• 0204/2014

    Gibraltar as an EU Finance Jurisdiction

    Please see our brief bullet-point overview of Gibraltar as a competitive European jurisdiction for financial services.

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  • 2210/2013

    Pensions in Gibraltar: overview

    A Q&A guide to pensions law in Gibraltar.

    The Q&A gives a high level overview of the key practical issues including: state pensions; supplementary pensions; tax on pensions; transfer of pensions; participation requirements for pensions.

    The Q&A is part of the Multi-jurisdictional Guide to Employment and Employee Benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

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  • 2210/2013

    Employment and employee benefits in Gibraltar: Overview 2013

    A Q&A guide to employment and employee benefits law in Gibraltar.

    The Q&A gives a high level overview of the key practical issues including: employment status; background checks; permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; intellectual property; restraint of trade agreements and proposals for reform.

    To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool.

    The Q&A is part of the Multi-jurisdictional Guide to Employment and Employee Benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

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  • 2609/2013

    Biasci ECJ Ruling

    The Italian Courts referred the matter of Biasci and others (C-660/11 and C-8/12) to the CEJ for a preliminary ruling on matters concerning Italy’s national gambling legislation and whether or not it breached Articles 43 and 49, (freedom of establishment and freedom to provide services).

     

    The case was brought to the Italian courts by a data transfer centre (DTC) based in Italy, who forwarded bets from the public in Italy to Goldbet Sportwetten GmbH  (a licensed  operator in Austria) to facilitate placing of bets in Austria. The DTC alleged in the main proceedings in Italy that Italian legislation infringed the principle of mutual recognition as it unable to obtain a licence in Italy to provide its services, despite it already being authorised by another member state to carry on its gambling activities. 

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  • 2509/2013

    PLC Restructuring & Insolvency in Gibraltar 2013

    This Q&A of Gibraltar law gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases and proposals for reform.

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  • 3008/2013

    The proposed UK remote gambling point of consumption regime – a solution looking for a problem?

    The Gambling (Licensing and Advertising) Bill proposes to reform the treatment of overseas based companies providing gambling services to consumers in the UK. The Gambling Bill was introduced in the Queen’s speech in May 2013 and the Bill is expected to pass into law within the next 6 months.  In addition, the next Finance Bill is expected to contain measures implementing the point of consumption gambling duty regime by December 2014. We refer to the combined measures as the ‘POC Regime’.

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  • 1604/2013

    The impact of the 4th Money Laundering Directive on Online Gambling

    In this presentation Peter Howitt summarises the main changes envisaged by AMLD IV and examines areas of potential reward and concern (based on experiences in the e-money sector) for the industry, he also suggests solutions at a European political and industry level to help ensure that the online gambling sector is treated fairly and constitutionally once it is fully within scope. 

    This presentation was delivered to attendees of the KPMG e-gaming Summit 2013

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  • 0904/2013

    Capitalising on the Cloud within Europe

    The potential for cloud services and their impact on how data can be utilised is huge, but a concern remains that the possibilities these services enable are inhibited by the patchwork of EU legislation that relates to e-services. Peter Howitt examines this concern and suggests solutions at an EU level to help enable the full potential not only of the cloud but of e-commerce services in general. This article was first published on the ecommerce law & policy subscription service and is reprinted here with the kind permission of the publishers.

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  • 2503/2013

    Issuing & Safeguarding of E-money

    Issuing & Safeguarding of E-money – some interesting cross-border issues in Europe and the potential implications of the Lehman Bros case  

    When funds are received by an Electronic Money Institution (“EMI”) from their clients for the purposes of obtaining e-money from the EMI, an EMI is obliged  to immediately issue (and redeem on request) e-money in accordance with the 2nd E-money Directive E-Money Directive (2009/110/EC) (2nd EMD). In addition, it is clear that EMIs must also “safeguard funds that have been received in exchange for e-money that has been issued”.  European EMI's must take careful measures to meet these obligations given the differences in transposition and interpretation of the underlying European Directives and the variety of relevant Member States. EMI's must undertake careful and continuous money management processes.

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  • 2607/2012

    Act Now - The Cookie Monster is Coming

    The new European online Cookie Law imposes fresh challenges for businesses increasingly using Cookies and similar online tracking technologies to improve their e-commerce offerings.

    The new Cookie law will be of great interest to e-commerce players (including financial services companies, electronic marketers, social and games application makers and providers and online gaming companies)  that offer intensive data or transaction driven services heavily reliant on Cookies to support a wide range of online services, functions and advertising requirements. It should also be of particular note to online companies established outside of the European Union (e.g., American companies because so much of the online commerce, social and gaming innovation that is developed there is used by European users). 

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