On 9 January 2026, the Commission adopted its Guidelines on the application of certain provisions of Regulation (EU) 2022/2560 of the European Parliament and of the Council on foreign subsidies distorting the internal market (the “FSR Guidelines”). The FSR Guidelines explain how the Commission assesses whether foreign subsidies distort the internal market, and, if so, whether their potential positive effects outweigh their potential negative impacts. They also explain how the Commission may exercise its call-in powers to request the prior notification of any concentration or any foreign financial contributions (“FFCs”) in the context of a public procurement procedure that falls below the notification thresholds.

This blogpost describes the FSR Guidelines. The FSR Guidelines were adopted after a little more than two years of application of the FSR, on which the Commission will report in July 2026, potentially leading to its revision. While they crystallize the Commission’s practice thus far, they do not address the frequently voiced concern that they are overbroad and, consequently, too many unproblematic concentrations or tenders must undergo a cumbersome reporting process. For more details on the FSR, please see our previous blogpost.

Key takeaways

  • The FSR Guidelines offer detailed guidance on how the Commission will conduct its assessment of distortions. While the responsibility for this assessment lies with the Commission, companies under investigation may need to demonstrate that the foreign subsidies they have received are not linked to their economic activities in the EU. If they are unable to do this successfully, they must then provide a comprehensive analysis of the impact those foreign subsidies have on the internal market.  
  • In balancing the potential negative impact of foreign subsidies with their potential positive effects, the FSR Guidelines rely on an approach similar to State aid assessment. However, unlike in State aid, they do not provide any presumption that certain categories of subsidies are on balance positive when defined conditions are met. Instead, they require a case-by-case assessment.  
  • Regarding the Commission’s approach to requesting notification of concentrations or FFCs in the context of a public procurement procedure, the FSR Guidelines leave the Commission broad discretion when it determines that those activities merit prior review given their impact on the EU. As a result, companies may need to consider their FSR risks even if they do not engage in large concentrations or public procurement procedures in the EU.   

Continue Reading The European Commission adopts the Foreign Subsidies Regulation Guidelines

On his last day in office, January 20, 2026, former New Jersey Governor Phil Murphy signed an amendment to the New Jersey Data Privacy Act, A5017. The bill amends the state’s comprehensive privacy law to add new data- and entity-level exemptions and to expand the definition of de-identified data. The amendment took effect immediately.Continue Reading New Jersey Enacts Amendment to its Comprehensive Privacy Law

Consumer protection law across EMEA continues to evolve rapidly in response to digitalization, emerging technologies (particularly AI) and the continued expansion of online commerce. As we move into 2026, regulators are preparing significant reforms that will reshape business obligations and strengthen consumer‑protection enforcement. Below is an overview of the most important developments to watch this year.Continue Reading What to Watch in 2026: Key Developments in EMEA Consumer Protection

January brought several significant, long-awaited developments in the U.S. semiconductor policy space, marking an inflection point in how the Administration is deploying trade tools to advance national security and industrial policy objectives.

On January 14, 2026, the White House issued Presidential Proclamation 11002 (the “Proclamation”) and an accompanying Fact Sheet adopting …

Continue Reading A Month in Semiconductor Policy: Section 232 Measures, BIS Rule, and Taiwan Deal Signal Strategic Push

Introduction

Critical minerals have received a surge of attention recently, much of it tied to China’s dominance of extraction and processing and recent application of export controls on minerals with defense applications.  Policy discussions tend to focus on “critical minerals” collectively, but it is important to distinguish those needed for agriculture and transportation from those needed for national security.  Every mineral deemed essential for U.S. national security, economic security, and supply chain resilience and included on the official list of critical minerals maintained by U.S. Geological Survey list is important for its own reasons, but there are a few elements whose looming shortage now borders on an emergency, requiring extra focus from policymakers.  Certain “heavy” rare earth elements are among them.Continue Reading Heavy Rare Earth Elements: Rising Supply Chain Risks and Emerging Policy Responses

Germany has kicked off a new Pharma and MedTech Dialogue that aims to develop new policies and regulatory reform proposals to re‑establish Germany as a competitive, innovation‑friendly location for life sciences R&D and manufacturing. The outcome of this dialogue shall be the basis for a new German Pharma and MedTech Strategy.Continue Reading German Government launches new Pharma & MedTech Dialogue – Broad agenda, big hopes but unclear prospects

On January 21, 2026, the FCC’s Media Bureau released a Public Notice providing new guidance on how it will evaluate whether broadcast television stations have triggered an obligation to provide “equal opportunities” to political candidates under Section 315 of the Communications Act.  

The FCC’s equal opportunities rule generally says that if a station gives one legally qualified candidate free airtime, it usually has to offer comparable airtime to the other candidates running for the same office unless an exemption applies. To avoid discouraging general news coverage, Congress created several exemptions to this rule—one of the most commonly used being the exemption for bona fide news interviews.  In its new guidance, the FCC signals a more restrictive view of the bona fide news exemption, particularly in the context of late‑night shows, daytime talk shows, and other hybrid news‑entertainment formats.Continue Reading FCC Issues Guidance Focused on Candidate Appearances on Talk Shows

On January 20, 2026, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) (together, the “Authorities”) adopted Joint Opinion 1/2026 on the European Commission’s proposal to amend the EU AI Act (hereafter the “Proposal”, summarized in our previous blog). Overall, the Authorities acknowledge the complexity of the AI Act and agree that targeted simplifications can support legal certainty and efficient administration. However, they warn that simplification should not result in lowering the protection of fundamental rights, including data protection rights. This blog outlines some of the Authorities’ main recommendations as expressed in their Joint Opinion.Continue Reading European Data Protection Authorities Issue Joint Opinion on the Digital Omnibus on AI

On November 5, 2025, the Spanish Ministry for Ecological Transition and Demographic Challenge (“MITECO”) adopted a Resolution setting out the National Plan for the control of compliance with access and benefit-sharing (“ABS”) obligations under Regulation 511/2014 implementing the Nagoya Protocol in the European Union.  The National Plan sets out a “risk-based” control system to ensure that life sciences companies in, e.g., the pharmaceutical, plant breeding, cosmetic and other sectors operating in Spain utilize genetic resources (“GRs”) and associated traditional knowledge (“ATK”) in compliance with ABS rules of the country where the GRs and ATK are accessed. We provide more details below.

Building on the existing ABS framework in Spain, and in particular on the Royal Decree 124/2017, the MITECO adopted a National Plan setting out a “risk-based” control system, mandating the competent authorities of the Autonomous Communities (“the authorities”) to perform controls on users of certain sectors that are more likely at risk of utilizing GRs and ATK in violation of ABS rules.  Continue Reading ABS Enforcement Expected in Spain: Spain Adopted a National Plan to Enforce Access and Benefit-Sharing Rules

On 16 December 2025, the European Commission presented the Automotive Package (the “Package”), a set of interlinked legislative and policy initiatives aimed at supporting the European automotive sector’s transition to clean mobility. The Package has four core components: (i) a proposal to revise the CO₂ emission performance standards for cars and vans, (ii) the so-called “Battery Booster Strategy”, (iii) a proposal on greening corporate vehicle fleets, and (iv) a proposal for an “Automotive Omnibus” regulation that would amend several pieces of automotive legislation to simplify regulations for vehicle manufacturers. Together, these initiatives signal a material recalibration of the EU’s approach to vehicle decarbonization.Continue Reading The EU Automotive Package: Increased Compliance Flexibility, but Growing “Made in the EU” Conditionality