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The EU Institutions are currently adding the finishing touches to the new Packaging & Packaging Waste Regulation (“PPWR”) which is expected to be adopted in Q4 2024 or Q1 2025. While many companies are fully preoccupied with preparing for other EU legislation (e.g. the Deforestation Regulation) – companies will ignore the PPWR at their peril. The PPWR contains a host of ambitious legal targets and requirements – which industry will find it difficult to achieve in practice. And the deadlines to comply – are perhaps even more challenging. Companies will need to start preparing for the EU PPWR now, to avoid serious problems – including supply-chain disruption, penalties and litigation – in the future.Continue Reading Do You Sell or Manufacture Products in the EU? Then You Should Be Preparing for the New EU Packaging and Packaging Waste Regulation (PPWR) Now.

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More than a year ago, the EU Batteries Regulation (Regulation (EU) 2023/1542) entered into force.  In approximately one year’s time, the EU Batteries Regulation is set to repeal the 2006 Batteries Directive (Directive 2006/66/EC), with some exceptions. During the 2024 summer, a number of the new requirements under the EU Batteries Regulation have begun to apply.  With these points in mind, it is an opportune time to take stock of the new requirements being phased-in under the EU Batteries Regulation, consider the most recent requirements which begun to apply last month (August 2024), and assess the significant, and growing, impact the EU Batteries Regulation is having more generally.Continue Reading The EU Batteries Regulation: Taking Stock of the New EU Battery Requirements

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Over the 2024 summer, new EU rules entered into force regarding unsold consumer products under the new ESPR (i.e. the Ecodesign for Sustainable Products Regulation – Regulation (EU) 2024/1781).  The legal obligations themselves are relatively concise and short in number and therefore perhaps easy to overlook.  However, companies selling or supplying consumer products in the EU/EEA – particularly companies in the clothing, footwear, apparel, textile and retail sectors – should beware and not underestimate their importance or impact.Continue Reading Companies Selling Consumer Products in the EU (Particularly Clothing, Apparel, and Footwear Companies) Beware: The New ESPR Rules on Unsold Consumer Products Have Now Entered into Force

In a judgment of August 1, 2022, the Court of Justice of the European Union (CJEU) provided further guidance on two important aspects of the General Data Protection Regulation (GDPR) (CJEU C-184/20). In summary, the CJEU held that, first, for a national law that imposes a legal obligation to process personal data to be able to constitute a legal basis for processing, it needs to be lawful, meaning that it must meet an objective of public interest and be proportionate to the legitimate aim pursued, and second, that non-sensitive data that are liable to reveal sensitive personal data need to be protected by the strengthened protection regime for processing of special categories of personal data.Continue Reading Processing of Personal Data That May Indirectly Reveal Sensitive Information on the Basis of a Legal Obligation: The CJEU Draws the Contours

Our look back on the 10 most read posts from this past year highlights key developments in 2021. These posts reflect the emergence of environmental justice and environment, social, and governance as critical areas for businesses on both sides of the Atlantic. They also show the growing enforcement trend among State Attorneys General and the Federal Trade Commission. Regulations have covered a wide range of issues, from chemicals and hazardous materials in the U.S. to digital markets in the European Union. And, as the impact of Covid-19 continues to affect us all, one of our most-read articles shows the continued struggle retailers face with pandemic-related lease disputes.
Continue Reading This Year’s Most Popular Posts

On November 2, 2021, Crowell & Moring attorneys Judith Bussé, Ryan MacFarlane, Nicole Janigian Simonia, and David Stepp will be presenting a webinar to address the top 5 ESG challenges and opportunities for international companies and organizations.

Climate change is a global challenge that demands a global response. Global standards are vital in a number of areas to tackle the cross-border problems that many organizations face from forced labor issues, global initiatives, and disclosure requirements to greenwashing. Among the pressing issues are how plastic packaging and waste is regulated on a global level, how the recent EU initiatives apply to companies established outside of the EU territory, x, and x. Level-setting will need to go beyond what environmental, social and governance (ESG) basics address and so called “green” or sustainable investments that claim to pursue environmental goals will begin to see more scrutiny. Governments around the globe are working on numerous voluntary standards and a wave of new ESG regulation calls for more extensive and detailed corporate disclosures including that ESG risks are appropriately managed by third parties, such as supply chains and other business relationships.
Continue Reading Webinar: Top 5 ESG Challenges and Opportunities for International Companies and Organizations

On September 8, 2021, Crowell & Moring attorneys Karel Bourgeois and Judith Bussé will be presenting a webinar in collaboration with IBJ/IJE.

This webinar will discuss some of the most important European and national initiatives and their likely impact in practice: from the EU Action Plan on Sustainable Finance (March 2018) to the more…

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On July 9, 2021, the European Commission published its long-awaited draft of the revised Vertical Block Exemption Regulation (VBER) and Vertical Guidelines. The significant changes proposed by the Commission take into account the specific challenges brought about by the growth of e-commerce and online platforms in the “digital age.” The Commission has also taken this…

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On June 23, 2021, Brussels-based Judith Bussé spoke at the International Consumer Product Health and Safety’s (ICPHSO) North American Workshop. ICPHSO is an international, neutral forum for product safety stakeholders to learn, network and share information.

In her presentation, Judith explored new EU Environmental, Social, and Governance (ESG) related measures and their practical consequences for…