Re Easynet Global Services Ltd – A Case Comment

By Lucas Nacif, LLB Candidate at the Dickson Poon School of Law, King’s College London.

Introduction

In Re Easynet Global Services Ltd[1] (“Re Easynet”) the Court of Appeal considered the scope of the Companies (Cross-Border Mergers) Regulations 2007 (“Cross-Border Regulations” or “the Regulations”), [2] which transposes the Cross-Border Mergers Directive 2005/56/EC[3] (“Cross-Border Directive” or “the Directive”) into domestic law.

For the first time the Court of Appeal decided on whether the Cross-Border Regulations can be triggered by the inclusion of a dormant EU subsidiary in mergers.[4] Significantly, reversing the decision of the Companies Court, the Court of Appeal adopted a pragmatic approach to the issue and decided that this is indeed the case. Continue reading

New Editorial Board 2018/19

The KSLR Commercial & Financial Law Blog is pleased to announce its new Editorial Board for the academic year 2018/19.

Giorgia Sangiuolo, Joshua Chircop, Tricia Teh and Xenia Makridou will be responsible for the blog next year.

Meera Manoji also joins the team as Reporter. She will regularly update us on the latest about international trade. Continue reading

CLICK, CLICK, DID YOU REALLY AGREE? The EU GDPR and the need for a Uniform Format for Privacy Policies

Meera Manoj, Intern at Cyril Amarchand Mangaldas – Advocates & Solicitors.

The recent outrage over Cambridge Analytica’s alleged profiling of Facebook users to influence elections has led to a curious situation. There was no breach of Facebook’s privacy policies at the time in regard to collecting data of users and their friends by third-party applications.[1] In fact, profiling users and selling their information to third parties is essentially Facebook’s business model.  Yet, consumers were left reeling with a sense of betrayal. The inescapable conclusion is that no one really reads online privacy notices.  In fact, this has already been well documented.[2] The reasons for this are quite clear. In the absence of a specific format for privacy notices, they tend to be complicated, lengthy and at times, misleading.[3] In such a scenario, users’ consent to online agreements is neither genuine nor informed.

However, the coming into force of the General Data Protection Regulation (“GDPR”) in the European Union (“EU”) may herald an era of change.[4]

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TRUMP AND THE WTO: A LOVE-HATE RELATIONSHIP IN INTERNATIONAL TRADE

Meera Manoj, Intern at Cyril Amarchand Mangaldas – Advocates & Solicitors. This post won the 2018 KSLR Short Blog Post Competition on International Trade and Investment Law.

The United States (“US”) under the Trump Administration has pursued an aggressive and, at times, contradictory, policy with the World Trade Organisation (“WTO”). While on the one hand it has threatened to withdraw from the WTO and cripple its appellate body, on the other hand, it has continued to aggressively pursue remedies within the WTO Dispute Settlement Body (“DSB”).

This article analyses the broader strategic picture emerging from key actions taken by the US administration in relation to the WTO.

Continue reading