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Spotlight CJEU Backs Police Access to Retained Data in Minor Offences
On 2 October 2018, the CJEU delivered another important judgment on data protection and on access by public authorities to retained provider data. The CJEU concluded that law enforcement authorities can also access personal data retained by providers of electronic communications in cases of criminal offences that are not particularly serious. It is a pre-condition, however, that access does not constitute a serous infringement of privacy. Read more
Thomas Wahl
EU
Fundamental Rights
Court of Justice of the European Union (CJEU)
Data Protection
CJEU: EU Directive Does Not Cover Procedure For Reviewing the Lawfulness of Pre-Trial Detention
On 19 September 2018, the CJEU rendered a judgment on the interpretation of Directive (EU) 2016/343 on the presumption of innocence and Arts. 47 and 48 CFR (Case C-310/18 PPU – Emil Milev). Read more
EU
Procedural Safeguards
EU Cybersecurity Organisations Agree on Roadmap
On 6 November 2018, Europol, the European Union Agency for Network and Information Security (ENISA), the European Defence Agency (EDA), and the Computer Emergency Response Team for the EU Institutions agreed on a roadmap outlining activities and projects for their cooperation in 2019 in … Read more
Cornelia Riehle LL.M.
EU
Cybercrime
2018 Internet Organised Crime Threat Assessment Published
Europol published its fifth Internet Organised Crime Threat Assessment (IOCTA), which gives a comprehensive overview of current and future threats and identifies trends in crime conducted and/or facilitated online.The 2018 IOCTA looks at the threats and trends with regard to four crime … Read more
EU
Europol
Cybercrime
Annual Report on Counterfeit Seized Goods – 2017 Results
On 27 September 2018, the Commission presented its annual report on EU customs enforcement of intellectual property rights in 2017. The report contains statistical information about the detentions made under customs procedures and includes data on the description, quantities, and values of the goods; their provenance; the means of transport; and the type of intellectual property right (IPR) that may have been infringed. Read more
EU
Counterfeiting & Piracy
Statistics on Card Fraud in 2016
On 26 September 2018, the ECB presented figures on card fraud in 2016. It is the fifth report of this kind. Read more
EU
Non-Cash Means of Payment
Commission Takes Action Against Italy and the UK for Illegal VAT Practices
As a follow up to the Paradise Paper leaks, the Commission launched infringement proceedings against Italy and the United Kingdom on 8 November 2018. The proceedings concern VAT practices in the yacht and aircraft sectors that are not considered in line with EU rules. Read more
EU
Tax Evasion
Council Adopts Directive Allowing Generalised Temporary Reversal of VAT Liability
On 20 December 2018, the Council adopted a Directive amending Directive 2006/112/EC on the common system of value added tax. It concerns the temporary application of a generalised reverse charge mechanism in relation to supplies of goods and services above a certain threshold. Read more
EU
Protection of Financial Interests
Tax Evasion
Commission Urges Maltese Watchdog to Comply with EU’s AML Rules
On 8 November 2018, the Commission sent a formal opinion to the Maltese anti-money laundering supervisor (Financial Intelligence Analysis Unit − FIAU), in which it calls for compliance with the obligations under the 4th Anti-Money Laundering (AML) Directive. Read more
EU
Money Laundering
Further Infringement Proceedings for Non-Transposition of 4th AML Directive
The Commission is going ahead with infringement proceedings against Member States for not completely implementing the 4th Anti-Money Laundering (AML) Directive Read more
EU
Money Laundering
New Regulation on Cash Controls
On 12 November 2018, Regulation (EU) 2018/1672 was published in the Official Journal of the EU (O.J. L 284/6). The Regulation introduces new rules for controls on cash entering or leaving the Union. It repeals Regulation (EC) No 1889/2005, which laid down the existing harmonized rules for the control of cash flow at the EU’s external borders and which has applied since 15 June 2007. Read more
EU
Money Laundering
Spotlight New Directive on Criminalisation of Money Laundering
On 12 November 2018, Directive 2018/1673 on combating money laundering by criminal law was published in the Official Journal of the EU (O.J. L 284/22). The Directive aims at closing loopholes in the definition and sanctioning of money laundering across the European Union. Furthermore, the new legal framework facilitates judicial and police cooperation to combat money laundering and terrorist financing. Read more
EU
Money Laundering
ECA Presents 2017 Annual Report on EU Budget
On 4 October 2018, the European Court of Auditors (ECA) informed the public of its 2017 Annual Report. It forms the basis for the statement of assurance, which the ECA is required to provide to the European Parliament and the Council under Art. 287 TFEU. Read more
EU
Protection of Financial Interests
Germany: Legislative Draft for Implementation of PIF Directive Tabled
On 11 October 2018, the Federal Ministry of Justice and Consumer Protection tabled a ministerial draft for the implementation of the PIF Directive into German law. Read more
EU
Protection of Financial Interests
Fundamental Rights Forum 2018
From 25-27 September 2018, FRA hosted its annual Fundamental Rights Forum. The 3-day conference offered a wide range of topics and speakers. Over 600 participants attended. The representatives were from European and national human rights organisations, EU institutions and agencies, national authorities and parliaments, … Read more
EU
Agency for Fundamental Rights (FRA)
Unmanned Aircraft for Border Surveillance Tested
At the end of September, Frontex started testing the use of Remotely Piloted Aircraft Systems (RPAS) to monitor the EU’s external borders. The RPAS carry surveillance equipment, including thermal cameras and radars. The system is being tested for several different operations:Sea surveillance;Support of … Read more
EU
Frontex