Hong Kong: Which laws apply in cross-border employment?

The Macau Judicial Base Court recently held that Macau law (not Hong Kong law) governed an employment relationship between a Hong Kong citizen and his Hong Kong based employer, notwithstanding that the employment contract clearly stated that Hong Kong law governed the relationship. This case is a useful reminder that it is often not possible … Read more

Europe: Developments in EU laws on trade secrets and data protection

The Trade Secrets Directive was passed by the Council of Europe on 27 May 2016. It will come into force 20 days after its publication in the EU Official Journal and member states will then have a two year window in which to implement its provisions. It will introduce a harmonised regime for the protection … Read more

EU developments: trade secrets and data protection

On 14 April the European Parliament voted to approve the new Trade Secrets Directive aimed at harmonising the definition and protection of trade secrets and undisclosed know-how across Europe. The Council is expected to approve the Directive this month and it could take effect in June this year, with Member States then having a two … Read more

Europe: Developments in EU laws on trade secrets and data protection

The European Parliament and EU Council have agreed the terms of a Trade Secrets Directive that aims to harmonise the definition and protection of trade secrets and undisclosed know-how across Europe. Once approved and adopted, the Directive could take effect early this year, with Member States then having a two year window in which to … Read more

EU: Compromise reached on General Data Protection Regulation

After almost four years of debate, the European Commission, Parliament and Council finally reached political agreement on the proposed General Data Protection Regulation (the "GDPR") in December 2015. The final official text of the GDPR has yet to be released and is currently still subject to legal-linguistic review. However, a compromise text has been made … Read more

EU: Data protection – proposed EU-US Privacy Shield

The EU Commission and the US have agreed on a new framework to facilitate the transfer of EU personal data to the US, the EU-US Privacy Shield, following the ECJ ruling that the old Safe Harbour framework was invalid (see here). The Article 29 Working Party (ie, the EU data protection regulators) have called on … Read more

EU: Will the new Trade Secrets Directive create a unified approach across the EU?

The European Parliament and EU Council have agreed the terms of a Trade Secrets Directive that aims to harmonise the definition and protection of trade secrets and undisclosed know-how across Europe. Once approved and adopted, the Directive could take effect early this year, with Member States then having a two year window in which to … Read more