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On 22 December 2021, the conference of German data protection supervisory authorities (“DSK”) published its Guidance for Providers of Telemedia Services (Orientierungshilfe für Anbieter von Telemedien).  Particularly relevant for providers of websites and mobile applications, the Guidance is largely devoted to the “cookie provision” of the German Telecommunication and Telemedia Privacy Act (TTDSG),

On November 8, 2021, New York Governor Kathy Hochul signed a new electronic monitoring law (S2628) requiring New York businesses that monitor or intercept employees’ e-mails, telephone calls, or internet usage to notify employees in writing of these practices.  The new law amends the state’s civil rights law and takes effect on May

Last Tuesday, GAO released its Fiscal Year 2021 protest statistics, which as always contains a wealth of interesting information about GAO’s protest system.

  • Protest filings dropped by 12% from FY20.  After remaining fairly steady in FY19 and FY20, filings dropped in FY21, with the lowest number of cases filed since FY08.  It seems likely,

On November 1, 2021, the Supreme Court denied a petition for a writ of certiorari in American Civil Liberties Union v. United States. In its petition, the American Civil Liberties Union (ACLU) sought the Supreme Court’s review of the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Surveillance Court of Review’s (FISCR)

The fragility of Northern Ireland politics continues to prove problematic in dealing with Brexit. The on-going efforts of the UK government to redefine the Northern Ireland Protocol agreed with the EU last December is testament to that. Such efforts may be politically appealing in advance of UK local elections next May, but they too are

On October 11, 2021, the Covington Brussels office hosted a Webcast: “Fighting Inequality: Empowering Women and Girls” in honor of International Day of the Girl Child. London Partner Louise Nash moderated the impressive panel of women, comprising of Waris Dirie, founder of Desert Flower Foundation, and Kiera Chaplin, the President of Desert Flower Foundation France.

Last month, the US-EU Trade and Technology Council (TTC) held its inaugural ministerial in Pittsburgh: US Secretary of State Antony Blinken, Commerce Secretary Gina Raimondo, and Trade Representative Katherine Tai met with European Commissioners Margrethe Vestager and Valdis Dombrovskis. Only three months after the TTC process was launched at the US-EU summit, the two sides

As has been widely reported, there is an ongoing global shortage of semiconductor chips that enable products and services throughout many sectors of the economy.  On Tuesday, the U.S. Federal Communications Commission (“FCC”) released a Public Notice seeking public comment on the impact of this chip shortage on the U.S. communications sector specifically.

The Public

In December 2020, the European Commission presented a proposal for a new Regulation on Batteries and Waste Batteries.  The proposed Regulation aims to replace the current framework of Directive 2006/66/EC and seeks to achieve objectives set out in the European Green Deal and subsequent strategies, such as the transition to a carbon neutral and circular economy and the growth of renewable energies and clean mobility.  (Covington lawyers hosted a webinar that outlines the main features of the proposed Regulation and the ordinary legislative procedure that the proposal will follow.)

The proposal includes a host of product sustainability and safety requirements, conformity assessments and end-of-life management obligations for the producers of all types of batteries.  These requirements concern, among many others, carbon footprints, recycled content, chemical restrictions, durability, removability, replaceability, supply chain due diligence, waste collection, treatment and recycling, conformity assessments and CE markings, etc.  The proposed rules are expected to have a significant regulatory impact on the emerging European markets for industrial batteries and e-vehicle batteries.

One of the most striking features of the proposal is that many of its provisions are limited to establishing general principles and empower the European Commission to adopt the regulatory details by means of “Commission Delegated Regulations” and “Commission Implementing Regulations.”  In effect, the Commission’s proposal would leave it to the officials of the Commission and Member States to decide many of the technical details, which will eventually shape the markets of e-vehicle, industrial, automotive and portable batteries in Europe.  While delegating powers to the Commission is very common in EU legislation, the extent to which the proposal leaves regulatory decision-making to the Commission seems unprecedented.  It is uncertain whether the European Parliament and Council will agree to relinquishing so many critical details to the Commission.

This substantial delegation of power to the Commission also means that companies active on these markets that wish to advocate their position on the regulatory framework of batteries will need to do so not only during the proposal’s ordinary legislative procedure, but also during the adoption of the implementing rules and guidance by the Commission.  This is likely to be a long and ongoing process that will take at least six years after the conclusion of the ordinary legislative procedure.


Continue Reading The European Commission’s Planned Role to Implement its Proposed Sustainable Batteries Regulation

The American Rescue Plan, signed into law last month, includes $1.9 trillion in economic stimulus, healthcare, and related funding.  And just last week the Biden administration released an infrastructure proposal, the American Jobs Plan, that includes $2.3 trillion in transportation, connectivity, power, and other critical infrastructure investments.Contractors are right to view these plans

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