European Union: Corporate/Commercial Law

The Irish High Court has clarified the scope of statutory exemptions under the Data Protection Act 2018, ruling that organisations can legitimately refuse data subject access requests when legal privilege, client confidentiality, or litigation interests are at stake. This landmark decision establishes clear boundaries between different exemption provisions and confirms their compatibility with GDPR Article 23, providing much-needed guidance for organisations navigating complex disclosure obligations.

The Irish High Court has addressed a fundamental question about legal advice privilege in corporate law: can a company assert privilege against its own shareholders? This decision examines the controversial 'shareholder rule' and its compatibility with the principle of separate legal personality established in Salomon v Salomon, following the Privy Council's recent rejection of this rule in England and Wales.

France has enacted Law No. 2026-122, establishing a groundbreaking confidentiality regime for in-house legal counsel opinions, addressing a longstanding competitive disadvantage faced by French companies in cross-border disputes.

Arthur Cox unveils its refreshed 2026-2028 Equity, Diversity and Inclusion strategy, building on established foundations through four key pillars focused on gender, sexual orientation, race and ethnicity, and disability and neurodiversity. The firm emphasizes practical approaches to recognizing and supporting difference while maintaining transparency and accountability in delivering on its inclusion ambitions.

Arthur Cox's sixth annual Sustainable Business Impact Report details the firm's progress across Community, Workplace, Environment and Marketplace initiatives during the 2025/26 financial year. The report reveals increased volunteering hours, substantial pro bono contributions, new charity partnerships, and mixed results in carbon reduction efforts as the firm expands its environmental measurement scope.

Two young women launched an Instagram account to foster inclusion and understanding of marginalized groups in German society, quickly attracting corporate attention for diversity workshops. As their platform grew to over 75,000 followers, they sought to transform their social media presence into an official nonprofit organization. McDermott's legal team provided pro bono counsel to guide them through the complex startup formation process in Germany.

The European Commission's proposed EU Kids Act introduces sweeping new requirements for digital service providers, establishing a harmonised age threshold of 15 for social media access and mandating safety-by-design principles across online platforms. This comprehensive regulatory framework fundamentally reshapes how providers must verify ages, design interfaces, and protect minors in the digital space, with sanctions reaching up to 6% of worldwide annual turnover for non-compliance.

La Audiencia Provincial de Barcelona analiza un caso sobre patentes que establece criterios relevantes sobre la transmisión del derecho a solicitar una patente y la cesión de cuotas de titularidad. El tribunal examina la validez de transmisiones parciales en contextos societarios y precisa cuándo procede el derecho de retracto en situaciones de cotitularidad.

Malta's Companies Act now addresses usufruct over shares through Article 117A, but significant gaps remain in disclosure requirements and exit procedures. This analysis examines how the new provision allocates voting rights and dividends between bare owners and usufructuaries, while highlighting critical uncertainties that affect family business succession planning and third-party transactions.

WH Partners presents its position on the European Commission's review of the Markets in Crypto-Assets Regulation (MiCA), advocating for proportionate rules that protect customers while enabling smaller firms to compete. The submission addresses critical questions around national supervision, stablecoin access, decentralized finance, and regulatory independence in Europe's evolving crypto market.

WH Partners responds to the European Commission's targeted consultation on the Markets in Crypto-Assets Regulation (MiCA), advocating for proportionate rules that protect customers while supporting competition and innovation. The submission addresses critical issues including fair access for smaller firms, national supervision frameworks, stablecoin regulation, and the boundaries between blockchain technology and financial services regulation.

El 30 de septiembre de 2026, la Autoridad Europea de Valores y Mercados (European Securities and Markets Authority, «ESMA») publicó su respuesta a la consulta de la Comisión Europea (la «Comisión») sobre la revisión...