Replay past webcasts
Overview of past webinar recordings which you can replay if you missed the live webcast
Employment Law: Covid-19 vaccination protocols from a legal perspective
16 June 2021
Host: Luca Failla
Presenters: David Williams, Fernando Bazan, Jennifer Barna (Epstein Becker Green), and Noa Kamzel (Western Digital)
With COVID-19 vaccination taking place throughout Europe and the United States, employers should be evaluating several issues that may impact their workforce, including whether they can make vaccination mandatory, how to encourage their workforce to get vaccinated, if they can request for employee’s vaccination status, etc. What legal actions can employers take on their workforce with respect to vaccination? We’ll discuss:
- Whether employers can impose vaccination of their workforce?
- If not, what other measures employers can take.
- Whether employers can organise their own vaccination programme.
- Lessons learned.
Negotiation of M&A contracts in Covid-19 times: Lessons learned
25 May 2021
Host: David Roelens
Presenters: Giuseppe Francesco Mirarchi, Dr. Michael von Rueden, and Hans Vansweevelt
The Covid-19 pandemic has sent a shockwave around the world and brought much of life to a grinding halt. It does not seem to have done the same for M&A, as transaction numbers remain steady and the market even seems to thrive. But if the volume of transactions has not changed, then what has? Our webcast will present viewpoints on this matter from across Europe and will dive deeper into the actual effects of Covid-19 on the M&A practice. Did what we expected at the beginning of the pandemic actually materialise? We'll discuss:
- M&A and Covid-19: it goes on (current market overview).
- Negotiation long distance – impact on timing and outcome of transactions?
- A shift towards a buyer's market: expectations challenged.
- Deal certainty.
- Due diligence.
- Price: determination and payment.
- Risk allocation mechanisms.
- Specific contractual (Term sheet/SPA) clauses.
- Virtual signings and closings across Europe, where are we?
Gain an insight on the current M&A trends and Covid-19 impact from our M&A specialists on the Dbriefs Legal webcast panel.
Hot topics in cross-border employment: Brexit and the Posted Workers Directive (PWD): Local implementation in different EU countries
31 March 2021
Host: Filip Van Overmeiren
Presenters: Kathryn Dooks, Wendy Van Hullebusch, and Filip Van Overmeiren
In the field of cross-border employment, Brexit and on the revision of the Posted Workers Directive (PWD) are the main change driver at the moment. We will provide you with an overview of the state of play of these two hot topics.
With the end of the Brexit transition period on 31 December 2020 and the conclusion of the Trade and Cooperation Agreement, the EU has entered into a new era in its relationship with the UK. We look at the employment law, immigration and social security consequences for employers and what may lie ahead.
Since July 2020, employers sending workers across the EU have to take into account the stricter rules of the revised PWD. This directive introduces an "equal pay for equal work" principle and additional obligations regarding compliance with the host country's labor law. In this session, we will zoom in on the impact of the revised PWD from an employer's perspective and specifically on:
- New PWD obligations for employers.
- Current state of transposition in EU countries.
- Managing PWD and equal pay for assignees and business travelers
VAT in a post-Brexit world – Pitfalls and opportunities
25 February 2021
Deloitte continues to host regular business webinars on Brexit in collaboration with Deloitte Legal, and the next event – dedicated to VAT - will address the following issues:
- What has happened since New Year’s Day?
- How is VAT impacted by the Agreement?
- What do Belgian companies and public agencies see as the main issues so far?
- How are things perceived on the UK side and what practical issues have arisen across the Channel?
- What are the risks and attention points from a VAT perspective, both in the EU and the UK?
- AND all the questions that you as businesses want to ask
Deloitte’s VAT experts will share their experiences and provide advice on how to navigate the new situation. The webinar will not only focus on Belgian VAT, but will also include insights from our UK VAT team. The webinar will feature testimonials from Belgian companies conducting trade with the UK, and insights from the Belgian VAT authorities.
All businesses that trade with or operate in the UK will find the event useful to help them adapt to the “new Brexit normal” that 2021 has brought. The focus, as always, will be very practical.
Trading with the UK in the post-Brexit era – Pitfalls and opportunities
28 January 2021
Four and a half years after the Brexit referendum, the EU and UK finalised a new Trade & Cooperation Agreement on Christmas Eve. The deal provides businesses with much needed certainty and clarity regarding the legal framework for trade with the UK from 2021 onwards. The Agreement has been provisionally applied since 1 January 2021. While tariffs and quotas on goods trade were generally (and mercifully) avoided, new customs and immigration rules and procedures are in force, and several “grey areas” in regulation and data treatment remain to be clarified.
Meanwhile, manufacturers/producers and transport providers are moving ahead to implement the new rules. Inevitably, much of this is “learning by doing”, and the first weeks of business since 1 January have begun to show some of the realities and obstacles that Brexit has brought. Companies have discovered that the Agreement has created several (expected and unexpected) operational changes that make trade more difficult than before. Some businesses have even decided to discontinue their activities across the English Channel.
Deloitte continues to host regular business webinars on Brexit and our next event will address the following issues:
- What has happened since New Year’s Day?
- What is covered in the Agreement, and what not?
- What do Belgian companies and public agencies see as the main issues so far?
- How are things perceived on the UK side?
- Why are certain goods subject to tariffs or even blocked at the EU-UK border, despite the new Agreement?
- AND all the questions that you as businesses want to ask.
Deloitte’s Brexit experts will share their experiences and give advice on how to navigate the new situation. The webinar will also feature testimonials from Belgian companies conducting trade with the UK, Kristian Vanderwaeren (Administrator General of the Belgian Customs Authorities), Patrick Van Cauwenberghe (Trade Facilitation Director at the Port of Zeebrugge), and Ian Stewart (Chief Economist at Deloitte UK).
All businesses that trade with or operate in the UK will find the event useful to help them adapt to the “new Brexit normal” that 2021 brings. The focus, as always, will be very practical.
Real Estate 2021 trends and challenges
26 January 2021
Host: Danny Stas
Presenters: Frédéric Sohet, Dominique Vanherck, Astrid Peeters, Nathalie Vandaele & Pascal Demilecamps
2020 has undoubtedly been a tough year with lots of challenges and I’m sure we are all looking forward to the New Year and putting the current one behind us.
The Real Estate sector has certainly been heavily impacted by Covid-19. To list just a few examples, remote working is redefining the use and size of office space, the retail industry has been knocked for six, with a move to online shopping and a corresponding acceleration of e-commerce, there is also an increasing need for data logistics, and finding funds for projects has become even more challenging. Covid-19 has changed both the world and the industry.
So what new trends and challenges do we see?
- Real Estate predictions
- The new way of working
- Specific Tax/VAT aspects
Remote work: Comparative analysis on local legislations in Canada, China, Germany, and the U.S.
9 December 2020
Host: Andrew Lilley
Presenters: Philippe Rose, Alexis Lemajic, Andrew Lilley, Klaus Heeke, Susan Gross Sholinsky, and Jolin Song
Whilst companies begin to reopen their offices in different parts of the world, many employees are working from home and may continue to work remotely after the pandemic is over. Employers need to be aware of how employment laws apply to the remote workplace, including hours of work, safety / injury reporting, confidential information, home network security, etc. Our webinar will present a comparative analysis of approaches in different geographies. In particular, we’ll discuss:
- New local laws, regulations, and policies for remote working.
- Practical issues and suggestions for the months ahead.
- A checklist of other related points: taxation (including permanent establishment), immigration, and talent retention (managing employee concerns).
Join our Deloitte specialists who will share lessons learned, best practice, and identify priorities for employers in the next phase.
TVA de 6% sur la démolition et reconstruction de bâtiments en Belgique : nouvelle législation à partir de 2021
4 décembre 2020
Le gouvernement fédéral avait annoncé qu'il étendrait le taux réduit de TVA de 6 % pour la démolition et la reconstruction de logements à l'ensemble du territoire belge. Le gouvernement a tenu sa parole et a récemment adopté la nouvelle législation. Ces nouvelles règles entreront en vigueur le 1er janvier 2021 et étendront le champ d’application du taux de 6 % déjà en vigueur dans les 32 villes.
La mesure temporaire s'applique non seulement à la construction de nouvelles maisons après la démolition de bâtiments existants, mais également à la vente d'une maison par un promoteur/développeur après la démolition des anciens bâtiments. Toutefois, le nouveau taux réduit de TVA est soumis à des conditions importantes, notamment afin de garantir son caractère social.
6% btw op afbraak en heropbouw in België: de nieuwe wetgeving vanaf 2021
4 december 2020
De federale regering kondigde in haar regeringsverklaring aan dat zij het verlaagd btw-tarief van 6% voor de sloop en wederopbouw van woningen zou uitbreiden tot het hele Belgische grondgebied. De regering heeft woord gehouden en de nieuwe wetgeving recent goedgekeurd. Deze nieuwe regels gaan in op 1 januari 2021 en komen bovenop het bestaande 6%-tarief dat reeds bestaat in de 32 steden.
De tijdelijke maatregel is niet alleen van toepassing op bouw van nieuwe woningen na afbraak van bestaande panden, maar ook op de verkoop van een woning die door een promotor/ontwikkelaar werd opgericht nadat hij de oude panden heeft afgebroken. Het nieuwe verlaagd btw-tarief is wel aan belangrijke voorwaarden onderworpen in het bijzonder om het sociale karakter ervan te garanderen.
Brexit - Fin de partie !
Webinaire | 30 octobre 2020
À moins de trois mois de la fin de la période de transition du Brexit, les entreprises belges font toujours face à une profonde incertitude quant à la situation juridique, logistique et financière à laquelle elles seront confrontées à partir du 1er janvier 2021. Les déclarations récentes du Premier ministre britannique Boris Johnson et des leaders européens ont dévoilé que de nombreux obstacles restent à surmonter avant d’arriver à un accord de libre-échange. Quel que soit le résultat des négociations, force est de constater qu’il y aura des changements à partir du 1er janvier 2021.
A travers ce webinaire dédié au Brexit, vous découvrirez ce que les entreprises belges doivent savoir, et surtout faire, dès maintenant, pour atténuer l’impact du Brexit. Les points d’attention majeurs seront abordés, tels que les tarifs douaniers qui seront d’application, l’impact logistique, les conséquences en matière de TVA, le cadre juridique et réglementaire (Julien Hick), etc. Vous aurez la possibilité de poser des questions.
Le webinaire s’adresse principalement aux entreprises qui font du commerce avec et/ou opèrent au Royaume-Uni.
L’accent sera mis sur une approche pratique : quelles mesures les entreprises doivent-elles dès maintenant prendre pour gérer cette incertitude, pour pouvoir s’adapter rapidement au nouveau contexte, et pour assurer la continuité de leurs activités à partir du 1er janvier 2021.
Suite au COVID-19, beaucoup d’entreprises ont été forcées de réviser leur modèle opérationnel au moins temporairement. Les entreprises qui font du commerce avec ou opèrent au Royaume-Uni ont tout intérêt à également prendre en considération les effets du Brexit dans cette analyse.
Brexit - Het eindspel
Webcast | 29 oktober 2020
Met minder dan drie maanden te gaan voor het einde van de Brexit transitieperiode, is er nog heel wat onzekerheid omtrent het juridische, logistieke en financiële kader waarbinnen Belgische bedrijven vanaf 1 januari 2021 zullen moeten opereren. Uit recente verklaringen van Boris Johnson en Europese leiders blijkt nog maar eens dat er nog heel wat obstakels in de weg staan om tijdig tot een vrijhandelsakkoord te komen. Wat ook de uitkomst van de onderhandelingen zal zijn, bedrijven dienen zich nu voor te bereiden op de significante veranderingen die er vanaf 1 januari 2021 hoe dan ook zullen zijn.
In deze Brexit-webcast u zal er te horen krijgen wat Belgische bedrijven nu moeten weten en vooral doen voor een optimale voorbereiding. Onze specialisten overlopen de belangrijkste aandachtspunten, gaande van de toepasselijke douanetarieven, de mogelijke impact op productie en logistiek, en de fiscaal-juridische regelgeving (Alexander Baert en Matthias Vierstraete). Er zal ook ruimte zijn voor vragen en antwoorden.
De webcast richt zij bij uitstek tot bedrijven die handel voeren met of opereren in het Verenigd Koninkrijk.
De aanpak zal zeer praktisch zijn: wat moeten bedrijven nu doen om de onzekerheid binnen de perken te houden, om snel te kunnen schakelen, en om de continuïteit van hun activiteiten na 1 januari 2021 te garanderen.
Onder impuls van COVID-19 zijn vele bedrijven verplicht hun operationeel model op zijn minst tijdelijk te herzien. Bedrijven die handel voeren met en/of opereren in het Verenigd Koninkrijk hebben er alle belang bij ook Brexit te betrekken in die oefening.
Brexit: The endgame
19 October 2020
With less than three months to go before the end of the Brexit transition period, companies urgently need to decide on how they will handle the Brexit impact on their legal, logistical and financial situation after 1 January 2021. This weekend’s talks between UK Prime Minister Johnson and EU Commission President Von der Leyen kept open the two sides’ commitment to try to finalise a Brexit deal in time for the end of the year – but also showed how many major obstacles remain in the way.
Get updated on what Belgian businesses should know, and do, now. From tariffs and regulatory alignment, to the impact on logistics and more, we will tackle the open issues of key importance to companies.
We are joined by Baron Frans van Daele, Minister of State, senior Deloitte advisor and former Chief of Staff to the President of the European Council as well as Belgian ambassador to the EU, NATO and the USA. Baron Van Daele has exceptional insights into the EU-UK relationship.
Deloitte’s Brussels Brexit team will address the key issues that will impact Belgium. Alexander Baert and Matthias Vierstraete will cover the legal aspects. The focus will be very practical: What should companies do now to manage the uncertainty and protect their businesses?
Given the political climate, and the ongoing complexity of the negotiations, concluding the discussions and securing ratification of a new Treaty on time remains a major challenge.
Therefore, all businesses that trade with or operate in the UK need to analyse their COVID-19 and Brexit challenges together, and be ready for all possible outcomes. Remember: whether there is an EU-UK deal or not, companies will still have to be ready for significant changes in 2021.
Data Protection: Lessons learned from the COVID-19 lockdown and how best to prepare for a second lockdown
23 September 2020
Host: Dulce Miranda
Presenters: Dr. Söntje Julia Hilberg, Gonçalo Quintino, and Arnaud Raynouard
The outbreak of the COVID-19 has significant impact on different areas including data protection. In case of a second lockdown, what measures and policies should your organization have in place? Are the temporary measures implemented in the first lockdown useful and applicable in a second lockdown? We’ll discuss:
- If a vaccine is developed:
- Can you write a policy to ask people to declare whether or not they have been vaccinated?
- Can you keep a log and force people to do it?
- Would the EU/governments be open to changing data privacy laws to allow this for exceptional circumstances like pandemics?
- If an effective treatment is found:
- COVID-19 will then turn into something more like an everyday sickness, do you then abolish your policies or keep it in case something similar happens with a different disease?
- Can you ask employees in their contracts to opt into disclosure of health information and what are the consequences?
- How to build a resilient Data Privacy Organization and a data privacy compliant crises management?
Join our Deloitte specialists who will share the lessons learned and what can be done in the next phase from a data protection perspective.
Moving towards Brexit: Latest developments and business implications
2 July 2020
The Brexit negotiations are hotting up again.
Last Friday the European Union accepted that the UK would not be asking for an extension to the current transition period, and it is now more certain than ever that the UK will be operating as a fully-fledged “third country” after 31 December 2020.
And the outcome of the meeting on Monday between the presidents of the European Council, Commission and Parliament, and the UK Prime Minister, showed more clearly than before that the UK government is not – publicly at least – minded to make major concessions to secure an agreement on its Future Relationship with the EU. Prime Minister Johnson even said that he hoped the trade component of the new agreement could be finalised within six weeks from now - by the end of July.
This reduces further the chances of detailed arrangements being put in place to govern the complexity of EU-UK relations from January 2021 – and deepens the extent of change that companies will face in doing business with the United Kingdom. If a deal is agreed it will inevitably be short on detail, and the alternative of no deal has probably become more likely in the light of these recent developments.
Any agreement that does emerge will have to be finalised and ratified before the end of 2020, failing which the UK will move to a “no-deal” relationship on 1 January 2021. But time is short: and the additional burden of the coronavirus crisis has hampered the negotiation process for months. So businesses facing problems as a result of Brexit – and those who may see opportunities arising from the UK’s departure – need to focus soon again on the details of the EU-UK “future relationship”.
There are three main potential outcomes by the end of 2020:
- an agreed Free Trade Agreement between the EU and the UK – which could be accompanied by additional sectoral agreements (e.g. for Financial Services, Transport, Energy, and Fisheries) and would bring the least amount of disruption to the new trading and business environment;
- a partial Agreement - with many items left open for further negotiation in the future; or
- no agreement – leading to the so-called No Deal Brexit (with significant disruption and change to the current business environment)
Sign up for Deloitte’s Brexit webinar on 2 July 2020, during which Deloitte’s specialists will address key considerations from a Belgian perspective:
- What does the EU-UK political situation mean for the Brexit timeline and the substance of the future relationship?
- What are the key business implications?
- What would a no-deal Brexit look like?
- What should businesses do now to optimise their situation and mitigate impact on their operations after the Transition Period?
We will be joined by Raoul Ruparel of Deloitte UK (and former UK prime ministerial advisor on Brexit), and Deloitte’s Brussels team will address the key issues that will have an impact on business in Belgium.
COVID-19 | Business continuity: people aspects
24 June 2020
Presenters: Stijn Demeestere, Sofie Van Breedam (Deloitte Belgium Tax) and Frédéricq Jacquet (Deloitte Belgium Tax)
COVID-19 has not only roiled financial markets or disrupted organisations and industries, but it has also created tremendous stress for workers. It is therefore crucial for companies to find a balance between restructuring and the impact on the workforce. This is truly a moment-that-matters. A moment that will either strengthen or weaken the relationships between the organisation and its workforce.
During this webinar, we will explore a variety of measures allowing companies to reduce employer costs, including reward, employment and tax measures.
From a reward perspective we will focus on short-term choices that consider long-term impacts.
Employment measures on the agenda are:
- Temporary or permanently reduction of working time
- Part-time work
- Time credit & thematic leave
- Collective holidays
- Temporary unemployment
- Salary reduction and postponement payment salary
- Lending of personnel
- Transfer of undertaking
- End-of-career plans
- Multiple or collective dismissal
The tax measures include, among others, the recent temporary mutual agreements concerning cross-border workers, extension of voucher validity, reduction of withholding tax on legal unemployment benefits and deferral of professional withholding tax payment, as well as draft legislation in the pipeline (wage tax incentive, consumption voucher).
Contract Lifecycle Management: Unlock the power of your contracts
28 May 2020
Host: Klaus Gresbrand
Presenters: Nick Conway, Kai Jacob, Mark Ross, and Jasmijn Verraes
Managing contracts can be a formidable challenge for a company. This is all the more true as human-language – and even paper-based – contracts are still prevalent. Modern Contract Lifecycle Management (CLM) tools have evolved to be much more than just a repository of contracts. They provide alerts on contract life events, empower in-house lawyers and business users with automated contract drafting and provide detailed analytics insights. Advanced CLM applications will even manage the contract negotiation process. We’ll discuss:
- What functionality you can expect from a state-of-the-art CLM tool.
- The anatomy of a CLM implementation project.
- Business case for CLM, both in terms of contract types and the use of the technology itself.
Gain practical insights from our Legal and Tax specialists on the importance of CLM and the best practices of the CLM tools.
Group contribution & new interest deduction rule: some reflections in the COVID-19 era
26 May 2020
Presenters: Bob Maurau (Deloitte Belgium Tax) and Nicolas Engelmann
During this webcast, we expand on a number of features of the group contribution regime and EBITDA-based interest limitation rule to understand the opportunities and pitfalls for both financial year 2019 and 2020 as a result of the Covid-19 economic situation.
The Belgian corporate income tax reform resulted in a major overhaul of the tax landscape introducing since tax year 2020 amongst others the group contribution regime and new interest limitation rules.
We will discuss a number of topics including:
- How the application of these measures may still reduce your cash taxes for 2019
- How do you apply these measures for 2019 (especially if different group companies can make/receive group contributions): some practical guidelines
- Which group contribution consequences should be monitored for mixed holding companies: does the group contribution regime potentially breach the Parent-Subsidiary Directive?
- What is the impact of a substantial decrease of your company’s earnings/increase of external borrowings (in financial year 2020) on both measures ?
- What are the pro-active measures companies can consider to try to reduce the adverse tax impact of the EBITDA-based interest limitation rule in case of an earnings drop/increased interest charges? Which pro-active measures can be considered with regard to the application of the group contribution regime?
Contract review and analysis in unprecedented uncertainty
21 May 2020
Host: Mark Ross
Presenters: Bryan Foster, Klaus Gresbrand, and Kai Jacob
COVID-19 is causing unprecedented disruption to global business. Organisations are looking to identify and mitigate the operational, economic, and business risks emanating from this pandemic. All departments will likely be impacted, including your legal department. Understanding what your contracts entail concerning potentially relevant provisions to the non-performance of contractual obligations is one in a number of crucial steps in helping to develop appropriate mitigation plans. We'll discuss:
- Identification and collation of impacted contracts.
- Contract culling strategies.
- Leveraging AI and legal managed services to identify potentially relevant clauses, such as Force Majeure, BCP, Notice, and others identified by in-house and outside counsel.
- Enhancing extracted contractual data with information from ERP, procurement, and finance systems.
- Counter-party notification, reach out, and remediation.
Join us to learn more about contract reviews and how to mitigate the risks impacting your organisation.
Business re-launch from a workforce perspective
7 May 2020
Speakers: Thomas De Donder, Joël Brehmen (Deloitte Belgium), Nathalie Vandaele (Deloitte Belgium), Sofie Van Breedam (Deloitte Belgium), Isabelle Buyse (Deloitte Belgium)
This webinar will address the points of attention related to re-opening of the business after the lockdown, focusing on the workforce considerations to take into account from a regulatory standpoint and stakeholders engagement perspective.
We will also share unique insights on how Deloitte as an organisation has addressed the practical side with testimonials from Deloitte’s own re-launch responsibles.
Investment management: The investment tools and market trends in Spain, Portugal, Switzerland, and Luxembourg
6 May 2020
Host: François Lerusse
Presenters: Joao Pinheiro Silva, Joana Pereira Dias, Ignacio Echenagusia , José M. Gómez, Agustin del Rio Galeote, Simona Terranova, and François Lerusse
In a more and more complex and regulated environment, investors and managers want safe, flexible, cost efficient, and global investment structures. To make their choice, many elements are to be analyzed: eligibility of assets, eligibility of investors, level of supervision, availability of the European passport, roles of external service providers, establishment and running costs, tax efficiency, etc. In this webcast, our multi-jurisdiction team of lawyers will present an overview of the latest trends in Spain, Portugal, Switzerland, and Luxembourg, and will introduce the features of one or more performing collective investment vehicles available in these countries. In particular, we’ll discuss:
- General overview of the markets.
- Luxembourg Reserved Alternative Investment Fund.
- Portuguese REIT regime.
- Spanish REIT regime.
- Swiss Limited Partnership for Collective Capital Investments and the future Limited Qualified Investor Fund.
Join us to learn more about the complex investment management in major jurisdictions in the region.
State aid in times of COVID-19: A practical overview of the coordinated response by the European Commission and Member States
29 April 2020
Host: Hendrik Viaene
Presenters: Rafael Piqueras and Hendrik Viaene
The outbreak of the COVID-19 infection has an undeniably significant economic impact. Almost all Member States have already announced or implemented support measures for citizens or companies. State aid spending in the context of COVID-19 is increasing exponentially on a daily basis and in all industry sectors, with more than EUR 600 billion spent by Member States since the beginning of the outbreak.
The European Commission is showing a much-desired flexibility and readiness through the adoption of a Temporary Framework to enable Member States to support the economy within the boundaries of competition law. Even so, companies must be aware of State aid risks and think twice before accepting state subsidies, tax breaks, state guarantees, R&D grants, etc. in the context of the COVID-19 outbreak. They may end up having to refund the State aid, increased with a substantial recovery interest rate.
In this Dbriefs, our Deloitte Legal international team of experts will:
- Provide a reminder on the basics of State aid (what is State aid, who are the stakeholders, what are the incentives).
- Explain the measures adopted so far by the European Commission in the context of the COVID-19 crisis, with a particular focus on the Temporary Framework and its subsequent amendments (what are the permitted types of aid, what are the limitations, how long will this regime apply).
- Provide an overview of the instruments adopted by different Member States across the EU (what types of measures are being implemented, which sectors are or will be beneficiaries of the aid, examples of aid to individual companies).
- Discuss the forecast, likely scenarios and way forward for State aid matters in the COVID-19 context.
Join our Deloitte Legal specialists who will share its experience from acting on State aid matters during the financial crisis back in 2008-2009 and during the present COVID-19 crisis.
Government and EU support to businesses in COVID-19 times
21 April 2020
Speakers: Hendrik Viaene, Corjan Visser (Deloitte Tax), Laurent Godts
The COVID-19 outbreak has significantly affected the economy, bringing an unprecedented impact for businesses to manage. In order to help mitigate this impact, the Belgian Federal and Regional governments, as well as the European Commission at EU level, issued various measures to support businesses, namely tax incentives, grants and credit mechanisms.
This webinar will focus on the grants and credit mechanisms made available in Belgium and by the EU.
• Introduction: EU State aid rules
• State aid approach in the context of COVID-19
• EU funding schemes
• Belgian funding schemes
• Belgian financial guarantee schemes
Coronavirus (COVID-19): Impact on Contracts – Force Majeure and MAC-clauses
16 April 2020
Host: Giorgio Mariani
Presenters: Muriel Feraud, Chris Hardman, Jan Jarmul, Andreas Leclaire, Francisco Mayor, and Ildar Zverev
In the context of the COVID-19 pandemic, many clients are faced with material problems in managing contracts. Companies have to deal with delivery bottlenecks, delays or other disruptions in performing obligations. Real estate agreements are also impacted, as well as extraordinary transactions such as mergers and acquisitions. Force Majeure clauses and Material Adverse Change clauses are discussed as possible solutions, suspending or even ending the performance obligations under contracts entered into. We'll discuss:
- General applicability of Force Majeure clauses and Material Adverse Change clauses across main European jurisdictions and recent trends in specific industries.
- Tactical approach negotiating COVID-19 as Force Majeure and dealing with responses to Force Majeure notifications.
Hear from our panel of experienced attorneys on the impact on contracts from the global and best-practice perspectives.
Breathe new life into the protection and monetization of trade secrets
18 March 2020
Host: Dulce Miranda
Presenters: Nuria Acinas and Peter Kits
In the course of their activities, companies develop information that is commercially valuable. Information is the currency of the knowledge economy and competitiveness is increasingly dependent on trade secrets of technical, strategical, and commercial nature. By protecting such a wide range of information, whether as a complement or as an alternative to other intellectual property rights, trade secrets allow innovators to get profits from their invests in innovation. For that reason, the European Commission approved a Directive for the protection of undisclosed information, that has now been transposed by the member states. In order to obtain legal protection against any kind of misappropriation, the company that controls such information must take reasonable measures to keep it secret. We'll discuss:
- Requirements for protection of trade secrets.
- Trade secret vs. patent.
- Legal aspects: licensing and legal protection measures.
- Technical protection measures.
Join us to know the steps that you need to put in place to protect your confidential information.
Special Edition | Coronavirus (COVID-19): How to manage the impact on your global workforce
17 March 2020
Host: Nicolaas Vermandel
Presenters: Erika Collins (Epstein Becker Green), Susan Gross Sholinsky (Epstein Becker Green), Fernando Bazan, Alexander Fischer, and Andrew Lilley
As news of the novel coronavirus's spread continues to have a dramatic impact worldwide, employers are facing countless questions about how to address the implications of the virus on their businesses and workforce. In this webinar, our panel of experienced attorneys will bring a global and best-practice perspective to the following topics:
- What lessons can employers learn from the experience in China?
- What restrictions should employers consider as to medical inquiries or quarantine?
- What is the latest on the legislative framework and temporary measures regarding pay, especially during quarantine, illness, or temporary shutdown?
- How do employers maintain business continuity during this crisis? What about paid time off and telework? What happens when employees refuse to work because of their concern over contamination risk?
Coronavirus – How to manage the impact on your workforce
Belgium Legal Dbriefs
12 March 2020
Presenters: Heleen Franco and Koen Fransaer (Deloitte Belgium)
As news of the Novel Coronavirus' spread continues to make headlines worldwide, employers throughout all industries are now questioning how to deal with the various implications of the virus on their businesses and workforce.
In this webinar, we discuss potential legal risks and best practices for managing workplace concerns relating to Coronavirus and other infectious diseases. We will address topics such as:
- Can you force your employees to work from home to prevent the risk of contamination?
- Can you ask your employees to take vacation days?
- What if your turnover decreases because of the Coronavirus, resulting in a declined workflow for your employees?
- Can you impose a medical check on employees who have travelled to countries affected by the Coronavirus?
The webinar will not only tackle these questions from a Belgian perspective, but will also look at certain measures implemented in neighbouring countries, as well as other international aspects that should be looked at.
Powers of the trade unions and staff representatives in the company: A comparative approach of the constraints of the employer in different jurisdictions
11 December 2019
Host: Nathalie Pequiman
Presenters: Fernando Azar, Klaus Heeke, Jolin Song, and Julia Torres
Freedom of union association is warranted in most jurisdictions. Within the company, this freedom may conflict with the freedom of entreprise. This Dbriefs webcast aims at presenting and understanding the extent of the trade unions/staff representatives' powers in the company and at comparing the constraints borne by the employer in different jurisdictions, including Brazil, China, France, Germany, and Spain. It would address the following key points:
- Do the trade unions/staff representatives have a right to be informed and/or consulted on all or part of the employer's decisions?
- Do they have a right to a co-determination of the employer's strategy?
- Are they entitled to negotiate with the employer to create rules applicable in the company?
- What are their means to operate at the workplace, e.g., via email, website, specific premises, etc.?
- What is the limit to their freedom of speech?
- Do they have legal capacity to bring a claim before the court/competent authorities in their name or in the name of the individual employees or together with the individual employees?
- Is there any mandatory requirement for the employer to allocate the funds for the trade union activities?
Our Deloitte Legal specialists will enable the auditors to have a better idea of how to address and handle trade unions/staff representatives' claims at the workplace in various jurisdictions.
What’s next for the company car and mobility within your organisation
Belgium Tax Dbriefs
25 June 2019
Presenters: Günther Boeyens, Stijn Demeestere and Timothy Bruneel
During this webinar, we will focus on new legislations that will drive the cost of your fleet and possible broader mobility solutions that you can offer going forward:
- The new European WLTP CO2-test and changes to the corporate tax deductibility of car costs. Both will impact the total cost or your car fleet, as well as employee taxable benefit in kind and net earning. The legal consequences of such changes will also be addressed to assess the impact on car policy.
- Furthermore, we will focus on new trends supported by the most recent Belgian legislative initiatives, such as the mobility budget, which aim at offering alternatives to the company car and can prove important in supporting a greener fleet and adjusting mobility behavior among your employees.
Harassment in the workplace: How to prevent and respond?
18 June 2019
Host: Florence Theodose
Presenter: Stefano Miniati, Charlotte Sander, and Jolin Song
How should a company react, from a practical perspective, in case psychological and/or sexual harassment may be disclosed or witnessed by its employees? What is the appropriate conduct to adopt for dealing with these situations in practice? Harassment may be defined as the repetition of acts with the intent or effect of deteriorating working conditions in a manner likely to affect the employee's rights and dignity, physical and mental health, or to jeopardize their professional future. Employers who failed to comply with its obligations in this respect could expose to being sentenced to pay substantial amounts in damages to any affected employees, as well to being convicted for criminal offences. In order to avoid such situations, the employer must take preventive actions and react quickly in the event of suspected harassment at work. This webcast will provide a comparative study among China, France, Germany, and Italy. In particular, we'll discuss:
- How to identify a situation of moral/sexual harassment?
- What are the existing reporting channels for denouncing moral/sexual harassment?
- What should be done during the inquiring phase (hearing of the victim, suspect, colleagues, etc.)?
- What can be done during the disciplinary phase (content of the Company Internal Rules, sanction of the harasser, sanction of the employee denouncing false charges, etc.)?
- Prevention of moral and sexual harassment.
Hear from a team of specialists to get a deeper understanding of the best way to identify and anticipate potential situations of harassment at work and how to react in these situations.
Life Sciences: from selling products to delivering services | Legal and indirect tax perspectives
Belgium Tax Dbriefs
18 June 2019
Presenters: Liesbet Nevelsteen, Wim Vandenberghe and Koen Segers
The life sciences and healthcare industry is highly regulated and subject to a multitude of industry-specific rules and regulations. This affects life sciences companies their operations from raw materials sourcing and production to warehousing, distribution and retail. Indirect tax considerations are essential to all these supply chain functions and is therefore also impacted.
During our webinar, we will focus on the shift by life sciences companies from selling products to delivering innovative solutions or services, in order to create value for the health care system and ultimately for the patients.
Data protection: HR focus on EU General Data Protection Regulation (GDPR) implementation
14 June 2019
Host: Nicolaas Vermandel
Presenter: Ivana Azzollini, Martin Doepner, Caron Gosling, and Julien Hick
After one year from the effective entry into force of the EU General Data Protection Regulation (GDPR) in May 2018, companies are facing the challenges of the implementation of such provisions in the HR environment. In this area, the GDPR leaves (under the perspective of common guidelines and goals) a wide space for local legislation to arrange for compliance, taking into account also labour law constraints. The topic requires a specific approach, both global and local at the same time, which may differ from the general GDPR implementation and may, in this respect have a huge impact on multinational groups processes and procedures. Leveraging on the broad experience accrued in this specific area, we'll discuss a comparative analysis among different countries (Belgium, Germany, Italy, and UK) on the main common issues to be considered:
- Main labour law issues affecting GDPR implementation in HR.
- Sensitive processes and data flows.
- Critical areas and triggers.
- Types of agreements to be entered into with HR-related service providers.
Join us to gain insights on how to manage and mitigate the risks and challenges in the GDPR implementation for your organisation.
Legal Risk Management: How does your organisation compare with the market? What does the future hold?
29 May 2019
Host: Karina Mowbray
Presenter: Tom Brunt, Emily Cromwell, and Stephen Lucas
Managing legal risk has never been more important for global organisations. As the Legal function transforms, so too does the way in which it contributes to an organisation's risk management approach, playing a greater role than ever before. However what exactly constitutes legal risk, how should it be managed, and by whom? Towards the end of 2018, we surveyed general counsel and senior in-house lawyers to benchmark approaches to legal risk management. We then overlaid Deloitte Legal's experience to form a view about what the future holds. During this webcast, we'll discuss:
- An overview of legal risk management and why it matters
- The key findings from our global cross-industry survey
- Our views on the future, including how technology will improve the management of legal risk
We invite you to join the conversation and learn how your organization can manage legal risk more effectively.
Brexit: Halloween extension
21 May 2019
Host: Andreas Jentgens
Presenters: Christofer Mellert and Meera Patel
The UK did not leave the EU on 29 March nor on 12 April, but will possibly exit on 31 October 2019 (or earlier if the Withdrawal Agreement is accepted, or later if another extension is agreed or not at all). The future is still unclear and businesses in the UK and the EU27 are now having to adjust their planning to new Brexit dates. The latest extension has neither removed nor diminished the risks and uncertainty but has at least provided some additional time. This time should be used wisely. Businesses should act now and finalise or bolster their contingency measures to make their operations are as “Brexit-proof” as possible. There are still legal actions possible and some only became practicable again as a result of the extension. A cross-border merger would again be possible to move entities or assets from the UK to the EU27 or the other way around. We'll discuss:
- The current Brexit situation.
- The possible legal measures that can be finalised until the new exit date.
- What are the next steps for businesses to brace for Brexit.
Gain practical insights from our legal specialists on the evolving situation and prepare your business for Brexit, whatever the outcome is.
Token issuance: Gain insight into the legal operating models around token issuance in the ICO and crypto market
3 April 2019
Host: Clemens Petersen
Presenters: Sven Buschke, Martin Flisgen, Albrecht Kindler, Kathrin Rennertseder, and Osman Sacarcelik
Albeit the ICO and crypto market is in its post hype winter after the big collapse of crypto currencies and ICOs in 2018, a silver lining is noticeable with major regulators admitting first companies with crypto / token bearing products. With its market cap still being north of USD 135 bn. with plus 3000 different tradeable tokens, new products surface the markets as the likes of security token offerings (STOs). This new more mature wave of token models might have the potential to spur mass adoption and enter the corporation realms. As soon as the maturity of market increases after the 2018 dent, survivors are more likely to have sounder businesses, emerging custodial services can boost re-gained trust further. Companies start to act now as legal frameworks are establishing and competitors are prepping up and are thinking about entering this still infant type of financing/utility instruments face many challenging decisions in order to avoid mistakes driven by a fear of missing out. The entire lifecycle of token emissions needs to be taken into consideration, starting with the strategy, whether or not to issue tokens, the choice of the token type and the token design and execution of the offering. As this is highly regulatory driven and has a manifold of legal ramifications, a key determinant of the success of the token offering lies with the legal structure and set-up. What should be considered to help them take the right design decisions? In this Legal Dbriefs, we’ll discuss:
- Market overview.
- Token spectrum.
- Regulatory challenges.
- Tax structure.
- Token design considerations.
Gain insight into the factors to consider whilst designing your legal operating model around token issuance. The topic should be of interest across business units, but with its focus on legal aspects in particular to general counsels and innovation teams of start-ups up to multinational companies, heads of operations for in-house legal functions, legal COOs, legal CFOs, and in-house legal practitioners.
Benefits and incentives given by European States: Making sure your company can keep them. A state aid primer.
20 March 2019
Host: Hendrik Viaene
Presenters: Csaba Markus, Rafael Piqueras, and Wim Vandenberghe
Although the general prohibition on state aid and exemptions are part of the European Union rule books since 1958 and state aid spending is ever increasing, with approximately EUR 116.2 billion spent in 2017, for a long time, the European Union’s state aid rules were not on the radar of EU and non-EU companies. In the last few years, however, the European Commission is cracking down on state aid even more than before. This is why companies must be aware of state aid risks and think twice before accepting state subsidies, tax breaks, cheap land, R&D grants, etc. If they do not act diligently, companies may end up refunding the state aid, increased with a substantial recovery interest rate. In this session, specialists with a proven track record in ensuring compliance of subsidies with state aid rules and substantial litigation experience, including before the European Court of Justice, will:
- Explain the basics of state aid (what is state aid, who are the stakeholders, what are the incentives).
- Zoom in on the current issue of state aid and taxation (individual tax rulings, taxation schemes, way forward).
- Describe approaches that can be undertaken in the area of R&D and government funding.
- Discuss the impact of corporate restructuring in one/more EU Member State(s) on the eligibility for regional aid in other EU Member States.
Specialists from Brussels, Madrid, and Budapest will provide practical insights into this challenging area of law and guide you on how to manage state aid issues.
Legal Management Consulting: How to design and optimise your Legal Operating Model
27 February 2019
Host: Karina Mowbray
Presenters: Tom Brunt, Meghann Kelley, and Lester Pereira
Companies face many challenging decisions in designing their Legal Operating Model. What should Legal functions be considering to help them take the right design decisions? We will discuss:
- What do we mean by an Operating Model?
- A representation of a typical Legal Operating Model.
- Diagnosing the Operating Model.
- Design consideration 1: Building a service catalogue for an in-house Legal Function.
- Design consideration 2: In-house v Outsource.
Gain insight into the factors to consider whilst designing your Legal Operating model. The topic should be of interest to General counsels at multinational companies, Heads of Operations for in-house Legal functions, Legal COOs, Legal CFOs, and in-house Legal practitioners.
Final settlement agreements between employer and employee: A comparative study
5 December 2018
Host: Florence Theodose
Presenters: Marta Fernandez-Blanco, Jolin Song, Florence Theodose, and Pedro Breyner Ulrich
Final settlement agreements are appropriate in the employment relationship to minimize the risk of a claim from the employee. Each settlement agreement is unique because the circumstances of each case are different, and different jurisdictions have different limitations, groundings, and enforceability. This webcast will provide a comparative study among China, France, Portugal, and Spain. In particular, we'll discuss:
- Definition of the settlement agreement and main difference with the mutual termination agreement.
- Practical impacts on the settlement agreement on the employer-employee relationship.
- Conditions for the settlement agreement to be valid.
- Favorable social and tax treatment of the settlement indemnity paid to the ex-employee.
Learn more from employment law specialists to get a deeper understanding of how different legal framework works on final settlement agreements.
International dismissal of employees in a changing environment
11 April 2018
Host: Nicolaas Vermandel
Presenters: Ivana Azzollini, Bart Colpaert, and Koen Fransaer
Companies often struggle with the dismissal of employees in an international perspective. They wonder about the cost associated with a dismissal in a given country, the formalities that need to be complied with, impact of legislative changes, etc. What important issues should HR leaders factor into their plans? We'll discuss:
- Main findings of the 2018 international dismissal survey, which includes over 45 countries.
- Insights on the related cost, the formalities per country, the balance of power between employer and labor courts regarding dismissal, derogative framework for managing directors.
- The (changing) employment and dismissal landscape in a selected number of countries.
- The need for a governance model regarding dismissal.
Gain insights into legal and practical issues potentially affecting multinational companies that seek to conduct international dismissal.
Data Protection: Practical aspects and concerns on key elements introduced by the EU General Data Protection Regulation (GDPR)
14 March 2018
Host: Dr Julia Hilberg
Presenters: Marloes Dankert, Amalia Del Val, and Matthias Vierstraete
After nearly two years from the approval of the EU General Data Protection Regulation (GDPR) in April 2016, we are entering the final stretch of its effective entry into force, May 2018. The GDPR, as it has been discussed in former sessions, introduces significant material changes on some of the core concepts of data protection, as for example consent or information duty. Companies face additional requirements and severe penalties for non-compliance. Even though the deadline to comply with the new requisites introduced by the GDPR approaches, there still many companies that hesitate on how to implement the new elements in a way that would not negatively affect their business or supposes disproportionate efforts. The new obligations and characteristics introduced by the GDPR entail not only changes in the legal policies but also in organizational strategies and technical developments. Therefore, the interpretation of the new elements introduced by the GDPR has to be performed from a perspective in which requisites and obligations are balanced with the business strategies. We'll discuss:
- New obligations of third parties and new requisites applicable to third parties contracts – how to deal with data processors negotiations and contracts under the GDPR new scenario.
- Main changes in the implementation of consents and information – how those changes could be articulated on your current data protection policies.
- New rights and data retention – how to deal with the answer to the new rights and data blockage/anonymization possibilities.
Hear from a Legal and Risk team of specialists to get a deeper understanding on the interpretation in practice of the key elements of the GDPR that may be determinant on your businesses and compliance strategies.
Macron ordinances: Significant revision of the French labor law
14 February 2018
Host: Abdelmalik Douaoui
Presenters: Nathalie Pequiman and Florence Theodose
Ordinances reforming French employment law were issued on 23 September 2017, with a view to providing more security and more flexibility to work relationships between employers and employees, as well as simplifying some French employment law provisions. As part of these ordinances, we will discuss a number of measures impacting a wide range of employment law subject matters, including:
- New rules governing the grounds of dismissals.
- Statutory definition of the framework to assess the economic ground of dismissal, the elimination of the redeployment obligation abroad and the simplification of the redeployment offers.
- Implementation of a scale to determine the amount of damages to be granted by the judges in case of a wrongful dismissal.
- Reduction of the statute of limitation of court actions in case of claims for wrongful termination.
- Possibility to enter into a collective bargaining agreement resulting into employees’ voluntary departures without application of the redundancy legislation.
- Possibility to enter into a collective bargaining agreement to modify the employees’ contractual terms and conditions related to remuneration, working time, place of work, and job description.
- Merger of the current staff representative bodies (Staff Delegates, Works Council, and Health and Safety Committee) into one single Social and Economic Committee (CSE).
Learn more to get practical ideas on how these ordinances will impact day-to-day work relationships in France.
Acquiring a distressed business under pre-insolvency or insolvency proceedings: "How to use" guide for investors in Europe
13 December 2017
Host: Arnaud Pedron
Presenters: Jean-Pascal Beauchamp, Glenn Hansen, Marta Morales, Johannes Passas, and Arnaud Pedron
According to the European Commission, 50% of new businesses survive less than 5 years, causing 200,000 annual bankruptcies and the destruction of 1,700,000 jobs. However, the insolvency rates in the EU are falling in the last few years and the index of confidence of economic stakeholders published by the European Commission has recently reached its highest level for more than a decade. In this new favorable context, investors are more motivated for taking over distressed businesses, especially in some leading sectors. These takeovers prevent many companies from liquidation and thus contribute to save employment. We will provide to purchasers who contemplate to acquire a distressed company a "how to use" guide of the best practices in Belgium, France, Germany, Spain, and the UK, specifically:
- Overview of the best practices and procedures.
- In and out of court process.
- Within pre-insolvency or insolvency situations.
- Share deal or asset deal?
- Step plan, key issues, specificities, and pros and cons of each practice.
- Practical implications and challenges.
Hear from the specialists to get practical ideas on acquiring a distressed business.
Managing compliance risks in M&A transactions
6 December 2017
Host: Dr. Markus Schackmann
Presenters: Dr. Sophie Luise Bings, Charlotte Edmead, Thomas Kirstan, and Dr. Markus Schackmann
Today, economic crime is gaining more and more attention to global regulators. Global players face fines of millions, even billions of dollars, for crimes committed within their sphere of responsibility. While at least the big companies have started to work intensely on their internal Compliance Management Systems, many of them have not yet thought about external compliance risks – resulting from business partners, joint venture partners, or M&A-targets. In this Dbriefs, we'll focus on external compliance risks resulting from M&A-targets with special insights on:
- Why compliance due diligence should be exercised.
- How compliance due diligence could be performed.
- What impact red flags / findings could have on the deal structure.
- Which possibilities you have to address red flags in M&A-contracts.
Gain insights and learn how corporate entities and executives can minimize liability risks.
Foreign investor's acquisition under the China's new foreign direct investment (FDI) Regulatory Scheme – New record-filing system
30 November 2017
Host: Jie Zheng
Presenters: Hazel Fan and Ryo Lu
On 30 July 2017, the Ministry of Commerce of China issued the newly revised version of the Provisional Measures on Administration of Filing for Establishment and Change of Foreign Investment Enterprises. Under this revised version, the record-filing system, as a new regulatory system, was launched for acquisition of Chinese domestic enterprises by foreign investors, and the old approval system has been abolished. The process of acquisition by foreign investors is significantly simplified under the new record-filing system. We'll discuss:
- Background of the new record-filing system.
- Definition and forms of foreign acquisitions.
- Scope of foreign acquisitions subject to the record-filing system and exceptions.
- Impacts on foreign acquisitions.
Stay informed about the current developments and learn about what will become of foreign investment in China.
Insights from Deloitte's 2017 Human Capital Trends: Flexible employment in the gig economy
5 October 2017
Host: Stijn Demeestere
Presenters: Fernando Bazan, Stijn Demeestere, Martin Doepner, Sashil Durve, Nathalie Pequiman, and Yves Van Durme
The Deloitte's Human Capital Trends 2017 shows that the future of work has arrived now. Companies can no longer consider their workforce to be only the employees on their balance sheet, but must include interim workers, freelancers, "gig economy" workers, and crowds. These on- and off-balance sheet workers are being augmented with machines and software. Further, both companies and employees are increasingly demanding flexibility in terms of rewards, working time, and work location. We'll discuss:
- The concept of flexible resources, with focus on types of flexible resources, legal conditions, and points of attention.
- The flexibilities that companies have to change their resources' function, location, and working time in order to meet changing demands.
Learn more to get practical ideas on how to shape the workforce of the future.
Non-performing loan (NPL) transactions in Europe: Key legal and financial aspects
27 September 2017
Host: Andrei Burz Pinzaru
Presenters: Andrei Burz Pinzaru, Guerino Cipriano, Ingrid Dubordieu, Ignacio Echenagusia, Albrecht Kindler, and Will Newton
A number of banks in Europe are still experiencing high levels of non-performing loans (NPLs). These NPL levels have a negative impact on bank lending, internal resources, and capital constraints of a bank. The last two years we have seen a flurry of political and supervisory activities focused on tackling the overhang on NPLs in the European market which have led in disposals of loan portfolios by many banks. According to the "Transparency Exercise" of the European Banking Authority just over Euro 1 trillion of NPLs are still on bank's books in the Eurozone. We will give an overview about regulatory and political initiatives and discuss this with a focus on transaction specifics in Central Europe, Spain, Germany, Luxembourg, and Italy:
- Deleveraging the European banking sector: outline of current regulatory and political initiatives.
- Key legal issues in NPL transfer documentation in Central Europe.
- Legal features of NPL acquisitions in Spain.
- Legal due diligence in NPL deals in Germany: main aspects to be considered.
- Structuring the acquisition: using Luxembourg securitization vehicles in NPL acquisitions.
- Structuring NPL deals to maximize value extraction from an Italian perspective.
Enhance your understanding of the specific features and legal issues of NPLs in various key European countries that may impact your company.
Restrictive covenants and competition clauses in European employment contracts: A hindrance or protection?
21 June 2017
Host: Fernando Bazan
Presenters: Petter Schjelderup, Tim Spellmann, and Eleanor Welch
Restrictive covenants are one of the only limitations on the freedom to provide services to workers. In order to keep such clauses valid and applicable, it is necessary to comply with a series of relevant legal requirements that may vary according to the jurisdiction in question. The difference between the validity or invalidity of a clause may be motivated by failure to comply with a statutory requirement. We will analyze the content of the restrictive covenants with special attention in the followings:
- Analysis of the legal requirements.
- Maximum terms.
- Compensation requirements.
- Types of restrictive covenants.
- Application of the restrictive covenants in the different jurisdictions.
Learn and benefit from the experts to get practical ideas for employers dealing with restrictive covenants issues across a number of countries.
Global regulatory crisis management: New trends and future best practices
24 May 2017
Host: Alex Schemmel
Presenters: Andrei Burz-Pinzaru, Joana Pereira Dias, Frank O'Toole, and Alex Schemmel
The regulatory framework for corporations and corporate executives is becoming more and more complex. With liability expanding from direct involvement in regulatory violations or criminal activities to indirect or circumstantial "complicity", there is an increasing tendency for regulatory authorities to not only focus on business entities, but also on "targeting" corporate executives. Business-driven integrity is what makes legally compliant behavior on the part of the company's management bodies and employees possible. While prohibition-driven compliance programs serve the purpose of avoiding punishment and are therefore often viewed as a hindrance or a cost center, the business-driven integrity approach aims at adding value and therefore, at achieving a competitive advantage. Which are the key elements of business-driven integrity and how can they support an effective regulatory crisis management? We'll discuss:
- Introduction – the need for international risk management.
- An integrated approach – managing "dawn raid" situations and internal investigations.
- Market abuse: new European legislation and the need for compliance programs.
- Fraud: an international perspective.
Hear from the inter-disciplinary team of experts about new trends and future best practices to have a better understanding of how to truly manage regulatory crisis situations, and thus minimize liability risks for corporate entities and executives.
Posted Workers Directive: New employers’ obligations across Europe
29 March 2017
Host: Filip Van Overmeiren
Presenters: Ivana Azzollini, Sashil Durve, Pablo Santos Fita, and Marcin Sekowski
Directive 2014/67/EU is implemented in several European countries and will have high impact on companies’ international mobility plans and procedures across Europe. We will cover the main attention points with a special focus on the legal environment in targeted countries (Italy, Poland, Spain, The Netherlands, etc.):
- Local labour conditions to be applied to seconded employees.
- New secondment declarations / notifications.
- New compliance requirements (social documents, contact person, etc.) and liability mechanisms.
- Employers’ sanctions for non-compliance.
Gain insights from the experts and have a better understanding of your new liabilities as sending employer.
Brexit from the Legal perspective: Are you ready?
21 March 2017
Host: Andreas Jentgens
Presenters: Cloe Barnils, Kim Chatterley, and Julia Sierig
Brexit will have a huge impact on a number of very important aspects of doing business within or with the UK. Strategic decisions need to be made by international businesses and organizations on how they should respond to the changing environment. Legal questions are at the core of the strategic implications and practical implications. What legal areas are impacted by the UK leaving the EU? How can companies prepare for “Brexit” turning into a reality? What challenges lie ahead? Have you identified and covered the risks and unlocked the opportunities that might arise? This Dbriefs will make “Brexit” tangible for you, by highlighting the following points:
- Different scenarios for Brexit: What would a “hard” Brexit look like? Will the UK end up in a trade position (with the EU) like Norway or Canada?
- Legal implications, for example:
- What consequences will Brexit have on certain legal forms or cross-border reorganizations?
- What restrictions on the free movement of workers are to be expected and how can multinationals prepare?
- Will the UK be a “third country” with regard to personal data and data protection?
- Possible responses and implementation.
Gain insights on these issues and be prepared for the upcoming challenges.
Intercompany Contracts: BEPS and the increased importance of contractual documentation
15 February 2017
Host: Willem Henckens
Presenters: Dulce Miranda, Richard Schmidtke, and Stefan Wilke
Following the publication of the final OECD Reports regarding BEPS Action 8-10 (Aligning Transfer Pricing Outcomes with Value Creation) and Action 13 (Transfer Pricing Documentation and Country-by-Country Reporting), intercompany contracts between related parties (IC Contracts) are the starting point of a transfer pricing analysis. However, IC Contracts can be ignored for transfer pricing purposes to the extent that they are not aligned with the conduct of the parties. We'll discuss:
- The increased importance of IC Contracts in accordance with BEPS and its local implementation in various countries.
- The urgent need for care and attention to the proper IC Contract drafting.
- How the introduction of technology solutions can support the IC Contract creation and management.
Gain insights from experts and have a better understanding of the increasing importance of contractual documentation in the light of BEPS.
General terms and conditions in the digital era / 4.0
15 December 2016
Host: Muriel Feraud-Courtin
Presenters: Joanna Dudek, Francesco Mirarchi, and Torsten Schmitz
Small print (general terms and conditions, "GT&C") has become more important for the 4.0 industry. While products and services are digitalized, the corresponding contracts are concluded in an automated way. The use of GT&C involves not only standard legal issues ("all-time favorites") but also innovative fields of application with new legal impact. Furthermore, country specifics need to be regarded before the background of the digital challenge. We'll discuss:
- Incorporation of GT&C in supply agreements (Rome-I Regulation, Battle of the Forms, E-Commerce) – Germany.
- Application of "old-fashioned" rules to the new digital environment – Italy.
- GT&C for on-line sales with specific mentions – France.
- Digital industry and new legal forms of entering into contractual relations – Poland.
Gain insights from the experts and understand the impact for your business and the need for change.
Control of executive remuneration by shareholders: Where are we today and what’s next?
30 November 2016
Host: Antoine Larcena
Presenters: Anne-Sophie Blouin, Manuel Fernandez Condearena, and Alberto Gallarati
Executive remuneration has made the headlines in a number of countries over the past few years and further legislation may be under way in France and the UK where annual binding vote is now being considered. What do these trends mean for other European companies and their executives? With a special focus on the UK, France, Italy, and Spain, and comparison with other Northern-European countries, we’ll discuss:
- Trends related to executive officers’ salary regulations.
- The rights of the general shareholders’ meeting to obtain information on executives’ remunerations and to approve such remunerations.
- Regulations on various types of companies including SMEs, listed companies, etc.
- The UK has had an advisory vote on executive annual remuneration for nearly fifteen years and a binding vote on policy since 2013. We will discuss the impact so far and what other European countries may want to consider ahead of the implementation of the European Shareholders Rights directive which will give shareholders a say on pay in a way similar to the UK’s.
Learn from our experts on the constraints and good practices concerning executive officers remunerations in Europe.
EU General Data Protection Regulation: New challenges and opportunities
22 September 2016
Host: Annika Sponselee
Presenters: Dr. Söntje Julia Hilberg, Dr. Sebastian Leder
After more than four years of debates throughout Europe, the EU Parliament finally passed the EU General Data Protection Regulation (GDPR) in April 2016. Beginning on 25 May 2018, the unified rules apply throughout the EU and introduce some material changes. Companies face additional requirements and severe penalties for non-compliance. Therefore, it is more important than ever to focus on the establishment of effective data protection measures. But this often called “burden” caused by the new regulation is only part of the story, there is more to be told about it. So far, many companies still hesitate to use their data in the best way for their business, i.e., to invest in new data-driven business models. One of the reasons often mentioned is the difficulty to evaluate and control the risks. The GDPR might change that in the future as it follows a risk-based and technical approach. Methodologies such as standardization and certification, as well as modern concepts, like “privacy by design” and “privacy by default”, will help mitigate risks. Therefore, the GDPR can also be seen as an “enabler” and as an opportunity to develop new strategies to optimize the use of data. We’ll discuss:
- Main changes under the GDPR and “checklist to comply” – how you get ready for May 2018.
- New business opportunities and “roadmap” – how you analyze and structure your potential.
- Future prospects (Analytics show case) – how you might use your data in the future.
Hear from a team of experts to have a better understanding of the impact that the GDPR will have on the use of data in your businesses.
Collective dismissals in Europe: Legal and practical issues
16 September 2016
Host: Stijn Demeestere
Presenters: Ivana Azzollini, Eric Guillemet, Klaus Heeke, and Pablo Santos Fita
Multinationals have recently been reshaping their business model or legal structure to increase efficiency, to reduce costs, or sometimes for tax reasons. Some of these changes may have a significant impact on personnel and involve relocations, or even collective dismissals and/or closures. With a special focus on Belgium, France, Germany, Italy, and Spain, we’ll discuss:
- Threshold for a collective dismissal.
- Subsequent phases of the collective dismissal procedure.
- Best practices to plan a reorganization.
- How to avoid the typical pitfalls during the information and consultation procedure.
- Is the social plan always needed? What are the main components?
- Points of attention when implementing the reorganization.
Gain insights from the experts and have a better understanding of collective dismissals and its impact.
Exit Provisions in M&A Transactions
8 June 2016
Host: Piotr Sitarski
Presenters: Marcin Kozicki, Andrea Sciortino, and Dr. Michael von Rüden
Exit provisions in joint ventures or similar investment arrangements can be key and critical in the lifecycle of a joint investment, should certain events occur. There are many reasons why joint investment parties may wish to terminate their relationship: i) one party might want to sell its share to a third party; ii) the joint investment might have achieved its purpose; iii) the termination might be the result of a desired exit strategy (i.e., sale or IPO); or iv) one party might have severely breached the joint investment agreement or the parties ended up in a deadlock. Thoughtful and extensive exit mechanisms are therefore important and useful for all M&A participants, whether private equity and other financial investors, passive investors or minority shareholders. Unfortunately, it is common that parties neglect to adequately provide for exit clauses and yet this is often one of the main considerations. We’ll discuss:
- Most common exit structures and rationales.
- Reasons why one mechanism might be more appealing than another.
- Practical examples and Hallmarks of Polish, German, and Italian case law.
Experts will share views on how to best plan and implement exit strategies.
Drafting Intercompany Agreements on Intangibles in the BEPS Environment: From a Legal Perspective
19 May 2016
Host: Dulce Maria Miranda
Presenters: Richard Schmidtke, Maria Vidal, and Matthias Vierstraete
Action 8 of the OECD BEPS Action Plan aims to prevent base erosion and profit shifting by moving intangibles amongst group members. The final report addressing Action 8 imposes new compliance burdens on multinationals. What are the crucial legal aspects that you need to know to comply with the new requirements? We'll discuss:
- Identification of intangibles and the drafting and reviewing of IP-related intercompany agreements.
- Consideration of nature, objective, and territorial scope of the rights.
- Explanation of the DEMPE concept as developed by the OECD for intercompany transfer pricing and its consequences on intercompany agreements.
- Consistency between the contractual terms of the intercompany agreement and the actual conduct of the parties.
Hear from a cross-border team of experts and the combined approach of IP Legal and Tax to have a better understanding of the impact on businesses for the management of intra-group IP-related agreements.
Cross-Border Relocation of Companies within the EU: A Chance for Your Company? – Opportunities, Challenges and Potential Pitfalls
11 May 2016
Host: Felix Felleisen
Presenters: Nikki Borgman, Andreas Knijpenga, Sylvain Lesaffre, and Heike Richter
In addition to cross-border mergers, the transfer / relocation of the statutory seat of a company from one EU Member state to another whilst simultaneously changing the legal form of the entity into a legal form of the recipient EU Member state has become a viable reorganisation option within the EU for international groups of companies. Such relocation of limited liability companies within Europe is a consequence of the freedom of establishment and ECJ case law, potentially offering tax benefits in comparison to cross-border mergers or other options like asset transfers and cross-border accretions. It may be an alternative to a potentially burdensome liquidation and formation of a new company. We’ll discuss:
- General possibility of relocation within the EU.
- Opportunities, challenges and potential pitfalls.
- Practical experience with successful recent relocations in Germany, the Netherlands, Luxembourg, and Switzerland.
- Tax treatment and potential benefits associated with relocations – avoidance of transfer taxes and in particular avoidance of Real Estate Transfer Tax.
Gain insights from the experts and have a better understanding of the opportunities offered by cross-border relocation.
Workforce-on-Demand: A New Era for Employment?
12 April 2016
Host: Nicolaas Vermandel
Presenters: Fernando Bazan, Gijs Celis, Sashil Durve, Boris Emmerig, and Liesbeth Van Malderghem
Employment patterns have changed considerably over the past decade. Based on studies conducted by the International Labour Office of the UN, full-time, stable employment contracts represent less than one in four jobs and that fraction is falling. The standard employment model is less and less dominant. New technology and changes in the way enterprises organise production are key factors behind the shift in employment relationships and the spread of new forms of work. It may therefore not come as a surprise that the Deloitte Global Human Capital Trends 2015 survey also indicate that global HR managers regard workforce-on-demand as a key trend and priority. In view of these, legal and tax experts as well as HR consultants of Deloitte will address the following topics:
- Workforce-on-demand – drivers, trends, and challenges.
- Strategic elements such as work force planning, talent and engagement management, etc.
- Legal and tax boundaries in Europe.
- Governance structure, e.g., how to align HR, procurement, and business.
- Quid recruitment, management, etc. – how to reward? Quid about performance management?
- New forms of collaboration – crowdsourcing, virtual free lancers, etc.
Gain insights from the experts and understand how your company may manage these new trend and priorities.