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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.

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).

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.

On 26 September 2018, the ECB presented figures on card fraud in 2016. It is the fifth report of this kind.

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.

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.

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.

The Commission is going ahead with infringement proceedings against Member States for not completely implementing the 4th Anti-Money Laundering (AML) Directive

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.

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.