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  1. Legal news
    21 January 2019
    When is an air carrier not an air carrier? A Regulation 261 anomaly
    www.twobirds.com/en/news/articles/2019/global/when-is-an-air-carrier-not-an-air-carrier-a-regulation-261-anomaly

    On 6 December 2018 the European Court of Justice ("ECJ") issued a preliminary ruling concerning the interpretation of EU Regulation 261/2004 ("Regulation 261") Article 2(a), Article 5(1)(c) and Article 7(1). These ...

  2. Legal news
    17 January 2019
    EBA and ESMA reports on crypto-assets
    www.twobirds.com/en/news/articles/2019/global/eba-and-esma-reports-on-crypto-assets

    On January 9, 2019, the European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) each published advice on crypto-assets to the European Commission (EC) and the European Union ...

  3. Legal news
    11 June 2019
    ICO: Legal Classification of Tokens – Update BaFin’s view
    www.twobirds.com/en/news/articles/2019/global/icolegal-classification-of-tokens

    Depending on the rights a Token conveys, it can be a Security Token, a Currency Token, a Utility Token or take a hybrid form. Legal literature and regulatory practice can at times diverge.

  4. Legal news
    09 April 2019
    EBA publish their final report on their guidelines on outsourcing arrangements
    www.twobirds.com/en/news/articles/2019/global/eba-publish-their-final-report-on-their-guidelines-on-outsoucing-arrangements

    On 25 February 2019, the European Banking Authority (EBA) published their final report on their guidelines on outsourcing arrangements.

  5. Legal news
    01 April 2019
    EBA published first responses to concerns raised by its Working Group on APIs under PSD2
    www.twobirds.com/en/news/articles/2019/global/eba-published-first-responses-to-concerns-raised-by-its-working-group-on-apis-under-psd2

    On 11 March 2019, the European Banking Authority (EBA) published clarifications to the first set of issues that had been raised and discussed by participants of its Working Group (WG) on Application Programming ...

  6. Legal news
    23 May 2019
    ICO: Legal Classification of Tokens: part 1 Issuance of coins
    www.twobirds.com/en/news/articles/2019/global/ico-legal-classification-of-tokens

    Part 1/5: The Issuance of coins and tokens are an innovative way to raise capital and fund projects using distributed ledger technology. This first part introduces the technology, its structure and basic legal ...

  7. Legal news
    12 December 2018
    Memorandum of Understanding details the common approach of some EU national regulators to monitoring the separation of card schemes and processing units under the IFR
    www.twobirds.com/en/news/articles/2018/global/mou-details-common-approach-of-some-eu-regulators-separation-of-card-schemes-and-processing-units

    Regulators in eight Member States (Belgium, Czech Republic, Denmark, Finland, Italy, Lithuania, Netherlands, UK) have entered into a memorandum of understanding (MoU) which aims to develop a consistent approach to ...

  8. Legal news
    13 August 2020
    Revision of EEA Interchange Fee Regulation appears unlikely – at least for now
    www.twobirds.com/en/news/articles/2020/global/revision-of-eea-interchange-fee-regulation-appears-unlikely

    Card issuers, acquirers and merchants are among those preparing for a public hearing to take stock of the EEA Interchange Fee Regulation (Regulation (EU) 2015/751 – IFR), due to be organised by the European Commission ...

  9. Legal news
    13 August 2020
    New EU obligations for PSPs regarding information they hold on the application of VAT on payment transactions
    www.twobirds.com/en/news/articles/2020/global/new-eu-obligations-for-psps

    On 18 February, the Council of the European Union approved a series of rules (including a Directive and a Regulation) aimed at facilitating the detection of tax fraud for VAT purposes in cross-border payment ...

  10. Legal news
    15 April 2020
    EBA consultation on changes to AML/CTF risk factors guidelines
    www.twobirds.com/en/news/articles/2020/global/eba-consultation-on-changes-to-aml-cf-risk-factors-guidelines

    On 5 February 2020, the European Banking Authority (EBA) issued a public consultation on changes to the anti-money laundering and counter-terrorist financing (AML/CTF) risk factors guidelines (Guidelines).