considerations when preparing for and executing these transactions - and also highlight some common pitfalls. (NB this webcast originates in the Tax programme but will be of interest to Legal practitioners too.)

Global Engagement Model Developments And The Key Employment Law Issues

The world of work is getting more complex, employers business models are evolving and employees are challenging traditional engagement models. As a result, there is an increased interest in alternative employment structures and how they can help employers achieve their strategic objectives - whether that’s expansion into new markets or competing effectively in the war for talent. What should your organisation be looking at now?

Fair Pay - Upcoming Changes To Holiday Entitlement And Holiday Pay

The government’s recent response to two holiday pay consultations (‘Retained EU employment law’ and ‘calculating holiday entitlement for part-year and irregular hours’ workers’) included a number of proposed changes to holiday entitlement and holiday pay anticipated to come into effect from January 2024. There will be various considerations with regard to these proposals and further incoming changes from January 2024. Is your organisation ready for any potential questions and challenges?

EU Pay Transparency Directive Series – Episode 2: A Client Perspective

In this next episode from our series on the EU Pay Transparency Directive we hear from Anca Dranca-Iacoban (Global HR Strategy Lead) and Wencke Boehm-Fliessgarten (Global Head of Broad-Based Reward) from ING Bank on lessons learned from undertaking their first Pay Equity analysis in 2022 and how they are preparing for implementation of the EU Pay Transparency Directive. We will also hear about preparations to undertake the Directive’s mandatory gender pay gap reporting across the EU; and to manage other key measures of the Directive including the ban on salary history questions to candidates and the requirement to publish pay bands for vacancies.

Off Payroll Working - Tackling Non-compliance In The Umbrella Company Market

A new Consultation has been launched in relation to tackling non-compliance in the umbrella company market. Our panel will provide background to the current issues and trends, summarise the proposed options to improve compliance and consider how we expect such proposals will impact those utilising umbrella companies in their supply chain. What should your organisation be thinking about?

An Introduction To The EU Pay Transparency Directive – Lessons Learned From The US And The UK

Progress on the gender pay gap and broader pay equity issues has been slow across the EU. The European Commission believes the key is to drive greater pay transparency and has brought forwards a new Directive introducing initiatives including mandatory gender pay gap reporting, a ban on salary history questions to candidates and requiring the publishing of pay bands for vacancies. What can your organisation learn from the US and the UK on how to navigate changes, where similar measures have been in place for some time?

Diversity, Equity And Inclusion: The HR Perspective

Diversity, equity and inclusion (DE&I) - and our changing perspectives - are influencing how people work together and the way businesses operate. It is a critical aspect in employment across the world, as regulators demand more attention for the issue and employers battle through the current shortage of skilled labour. Companies and institutions have demonstrated positive intent and increased discussion and activity, but still progress seems slow. Our panellists, from across Europe and US will be looking at the question - what if, in a changing labour law environment, not everything goes as it should?

New Roads To Dispute Resolution

A recent survey conducted by Euromoney CS for Deloitte Legal revealed that, since 2020, litigation activity has intensified across every metric, with almost two-thirds of companies (64%) noting a heavier caseload since before the COVID-19 pandemic. Furthermore, most of the respondents agreed that cases are now more complex and expensive, and are taking longer to resolve. Our panellists, legal professionals from Spain, UK and Germany will discuss the results, along with a guest speaker – Alejandro Rubio, State Lawyer and Head of Legal at Navantia. What were the burning issues?

Increased Flexibility For European Companies: Cross-Border Spin-offs And Cross Border Conversions Throughout Europe

The implementation period for the transformation of the EU Mobility Directive ended in January 2023. Although not all EU Member States have already transposed the directive into national law already, the possibility of cross-border demergers and cross-border transfers of registered offices with a change of legal form, has now finally become possible for many companies within the EU. The new law provides greater freedom for companies to adapt their corporate form, relocate their registered office within the EU or to carve-out parts of their business, even across the border. What does your organisation need to consider?

Hot Topics in M&A – National Security and FDI: An Unstoppable Train (moved from 15 Feb)

The forces that underpinned globalisation and borderless movement of capital have gone into reverse. Governments are increasingly willing to relinquish the benefits of inward investment and global capital in favor of economic nationalism and, as a consequence, detailed scrutiny of foreign investors through the application of national security and FDI laws. How do you successfully navigate this thicket of rules when executing an M&A transaction? Join our panel of experts from UK, Germany, Belgium, France and Spain.

Whistleblowing Directive Implementation: The HR Perspective

The EU Whistleblowing Directive has recently been implemented in most of the European countries. While the actual procedures may be well known in more complex and international business environments, the Directive implements rights and obligations concerning whistleblowers, bringing a new level of attention and compliance to local employers. It requires organisations to level out the whistleblowing landscape by creating a minimum level of protection in all EU Member States by improving and further managing whistleblowing procedures. Our panel of experts from UK, Italy, Germany, and France will discuss - what does this mean for your organisation?

Navigating the economic outlook for 2023

Join us at our London offices for an update on the UK’s economic outlook, a look at the resulting key challenges and opportunities and insights into how businesses can navigate these whilst thriving in the current environment. This sessions is aimed at General Counsel, Legal teams, HR directors and their teams and those involved in performance improvement.

Hot Topics in M&A – National Security and FDI: An Unstoppable Train

The forces that underpinned globalisation and borderless movement of capital have gone into reverse. Governments are increasingly willing to relinquish the benefits of inward investment and global capital in favor of economic nationalism and, as a consequence, detailed scrutiny of foreign investors through the application of national security and FDI laws. How do you successfully navigate this thicket of rules when executing an M&A transaction? Join our panel of experts from UK, Germany, Belgium, France, and Spain.

Compensation For Damages In Case Of Data Protection Law Violations - European Developments

(Please note - this webcast was moved from 11 April 2022)

More than four years have passed since the introduction of the General Data Protection Regulation (GDPR). The GDPR also introduced a basis for affected persons to claim compensation for material/immaterial damage for data protection violations. Our panel from Germany, United Kingdom, Italy and Austria will look at how courts within Europe have been dealing with the new rules and damage claims. Could there be potential for mass claims and/or class actions?

Intellectual Property And ESG: How Companies Can Manage IP Strategically For Sustainability

It is widely believed that innovation offers promising solutions to the paradox of improving quality of life for a growing global population, while moving to eliminate unsustainable consumption. Energy efficiency and renewable solutions can help to avert the climate emergency; new agricultural methods can feed a growing population from increasingly depleted land; hyper-personalisation can meet individual needs while reducing resource consumption and waste. How can businesses position themselves to contribute towards this innovation and maximise the benefits of doing so?

Class Actions/Mass Litigation In Different Jurisdictions

The rise of class actions and mass litigation has been evident in recent years. The regulation of this kind of litigation and the way it is handled in each jurisdiction is different. During the webcast Deloitte Dispute Resolution experts will explain the current status of this kind of litigation in their jurisdictions. This webcast will be of particular interest to legal counsels and in-house lawyers whose companies are present in several jurisdictions as we’ll be covering UK, Poland, Romania, Mexico, Spain, Italy and Albania, amongst others. How can your organisation manage disputes in the most efficient and effective way?

The Key Features Of Alternative Dispute Resolution And Recent Developments

When navigating a dispute, Alternative Dispute Resolution (ADR) processes can be used in order to encourage the parties to reach a settlement. ADR can lead to a quicker resolution and reduced costs, so ADR will be a key consideration when determining overall strategy. During this webcast, our experts will be examining the ADR landscape in England, Belgium and Italy. What does your organisation need to know to keep up to speed?

Employment Law Perspectives In ESG

We often think of climate and environmental impact first when considering ESG goals. But social issues are often top of mind. A strong ESG proposition can help companies attract and retain quality employees, enhance employee engagement and experience and increase productivity overall, yet there can be a divide between compliance with regulation and meeting internal goals. Our experts will discuss local trends and developing labour laws in Italy, LATAM, Spain, UK, and US. What employment law and HR issues can arise?

Class Actions/Mass Litigation In Different Jurisdictions

The rise of class actions and mass litigation has been evident in recent years. The regulation of this kind of litigation and the way it is handled in each jurisdiction is different. During the webcast Deloitte Dispute Resolution experts will explain the current status of this kind of litigation in their jurisdictions. This webcast will be of particular interest to legal counsels and in-house lawyers whose companies are present in several jurisdictions as we’ll be covering UK, Poland, Romania, Mexico, Spain, Italy and Albania, amongst others. How can your organisation manage disputes in the most efficient and effective way?

The Key Features Of Alternative Dispute Resolution And Recent Developments

When navigating a dispute, Alternative Dispute Resolution (ADR) processes can be used in order to encourage the parties to reach a settlement. ADR can lead to a quicker resolution and reduced costs, so ADR will be a key consideration when determining overall strategy. During this webcast, our experts will be examining the ADR landscape in England, Romania and Italy. What does your organisation need to know to keep up to speed?

(Mass) Compensation For Damages In Case Of Data Protection Law Violations? Basics And Developments From A European Perspective

Almost four years have passed since the introduction of the General Data Protection Regulation (GDPR). The GDPR also introduced a basis for affected persons to claim compensation for material/immaterial damage for data protection violations. Our panel from Germany, United Kingdom and Italy will discuss how courts within Europe have been dealing with the new rules and damage claims. Could there be potential for mass claims and/or class actions

Dispute Resolution

In this 90-minute webcast Eduardo Villellas (Deloitte Global Leader, Dispute Resolution, Deloitte Legal) will provide a general overview of the dispute resolution practices at Deloitte Legal. Michael Falter, partner at Deloitte Legal Germany, and Robert Griffiths, partner at Deloitte Legal UK, will provide insight on current litigation trends, with a focus on mass litigation, and present a corporate defence strategy to deal with the challenges that come with an emerging claims industry. A panel of Deloitte Legal practitioners will explain the specifics of cross-border disputes, and the peculiarities of disputes that go beyond the borders of a country, including the international elements of jurisdictions such as Cyprus, Hong Kong, UK, Romania, Russia and others.

Back To Work, Back To The Office

The post pandemic environment has triggered a variety of issues, which need to be addressed when starting to plan return to work procedures. Join our experts from Europe, Israel and US, along with our guest speaker from Epstein Becker Green, for their global insights. What does your organisation need to consider when organising an office return?

Please note Dbriefs Legal will now be using a different platform, therefore you may notice some changes from the previous format when viewing the webcast.

Managing M&A in the Post-Pension Schemes Act 2021 Landscape

The long-awaited Pension Schemes Act 2021 will come into effect from 1 October 2021. It brings about significant changes to the current regime, including a strengthening of the Pensions Regulator’s powers and promises to make pensions ‘safer, better, and greener’. In this session our actuarial and legal pensions experts will discuss the implications of the new Regulator powers for business activities like mergers, acquisitions and restructuring. This talk is relevant for anyone involved in mergers and acquisitions affecting pension schemes with defined benefits and anyone seeking an understanding of the practical implications of the new legislation. 

Covid-19 vaccination protocols from a legal perspective

With COVID-19 vaccination taking place throughout Europe and the United States, employers should be evaluating several issues that may impact their workforce, including whether they can make vaccination mandatory, how to encourage their workforce to get vaccinated, if they can request for employee’s vaccination status, etc. What legal actions can employers take on their workforce with respect to vaccination? We’ll discuss:

• Whether employers can impose vaccination of their workforce?
• If not, what other measures employers can take.
• Whether employers can organise their own vaccination programme.
• Lessons learned.

Negotiation of M&A contracts in Covid-19 times: Lessons learned

The Covid-19 pandemic has sent a shockwave around the world and brought much of life to a grinding halt. It does not seem to have done the same for M&A, as transaction numbers remain steady and the market even seems to thrive. But if the volume of transactions has not changed, then what has? Our webcast will present viewpoints on this matter from across Europe and will dive deeper into the actual effects of Covid-19 on the M&A practice. Did what we expected at the beginning of the pandemic actually materialise? We'll discuss:

• M&A and Covid-19: it goes on (current market overview).
• Negotiation long distance – impact on timing and outcome of transactions?
• A shift towards a buyer's market: expectations challenged
  • Deal certainty.
  • Due diligence.
  • Price: determination and payment.
  • Risk allocation mechanisms.
  • Specific contractual (Term sheet/SPA) clauses.
• Virtual signings and closings across Europe, where are we?

Gain an insight on the current M&A trends and Covid-19 impact from our M&A specialists on the Dbriefs Legal webcast panel.  

Hot topics in cross-border employment: Brexit and the Posted Workers Directive (PWD): Local implementation in different EU countries

In the field of cross-border employment, Brexit and on the revision of the Posted Workers Directive (PWD) are the main change driver at the moment. We will provide you with an overview of the state of play of these two hot topics.

With the end of the Brexit transition period on 31 December 2020 and the conclusion of the Trade and Cooperation Agreement, the EU has entered into a new era in its relationship with the UK. We look at the employment law, immigration and social security consequences for employers and what may lie ahead.

Since July 2020, employers sending workers across the EU have to take into account the stricter rules of the revised PWD. This directive introduces an "equal pay for equal work" principle and additional obligations regarding compliance with the host country's labor law. In this session, we will zoom in on the impact of the revised PWD from an employer's perspective and specifically on:

• New PWD obligations for employers.
• Current state of transposition in EU countries.
• Managing PWD and equal pay for assignees and business travelers.

The M&A Market In EMEA And Practical Considerations For Transactions In 2021

The pandemic of 2020 caused upheaval for businesses across the world. Uncertainties remain, but while lack of preparation was an issue at the beginning of 2020, it no longer needs to be an obstacle as businesses can identify the opportunities available to them now so as to better position themselves for success in 2021 and beyond. What can your organisation do to prepare for transactions in 2021? We’ll discuss:

• The M&A market in EMEA.
• Practical tax considerations for transactions in 2021.
• What legal aspects to consider for transactions in 2021.
• Understand the potential impact of the market on your transaction strategy.  

Remote work: Comparative analysis on local legislations in Canada, China, Germany, and the U.S.

Whilst companies begin to reopen their offices in different parts of the world, many employees are working from home and may continue to work remotely after the pandemic is over. Employers need to be aware of how employment laws apply to the remote workplace, including hours of work, safety / injury reporting, confidential information, home network security, etc. Our webinar will present a comparative analysis of approaches in different geographies. In particular, we’ll discuss:

• New local laws, regulations, and policies for remote working.
• Practical issues and suggestions for the months ahead.
• A checklist of other related points: taxation (including permanent establishment), immigration, and talent retention (managing employee concerns).

Join our Deloitte specialists who will share lessons learned, best practice, and identify priorities for employers in the next phase.  

Data Protection: Lessons learned from the COVID-19 lockdown and how best to prepare for a second lockdown

The outbreak of the COVID-19 has significant impact on different areas including data protection. In case of a second lockdown, what measures and policies should your organization have in place? Are the temporary measures implemented in the first lockdown useful and applicable in a second lockdown? We’ll discuss:

• If a vaccine is developed:
  • Can you write a policy to ask people to declare whether or not they have been vaccinated?
  • Can you keep a log and force people to do it?
  • Would the EU/governments be open to changing data privacy laws to allow this for exceptional circumstances like pandemics?
• If an effective treatment is found:
  • COVID-19 will then turn into something more like an everyday sickness, do you then abolish your policies or keep it in case something similar happens with a different disease?
  • Can you ask employees in their contracts to opt into disclosure of health information and what are the consequences?
• How to build a resilient Data Privacy Organization and a data privacy compliant crises management?

Join our Deloitte specialists who will share the lessons learned and what can be done in the next phase from a data protection perspective.

Contract Lifecycle Management: Unlock the power of your contracts

Managing contracts can be a formidable challenge for a company. This is all the more true as human-language – and even paper-based – contracts are still prevalent. Modern Contract Lifecycle Management (CLM) tools have evolved to be much more than just a repository of contracts. They provide alerts on contract life events, empower in-house lawyers and business users with automated contract drafting and provide detailed analytics insights. Advanced CLM applications will even manage the contract negotiation process. We’ll discuss:

• What functionality you can expect from a state-of-the-art CLM tool.
• The anatomy of a CLM implementation project.
• Business case for CLM, both in terms of contract types and the use of the technology itself.

Gain practical insights from our Legal and Tax specialists on the importance of CLM and the best practices of the CLM tools. 

Contract review and analysis in unprecedented uncertainty

COVID-19 is causing unprecedented disruption to global business. Organisations are looking to identify and mitigate the operational, economic, and business risks emanating from this pandemic. All departments will likely be impacted, including your legal department. Understanding what your contracts entail concerning potentially relevant provisions to the non-performance of contractual obligations is one in a number of crucial steps in helping to develop appropriate mitigation plans. We'll discuss:

• Identification and collation of impacted contracts.
• Contract culling strategies.
• Leveraging AI and legal managed services to identify potentially relevant clauses, such as Force Majeure, BCP, Notice, and others identified by in-house and outside counsel.
• Enhancing extracted contractual data with information from ERP, procurement, and finance systems.
• Counter-party notification, reach out, and remediation.

Join us to learn more about contract reviews and how to mitigate the risks impacting your organisation. 

Investment management: The investment tools and market trends in Spain, Portugal, Switzerland, and Luxembourg

In a more and more complex and regulated environment, investors and managers want safe, flexible, cost efficient, and global investment structures. To make their choice, many elements are to be analyzed: eligibility of assets, eligibility of investors, level of supervision, availability of the European passport, roles of external service providers, establishment and running costs, tax efficiency, etc. In this webcast, our multi-jurisdiction team of lawyers will present an overview of the latest trends in Spain, Portugal, Switzerland, and Luxembourg, and will introduce the features of one or more performing collective investment vehicles available in these countries. In particular, we’ll discuss:

• General overview of the markets.
• Luxembourg Reserved Alternative Investment Fund.
• Portuguese REIT regime.
• Spanish REIT regime.
• Swiss Limited Partnership for Collective Capital Investments and the future Limited Qualified Investor Fund.

Join us to learn more about the complex investment management in major jurisdictions in the region. 

State aid in times of COVID-19: A practical overview of the coordinated response by the European Commission and Member States

The outbreak of the COVID-19 infection has an undeniably significant economic impact. Almost all Member States have already announced or implemented support measures for citizens or companies. State aid spending in the context of COVID-19 is increasing exponentially on a daily basis and in all industry sectors, with more than EUR 600 billion spent by Member States since the beginning of the outbreak.

The European Commission is showing a much-desired flexibility and readiness through the adoption of a Temporary Framework to enable Member States to support the economy within the boundaries of competition law. Even so, companies must be aware of State aid risks and think twice before accepting state subsidies, tax breaks, state guarantees, R&D grants, etc. in the context of the COVID-19 outbreak. They may end up having to refund the State aid, increased with a substantial recovery interest rate.

In this Dbriefs, our Deloitte Legal international team of experts will:

• Provide a reminder on the basics of State aid (what is State aid, who are the stakeholders, what are the incentives).
• Explain the measures adopted so far by the European Commission in the context of the COVID-19 crisis, with a particular focus on the Temporary Framework and its subsequent amendments (what are the permitted types of aid, what are the limitations, how long will this regime apply).
• Provide an overview of the instruments adopted by different Member States across the EU (what types of measures are being implemented, which sectors are or will be beneficiaries of the aid, examples of aid to individual companies).
• Discuss the forecast, likely scenarios and way forward for State aid matters in the COVID-19 context.

Join our Deloitte Legal specialists who will share its experience from acting on State aid matters during the financial crisis back in 2008-2009 and during the present COVID-19 crisis. 

Coronavirus (COVID-19): Impact on Contracts – Force Majeure and MAC-clauses

In the context of the COVID-19 pandemic, many clients are faced with material problems in managing contracts. Companies have to deal with delivery bottlenecks, delays or other disruptions in performing obligations. Real estate agreements are also impacted, as well as extraordinary transactions such as mergers and acquisitions. Force Majeure clauses and Material Adverse Change clauses are discussed as possible solutions, suspending or even ending the performance obligations under contracts entered into. We'll discuss:

• General applicability of Force Majeure clauses and Material Adverse Change clauses across main European jurisdictions and recent trends in specific industries.
• Tactical approach negotiating COVID-19 as Force Majeure and dealing with responses to Force Majeure notifications.

Hear from our panel of experienced attorneys on the impact on contracts from the global and best-practice perspectives. 

Breathe new life into the protection and monetization of trade secrets

In the course of their activities, companies develop information that is commercially valuable. Information is the currency of the knowledge economy and competitiveness is increasingly dependent on trade secrets of technical, strategical, and commercial nature. By protecting such a wide range of information, whether as a complement or as an alternative to other intellectual property rights, trade secrets allow innovators to get profits from their invests in innovation. For that reason, the European Commission approved a Directive for the protection of undisclosed information, that has now been transposed by the member states. In order to obtain legal protection against any kind of misappropriation, the company that controls such information must take reasonable measures to keep it secret. We'll discuss:

• Requirements for protection of trade secrets.
• Trade secret vs. patent.
• Legal aspects: licensing and legal protection measures.
• Technical protection measures.

Join us to know the steps that you need to put in place to protect your confidential information. 

Coronavirus (COVID-19): How to manage the impact on your global workforce

As news of the novel coronavirus's spread continues to have a dramatic impact worldwide, employers are facing countless questions about how to address the implications of the virus on their businesses and workforce. In this webinar, our panel of experienced attorneys will bring a global and best-practice perspective to the following topics:

• What lessons can employers learn from the experience in China?
• What restrictions should employers consider as to medical inquiries or quarantine?
• What is the latest on the legislative framework and temporary measures regarding pay, especially during quarantine, illness, or temporary shutdown?
• How do employers maintain business continuity during this crisis? What about paid time off and telework? What happens when employees refuse to work because of their concern over contamination risk? 

Powers of the trade unions and staff representatives in the company: A comparative approach of the constraints of the employer in different jurisdictions

Freedom of union association is warranted in most jurisdictions. Within the company, this freedom may conflict with the freedom of entreprise. This Dbriefs webcast aims at presenting and understanding the extent of the trade unions/staff representatives' powers in the company and at comparing the constraints borne by the employer in different jurisdictions, including Brazil, China, France, Germany, and Spain. It would address the following key points:

• Do the trade unions/staff representatives have a right to be informed and/or consulted on all or part of the employer's decisions?
• Do they have a right to a co-determination of the employer's strategy?
• Are they entitled to negotiate with the employer to create rules applicable in the company?
• What are their means to operate at the workplace, e.g., via email, website, specific premises, etc.?
• What is the limit to their freedom of speech?
• Do they have legal capacity to bring a claim before the court/competent authorities in their name or in the name of the individual employees or together with the individual employees?
• Is there any mandatory requirement for the employer to allocate the funds for the trade union activities?

Our Deloitte Legal specialists will enable the auditors to have a better idea of how to address and handle trade unions/staff representatives' claims at the workplace in various jurisdictions. 

Harassment in the workplace: How to prevent and respond?

How should a company react, from a practical perspective, in case psychological and/or sexual harassment may be disclosed or witnessed by its employees? What is the appropriate conduct to adopt for dealing with these situations in practice? Harassment may be defined as the repetition of acts with the intent or effect of deteriorating working conditions in a manner likely to affect the employee's rights and dignity, physical and mental health, or to jeopardize their professional future. Employers who failed to comply with its obligations in this respect could expose to being sentenced to pay substantial amounts in damages to any affected employees, as well to being convicted for criminal offences. In order to avoid such situations, the employer must take preventive actions and react quickly in the event of suspected harassment at work. This webcast will provide a comparative study among China, France, Germany, and Italy. In particular, we'll discuss:

• How to identify a situation of moral/sexual harassment?
• What are the existing reporting channels for denouncing moral/sexual harassment?
• What should be done during the inquiring phase (hearing of the victim, suspect, colleagues, etc.)?
• What can be done during the disciplinary phase (content of the Company Internal Rules, sanction of the harasser, sanction of the employee denouncing false charges, etc.)?
• Prevention of moral and sexual harassment.

Hear from Deloitte's labor team of specialists to get a deeper understanding of the best way to identify and anticipate potential situations of harassment at work and how to react in these situations.

Data protection: HR focus on EU General Data Protection Regulation (GDPR) implementation

After one year from the effective entry into force of the EU General Data Protection Regulation (GDPR) in May 2018, companies are facing the challenges of the implementation of such provisions in the HR environment. In this area, the GDPR leaves (under the perspective of common guidelines and goals) a wide space for local legislation to arrange for compliance, taking into account also labour law constraints. The topic requires a specific approach, both global and local at the same time, which may differ from the general GDPR implementation and may, in this respect have a huge impact on multinational groups processes and procedures. Leveraging on the broad experience accrued in this specific area, we'll discuss a comparative analysis among different countries (Belgium, Germany, Italy, and UK) on the main common issues to be considered:

• Main labour law issues affecting GDPR implementation in HR.
• Sensitive processes and data flows.
• Critical areas and triggers.
• Types of agreements to be entered into with HR-related service providers.

Join us to gain insights on how to manage and mitigate the risks and challenges in the GDPR implementation for your organisation.

Legal Risk Management: How does your organisation compare with the market? What does the future hold?

Managing legal risk has never been more important for global organisations. As the Legal function transforms, so too does the way in which it contributes to an organisation's risk management approach, playing a greater role than ever before. However what exactly constitutes legal risk, how should it be managed, and by whom? Towards the end of 2018, we surveyed general counsel and senior in-house lawyers to benchmark approaches to legal risk management. We then overlaid Deloitte Legal's experience to form a view about what the future holds. During this webcast, we'll discuss:

• An overview of legal risk management and why it matters
• The key findings from our global cross-industry survey
• Our views on the future, including how technology will improve the management of legal risk

We invite you to join the conversation and learn how your organization can manage legal risk more effectively.

Brexit: Halloween extension

The UK did not leave the EU on 29 March nor on 12 April, but will possibly exit on 31 October 2019 (or earlier if the Withdrawal Agreement is accepted, or later if another extension is agreed or not at all). The future is still unclear and businesses in the UK and the EU27 are now having to adjust their planning to new Brexit dates. The latest extension has neither removed nor diminished the risks and uncertainty but has at least provided some additional time. This time should be used wisely. Businesses should act now and finalize or bolster their contingency measures to make their operations are as "Brexit-proof" as possible. There are still legal actions possible and some only became practicable again as a result of the extension. A cross-border merger would again be possible to move entities or assets from the UK to the EU27 or the other way around. We'll discuss:

• The current Brexit situation.
• The possible legal measures that can be finalized until the new exit date.
• What are the next steps for businesses to brace for Brexit.

Gain practical insights from our legal specialists on the evolving situation and prepare your business for Brexit, whatever the outcome is.

Token issuance: Gain insight into the legal operating models around token issuance in the ICO and crypto market

Albeit the ICO and crypto market is in its post hype winter after the big collapse of crypto currencies and ICOs in 2018, a silver lining is noticeable with major regulators admitting first companies with crypto/token bearing products. With its market cap still being north of USD 135 bn. with plus 3000 different tradeable tokens, new products surface the markets as the likes of security token offerings (STOs). This new more mature wave of token models might have the potential to spur mass adoption and enter the corporation realms. As soon as the maturity of market increases after the 2018 dent, survivors are more likely to have sounder businesses, emerging custodial services can boost re-gained trust further. Companies start to act now as legal frameworks are establishing and competitors are prepping up and are thinking about entering this still infant type of financing/utility instruments face many challenging decisions in order to avoid mistakes driven by a fear of missing out. The entire lifecycle of token emissions needs to be taken into consideration, starting with the strategy, whether or not to issue tokens, the choice of the token type and the token design and execution of the offering. As this is highly regulatory driven and has a manifold of legal ramifications, a key determinant of the success of the token offering lies with the legal structure and set-up. What should be considered to help them take the right design decisions? In this Legal Dbriefs, we'll discuss:

• Market overview.
• Token spectrum.
• Regulatory challenges.
• Tax structure.
• Token design considerations.

Gain insight into the factors to consider whilst designing your legal operating model around token issuance. The topic should be of interest across business units, but with its focus on legal aspects in particular to general counsels and innovation teams of start-ups up to multinational companies, heads of operations for in-house legal functions, legal COOs, legal CFOs, and in-house legal practitioners.

Benefits and incentives given by European States: Making sure your company can keep them. A state aid primer.

Although the general prohibition on state aid and exemptions are part of the European Union rule books since 1958 and state aid spending is ever increasing, with approximately EUR 116.2 billion spent in 2017, for a long time, the European Union’s state aid rules were not on the radar of EU and
non-EU companies. In the last few years, however, the European Commission is cracking down on state aid even more than before. This is why companies must be aware of state aid risks and think twice before accepting state subsidies, tax breaks, cheap land, R&D grants, etc. If they do not act diligently, companies may end up refunding the state aid, increased with a substantial recovery interest rate. In this session, specialists from Deloitte Legal and Deloitte, with a proven track record in ensuring compliance of subsidies with state aid rules and substantial litigation experience, including before the European Court of Justice, will:

• Explain the basics of state aid (what is state aid, who are the stakeholders, what are the incentives).
• Zoom in on the current issue of state aid and taxation (individual tax rulings, taxation schemes, way forward).
• Describe approaches that can be undertaken in the area of R&D and government funding.
• Discuss the impact of corporate restructuring in one/more EU Member State(s) on the eligibility for regional aid in other EU Member States.

Specialists from our Brussels, Madrid, and Budapest offices will provide practical insights into this challenging area of law and guide you on how to manage state aid issues.

How to design and optimize your Legal Operating Model

Companies face many challenging decisions in designing their Legal Operating Model. What should Legal functions be considering to help them take the right design decisions? We will discuss:

• What do we mean by an Operating Model?
• A representation of a typical Legal Operating Model.
• Diagnosing the Operating Model.
• Design consideration 1: Building a service catalogue for an in-house Legal Function.
• Design consideration 2: In-house v Outsource.

Gain insight into the factors to consider whilst designing your Legal Operating model. The topic should be of interest to General counsels at multinational companies, Heads of Operations for
in-house Legal functions, Legal COOs, Legal CFOs, and in-house Legal practitioners.

Final settlement agreements between employer and employee: A comparative study

Final settlement agreements are appropriate in the employment relationship to minimize the risk of a claim from the employee. Each settlement agreement is unique because the circumstances of each case are different, and different jurisdictions have different limitations, groundings, and enforceability. This webcast will provide a comparative study among China, France, Portugal, and Spain. In particular, we'll discuss:

• Definition of the settlement agreement and main difference with the mutual termination agreement.
• Practical impacts on the settlement agreement on the employer-employee relationship.
• Conditions for the settlement agreement to be valid.
• Favorable social and tax treatment of the settlement indemnity paid to the ex-employee.

Learn more from Deloitte's employment law specialists to get a deeper understanding of how different legal framework works on final settlement agreements.

International dismissal of employees in a changing environment

Companies often struggle with the dismissal of employees in an international perspective. They wonder about the cost associated with a dismissal in a given country, the formalities that need to be complied with, impact of legislative changes, etc. What important issues should HR leaders factor into their plans? We’ll discuss:

• Main findings of the 2018 international dismissal survey, which includes over 45 countries.
• Insights on the related cost, the formalities per country, the balance of power between employer and labor courts regarding dismissal, derogative framework for managing directors.
• The (changing) employment and dismissal landscape in a selected number of countries.
• The need for a governance model regarding dismissal.

Gain insights into legal and practical issues potentially affecting multinational companies that seek to conduct international dismissal.

Data Protection: Practical aspects and concerns on key elements introduced by the EU General Data Protection Regulation (GDPR)

After nearly two years from the approval of the EU General Data Protection Regulation (GDPR) in April 2016, we are entering the final stretch of its effective entry into force, May 2018. The GDPR, as it has been discussed in former sessions, introduces significant material changes on some of the core concepts of data protection, as for example consent or information duty. Companies face additional requirements and severe penalties for non-compliance. Even though the deadline to comply with the new requisites introduced by the GDPR approaches, there still many companies that hesitate on how to implement the new elements in a way that would not negatively affect their business or supposes disproportionate efforts. The new obligations and characteristics introduced by the GDPR entail not only changes in the legal policies but also in organizational strategies and technical developments. Therefore, the interpretation of the new elements introduced by the GDPR has to be performed from a perspective in which requisites and obligations are balanced with the business strategies. We'll discuss:
• New obligations of third parties and new requisites applicable to third parties contracts – how to deal with data processors negotiations and contracts under the GDPR new scenario.
• Main changes in the implementation of consents and information – how those changes could be articulated on your current data protection policies.
• New rights and data retention – how to deal with the answer to the new rights and data blockage/anonymization possibilities.

Hear from Deloitte's Legal and Risk team of specialists to get a deeper understanding on the interpretation in practice of the key elements of the GDPR that may be determinant on your businesses and compliance strategies.
 

Macron ordinances: Significant revision of the French labor law

Ordinances reforming French employment law were issued on 23 September 2017, with a view to providing more security and more flexibility to work relationships between employers and employees, as well as simplifying some French employment law provisions. As part of these ordinances, we will discuss a number of measures impacting a wide range of employment law subject matters, including:
• New rules governing the grounds of dismissals.
• Statutory definition of the framework to assess the economic ground of dismissal, the elimination of the redeployment obligation abroad and the simplification of the redeployment offers.
• Implementation of a scale to determine the amount of damages to be granted by the judges in case of a wrongful dismissal.
• Reduction of the statute of limitation of court actions in case of claims for wrongful termination.
• Possibility to enter into a collective bargaining agreement resulting into employees’ voluntary departures without application of the redundancy legislation.
• Possibility to enter into a collective bargaining agreement to modify the employees’ contractual terms and conditions related to remuneration, working time, place of work, and job description.
• Merger of the current staff representative bodies (Staff Delegates, Works Council, and Health and Safety Committee) into one single Social and Economic Committee (CSE).

Learn more to get practical ideas on how these ordinances will impact day-to-day work relationships in France.

Acquiring a distressed business under pre-insolvency or insolvency proceedings: "How to use" guide for investors in Europe

According to the European Commission, 50% of new businesses survive less than 5 years, causing 200,000 annual bankruptcies and the destruction of 1,700,000 jobs. However, the insolvency rates in the EU are falling in the last few years and the index of confidence of economic stakeholders published by the European Commission has recently reached its highest level for more than a decade. In this new favorable context, investors are more motivated for taking over distressed businesses, especially in some leading sectors. These takeovers prevent many companies from liquidation and thus contribute to save employment. We will provide to purchasers who contemplate to acquire a distressed company a "how to use" guide of the best practices in Belgium, France, Germany, Spain, and the UK, specifically:

• Overview of the best practices and procedures.
• In and out of court process.
• Within pre-insolvency or insolvency situations.
• Share deal or asset deal?
• Step plan, key issues, specificities, and pros and cons of each practice.
• Practical implications and challenges.

Hear from the Deloitte's Legal and Financial Advisory specialists to get practical ideas on acquiring a distressed business.

Managing compliance risks in M&A transactions

Today, economic crime is gaining more and more attention to global regulators. Global players face fines of millions, even billions of dollars, for crimes committed within their sphere of responsibility. While at least the big companies have started to work intensely on their internal Compliance Management Systems, many of them have not yet thought about external compliance risks – resulting from business partners, joint venture partners, or M&A-targets. In this Dbriefs, we'll focus on external compliance risks resulting from M&A-targets with special insights on:

• Why compliance due diligence should be exercised.
• How compliance due diligence could be performed.
• What impact red flags / findings could have on the deal structure.
• Which possibilities you have to address red flags in M&A-contracts.

Gain insights and learn how corporate entities and executives can minimize liability risks.

Foreign investor's acquisition under the China's new foreign direct investment (FDI) Regulatory Scheme – New record-filing system

On 30 July 2017, the Ministry of Commerce of China issued the newly revised version of the Provisional Measures on Administration of Filing for Establishment and Change of Foreign Investment Enterprises. Under this revised version, the
record-filing system, as a new regulatory system, was launched for acquisition of Chinese domestic enterprises by foreign investors, and the old approval system has been abolished. The process of acquisition by foreign investors is significantly simplified under the new record-filing system.
We'll discuss:

• Background of the new record-filing system.
• Definition and forms of foreign acquisitions.
• Scope of foreign acquisitions subject to the record-filing system and exceptions.
• Impacts on foreign acquisitions.

Stay informed about the current developments and learn about what will become of foreign investment in China.

Insights from Deloitte's 2017 Human Capital Trends: Flexible employment in the gig economy

The Deloitte's Human Capital Trends 2017 shows that the future of work has arrived now. Companies can no longer consider their workforce to be only the employees on their balance sheet, but must include interim workers, freelancers, "gig economy" workers, and crowds. These on- and off-balance sheet workers are being augmented with machines and software. Further, both companies and employees are increasingly demanding flexibility in terms of rewards, working time, and work location. We'll discuss:

• The concept of flexible resources, with focus on types of flexible resources, legal conditions, and points of attention.
• The flexibilities that companies have to change their resources' function, location, and working time in order to meet changing demands

Learn more to get practical ideas on how to shape the workforce of the future.

Industries - Financial Services
Non-performing loan (NPL) transactions in Europe: Key legal and financial aspects

27 September, 12:00 – 1:00 PM CEST (GMT +2)

Host: Andrei Burz Pinzaru

Presenters: Andrei Burz Pinzaru, Guerino Cipriano, Ingrid Dubordieu, Ignacio Echenagusia, Albrecht Kindler, and Will Newton

A number of banks in Europe are still experiencing high levels of non-performing loans (NPLs). These NPL levels have a negative impact on bank lending, internal resources, and capital constraints of a bank. The last two years we have seen a flurry of political and supervisory activities focused on tackling the overhang on NPLs in the European market which have led in disposals of loan portfolios by many banks. According to the "Transparency Exercise" of the European Banking Authority just over Euro 1 trillion of NPLs are still on bank's books in the Eurozone. We will give an overview about regulatory and political initiatives and discuss this with a focus on transaction specifics in Central Europe, Spain, Germany, Luxembourg and Italy:

• Deleveraging the European banking sector: outline of current regulatory and political initiatives.
• Key legal issues in NPL transfer documentation in Central Europe.
• Legal features of NPL acquisitions in Spain.
• Legal due diligence in NPL deals in Germany: main aspects to be considered.
• Structuring the acquisition: using Luxembourg securitization vehicles in NPL acquisitions.
• Structuring NPL deals to maximize value extraction from an Italian perspective.

Enhance your understanding of the specific features and legal issues of NPLs in various key European countries that may impact your company.

Restrictive covenants and competition clauses in European employment contracts: A hindrance or protection?

Restrictive covenants are one of the only limitations on the freedom to provide services to workers. In order to keep such clauses valid and applicable, it is necessary to comply with a series of relevant legal requirements that may vary according to the jurisdiction in question. The difference between the validity or invalidity of a clause may be motivated by failure to comply with a statutory requirement. We will analyze the content of the restrictive covenants with special attention in the followings:

• Analysis of the legal requirements.
• Maximum terms.
• Compensation requirements.
• Types of restrictive covenants.
• Application of the restrictive covenants in the different jurisdictions.

Learn and benefit from the Deloitte experts to get practical ideas for employers dealing with restrictive covenants issues across a number of countries.

Global regulatory crisis management: New trends and future best practices

The regulatory framework for corporations and corporate executives is becoming more and more complex. With liability expanding from direct involvement in regulatory violations or criminal activities to indirect or circumstantial "complicity", there is an increasing tendency for regulatory authorities to not only focus on business entities, but also on "targeting" corporate executives. Business-driven integrity is what makes legally compliant behavior on the part of the company's management bodies and employees possible. While prohibition-driven compliance programs serve the purpose of avoiding punishment and are therefore often viewed as a hindrance or a cost center, the business-driven integrity approach aims at adding value and therefore, at achieving a competitive advantage. Which are the key elements of business-driven integrity and how can they support an effective regulatory crisis management? We'll discuss:

• Introduction – the need for international risk management.
• An integrated approach – managing "dawn raid" situations and internal investigations.
• Market abuse: new European legislation and the need for compliance programs.
• Fraud: an international perspective.

Hear from the Deloitte's inter-disciplinary team of experts about new trends and future best practices to have a better understanding of how to truly manage regulatory crisis situations, and thus minimize liability risks for corporate entities and executives.

Posted Workers Directive: New employers' obligations across Europe

Directive 2014/67/EU is implemented in several European countries and will have high impact on companies' international mobility plans and procedures across Europe. We will cover the main attention points with a special focus on the legal environment in targeted countries (Italy, Poland, Spain, The Netherlands, etc.):

• Local labour conditions to be applied to seconded employees.
• New secondment declarations / notifications.
• New compliance requirements (social documents, contact person, etc.) and liability mechanisms.
• Employers' sanctions for non-compliance.

Gain insights from the Deloitte experts and have a better understanding of your new liabilities as sending employer.

Brexit from the Legal perspective: Are you ready?

Brexit will have a huge impact on a number of very important aspects of doing business within or with the UK. Strategic decisions need to be made by international businesses and organizations on how they should respond to the changing environment. Legal questions are at the core of the strategic implications and practical implications. What legal areas are impacted by the UK leaving the EU? How can companies prepare for "Brexit" turning into a reality? What challenges lie ahead? Have you identified and covered the risks and unlocked the opportunities that might arise? This Dbriefs will make "Brexit" tangible for you, by highlighting the following points:

• Different scenarios for Brexit: What would a "hard" Brexit look like? Will the UK end up in a trade position (with the EU) like Norway or Canada?
• Legal implications, for example:

–    What consequences will Brexit have on certain legal forms or
cross-border reorganizations?

–    What restrictions on the free movement of workers are to be expected and how can multinationals prepare?

–    Will the UK be a "third country" with regard to personal data and data protection?

• Possible responses and implementation.

Gain insights on these issues and be prepared for the upcoming challenges.

Certificate of Attendance

A standard Certificate of Attendance will be made available to participants of the Dbriefs Legal webcast programme. Please be advised that participants will consult their CLE / CPD / CPE accrediting agency to determine whether self-study credit can be earned for viewing our webcast programme.