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New Dutch fiscal unity regime: a long-term project This is the last blog in a series on three documents published around the 2021 Dutch budget. It deals with a letter from the Dutch government to parliament on the future of the Dutch fiscal unity regime, the Dutch form of tax consolidation (earlier blogs...
Proposed unilateral amendment of arm's length principle by the Netherlands Following my blog on the (non-)amendment of the Dutch participation exemption for substance-less holding companies, this blog considers the Dutch government's announcement that it intends to unilaterally amend the application of the arm's length...
Mass claims for data breaches: if Lloyd v Google doesn’t open the floodgates then perhaps the DCMS will? Giving proper effect to individuals’ data privacy rights is at the heart of the GDPR and Data Protection Act (DPA) 2018. It is therefore no surprise that s187 DPA 2018 allows ‘representative actions’. Individuals can ask certain non-profit organisations...
Dutch substance-less holding companies remain eligible for participation exemption Somewhat hidden among the massive volume of tax legislation that came out as part of the 2021 Dutch budget on 15 September 2020, three important documents were released by the Dutch Under Secretary of Finance.  I will consider these in a three-part series...
Fines for data privacy breaches - the ICO shows its hand (or, rather, its calculator) The ICO has published draft guidance around how it will flex its regulatory muscles when enforcing data privacy legislation in the UK. The draft statutory guidance, published on 1 October, will (once finalised) sit alongside the ICO’s Regulatory Action...
US responds to Schrems II judgment As many will know, the Schrems II decision has caused quite a stir in the data privacy community, most immediately because of its consequences for EEA-to-US data transfers. In its decision, the CJEU struck down the EU-US Privacy Shield as a basis for...
National data strategy – Government to lead by example… The Government has published the UK’s National Data Strategy for consultation, building on its manifesto pledge to improve data use in government, and looking at ways to help businesses of all sizes benefit from the ‘data revolution’. It forms part of the...
“Prepare to jump to lightspeed!” – hyperspace, hyperlinks and the Copyright Directive The mention of Star Wars and copyright together often conjures to mind the well-known Stormtrooper helmet case.  But that may be about to change now that AG Szpunar has opened his recent Opinion in VG Bild-Kunst v Stiftung Preußischer Kulturbesitz (Case...
Cum/ex schemes: ESMA recommendations The European Securities and Markets Authority (ESMA) has recommended legislative change to enable National Competent Authorities (NCAs) to share information with tax authorities, but abandoned proposals to enhance NCAs’ supervisory powers to tackle...
UK-Japan trade agreement – what are the initial takeaways? In September, UK Trade Secretary Liz Truss confirmed an agreement with Toshimitsu Motegi, the Japanese Foreign Minister, in the UK’s first major post-Brexit trade deal – which could potentially impact British and Japanese companies when eventually...