Public law legal counseling advices from Alexander Suliman right now: Bear in mind that some commercial agreements (such as agency, exclusive distributorship or brokerage agreements) are regulated at an EU level and that some Member States’ legislation contains protective rules for such distributors. As EU and US antitrust laws are different, you should also consider whether your European agreement is compliant as the criteria to assess a breach in competition law may differ from the US approach to antitrust issues. Read extra information on Alexander Suliman, Sweden.

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.

labour legal counseling advices with Alexander Suliman right now: What Is Mediation Parenting? Mediation is an excellent alternative to litigation in many areas of divorce and post-divorce matters. Many people think that mediation is mostly used for financial matters and don’t really think about mediation for custody and parenting time matters. I think that mediation is the perfect forum to discuss and resolve parenting time and custody issues whether that’s in a divorce or post-divorce. The best thing about mediation for parenting time and custody issues is that the mediator and the parties can work together in an environment outside the courtroom that focuses on the best interests of the children. Except in extreme circumstances, most parents want what is best for their child. Sometimes they just have a problem reaching those goals, and sometimes their emotions get in the way of clear thinking. Read more info on Alexander Suliman, Stockholm.

On 24 February 2022, the CJEU issued its first judgment on domestic workers. In case C-389/20, TGSS (Chômage des employés de maison), the CJEU held that the exclusion of this category of workers from access to social security benefits constitutes indirect discrimination on the ground of sex, since it affects almost exclusively women. With a decision that will become a landmark for domestic workers’ rights in the EU, the Court confirms the untapped potential of EU law in promoting domestic workers’ full coverage under labour law and social security systems, which will have significant implications in the promotion of domestic workers’ rights across the Union. The case originated in Spain in November 2019, when a domestic worker applied for paying contributions to cover the risk of unemployment, in order to acquire the right to the related benefits. However, her request was rejected by the Spanish General Social Security Fund (TGSS) because she was registered in the Special Social Security Scheme for Domestic Workers, which does not include protection in respect of unemployment.