Committee publications
Can Canada revoke Elon Musk’s citizenship?
In February 2025, petition e-5353 to the Canadian parliament was opened for signature. The petition calls on the Canadian Prime Minister to revoke Elon Musk’s Canadian citizenship status. The petition reflects serious concerns Canadians have regarding our sovereignty and foreign influence in our electoral process. However, currently the Canadian Citizenship Act does not allow for revocation of citizenship on the grounds listed above.
Released on May 6, 2025
From typewriters to artificial intelligence: the evolution of legal practice and the promise of a more balanced future
From the age of carbon-copy memos and couriers to the digital era of cloud-based case management and artificial intelligence (AI), legal practice is transforming. As we stand before the new frontier of generative AI, legal professionals – whether in solo practices, small partnerships or large international firms – must not only adapt but also embrace the promise of becoming more efficient, more effective and more human in the way we practice law.
Released on May 5, 2025
Brazil adopts top-up tax for multinational companies (BEPS Pillar II)
This article addresses key aspects of new Brazilian law and regulations on taxation of local income obtained by large multinational groups, released in late 2024 and effective from January 2025.
Released on May 5, 2025
Brazil’s legal framework for cryptoassets and upcoming regulation
The Brazilian Virtual Assets Law (BVAL), enacted on 21 December 2022, establishes guidelines for virtual asset services and providers, and became effective on 20 June 2023. It mandates compliance with anti-money laundering (AML) control mechanisms and assigns regulatory authority to the Brazilian Central Bank (Banco Central do Brasil or BCB) for oversight purposes. Public consultations on the regulation of virtual asset services providers (VASPs) are ongoing, with specific focus areas including asset classes, authorisation requirements and operational activities in regard to the foreign exchange market.
Released on Apr 30, 2025
Intellectual property law in the age of emerging technologies
Intellectual property (IP) law is changing dramatically, owing to the rapid growth of developing technologies, globalisation and ongoing legal reforms. In recent years, there has been a significant shift in how IP is regulated and used by businesses. In addition to altering the IP environment, the emergence of modern technologies, like blockchain, big data and artificial intelligence, has presented serious obstacles to the established frameworks for IP enforcement and protection. These technologies are demonstrating the adaptability of IP rules in the present day and changing the core ideas that support them.
Released on Apr 30, 2025
Liability for software under the new European Product Liability Directive
This article provides an overview of the liability for software under the new European Product Liability Directive (EU) 2024/2853 and highlights the conditions under which liability for software arises.
Released on Apr 30, 2025
Brazil’s leading position in data centre and cloud computing investments: key drivers and future perspectives
This article aims to analyse key drivers for Brazil’s current strategic and privileged position in digital infrastructure investments, especially considering the data centre and cloud computing industry. Brazil has enjoyed an investment boom, which has arisen due to a variety of positive factors, including: the legal framework which has lowered the regulatory burden on these activities; organic demand for digital infrastructures that support sophisticated applications and technologies; natural competitive advantages; and pro-investments public policies by the government. It is expected that Brazil will continue this momentum by attracting investment in digital infrastructure and will become a digital leader in the near future, unlocking new opportunities, as new pro-investment policies are yet to be released by the government.
Released on Apr 30, 2025
Consent managers: an Indian solution for managing consent
India’s data protection landscape is undergoing a transformation with the introduction of the Digital Personal Data Protection Act 2023, which envisions the establishment of the role of consent managers to streamline the process of managing, reviewing and withdrawing consent for data processing. While the framework draws parallels with the ‘account aggregator’ model in the financial sector, it presents unique challenges in terms of interoperability, security and regulatory compliance. The full impact of the framework on consent managers will depend on its effective implementation and the finalisation of supporting rules.
Released on Apr 30, 2025
The Ukrainian law on the provision of digital content and digital services
This paper analyses Ukraine’s digital content law that has been recently enacted to implement the European Union Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services. It examines the scope of the new legal framework, detailing the key obligations imposed on service providers, as well as the enforcement mechanisms and potential penalties for non-compliance. Additionally, the paper evaluates anticipated regulatory developments necessary for the full operation of the law.
Released on Apr 30, 2025
Blockchain and smart contracts: from speculative uses to supporting sustainable supply chain practices
The article argues that the features of blockchain and smart contracts can support sustainable practices in non-financial sectors. It first presents the concept and functionalities of blockchain and smart contracts. To illustrate alternative uses of such technology, the article then provides some examples. Finally, a reflection on the challenges in regard to regulation and public policies is offered. This reflection emphasises the relevance of adopting a technical perspective on the matter that avoids hindering innovation.
Released on Apr 30, 2025
Prospective employee background checks: privacy considerations for employers in India
This article examines the interplay between the common practice of conducting pre-employment background checks and protecting a candidate’s right to privacy. India’s new data protection law, the Digital Personal Data Protection Act 2023 (which is yet to come into force), allows the processing of personal data on two grounds only, namely when consent has been given and for certain specific legitimate uses. It assesses whether pre-employment background checks fall within scope of such legitimate uses and also explores the challenges posed by the involvement of third-party service providers in background verification processes. This article concludes by highlighting some key practices that may be adopted by employers to ensure compliance with data privacy laws during pre-employment background checks.
Released on Apr 30, 2025
Brazilian National Data Protection Authority’s guide on the role of the data protection officer
The data protection officer plays a crucial role in ensuring the compliance with data protection laws, transparency requirements and effective data protection practices within organisations subject to the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados or LGPD). Acting as a communication bridge between the data controller, data subjects, and the National Data Protection Authority, the DPO plays an essential role in overseeing the protection of personal data. Key aspects of the role include the fulfilment of the formal designation process, attainment of the required qualifications and the need to prevent conflicts of interest.
Released on Apr 30, 2025
The development of private capital and its influence on debt markets
On 29 January 2025, officers from the IBA Banking and Financial Law Committee convened remotely to debate the development of private capital and its influence on debt markets in their individual countries.
Released on Apr 29, 2025
Enhancing transparency and accountability in Ghana’s financial sector: The Bank of Ghana’s Corporate Governance Disclosure Directive
The Bank of Ghana’s Corporate Governance Disclosure Directive (CGD), introduced in May 2022, aims to enhance transparency, accountability and public trust in the country’s financial sector. The Directive mandates detailed disclosures in regard to board governance, risk management, remuneration policies and internal controls for regulated financial institutions (RFIs). By enforcing these reporting requirements, the CGD seeks to improve governance practices, strengthen market discipline and align Ghana’s financial sector with international standards. This article evaluates the CGD’s provisions, its impact on RFIs and its potential to boost confidence and stability in Ghana’s financial system.
Released on Apr 29, 2025
How to internationalise your business
For many law firms, international legal work is already part of their practice. Whether it is advising foreign investors, navigating cross-border transactions or handling disputes with an international element, legal teams often engage beyond their own jurisdictions. But true internationalisation is more than just taking on occasional cross-border matters.
Released on Apr 29, 2025
Credit risk transfer in Brazil: bridging the gap in regard to synthetic instruments
This article reviews the alternatives for banks in Brazil to transfer credit risk from their portfolios, including the existing shortcomings and the road ahead to the wider adoption of synthetic transfer structures.
Released on Apr 29, 2025
The simplification of public fundraising in Mexico
This article explains the current Mexican regulatory framework for public fundraising, whether through debt or equity, focusing on the recent modifications made to the Securities Market Law and the implementation of the Law to Regulate Financial Technology Institutions.
Released on Apr 29, 2025
Assignment of rights under the Saudi Civil Transactions Law: legal framework and practical implications
This article explores the assignment of rights under the recently enacted Saudi Civil Transactions Law (CTL), which codifies the essential principles of civil law. It examines the legal definition of assignments, the validity requirements and the conditions under which assignments become enforceable against debtors and third parties. The article also analyses the interaction between the CTL and sector-specific legislation, particularly in the banking and finance sectors, such as securitisation practices. Practical considerations, including debtor notification, contractual restrictions and the treatment of security rights are highlighted, offering valuable insights for practitioners operating within Saudi Arabia’s evolving legal landscape.
Released on Apr 29, 2025
The NIS2 Directive: a new era of cybersecurity regulation in the European Union
In recent years, cybersecurity has moved to the forefront of corporate risk management. In the European Union, this shift has now become a legal reality. With the adoption of the NIS2 Directive (Directive (EU) 2022/255), thousands of companies, including many mid-sized and family-owned businesses, will soon face binding obligations aimed at enhancing their digital security posture.
Released on Apr 29, 2025
Raising the bar on cybersecurity: what the European Cyber Resilience Act means for digital products
With the Cyber Resilience Act, the European Union is putting the cybersecurity of digital products at the centre of regulation. Manufacturers, importers and distributors of products with digital elements will have to meet comprehensive cybersecurity and vulnerability management requirements, from the design stage to long after the product has been placed on the market. Supply chain cybersecurity is also now at the heart of EU regulation.
Released on Apr 29, 2025
Navigating the artificial intelligence landscape: a legal perspective on governance
The rapid integration of artificial intelligence (AI) into business operations must have robust governance frameworks to navigate the complex legal and ethical landscape. This article examines the definition and key components of AI governance, its implementation within organisations and the critical considerations surrounding data protection, intellectual property, compliance and AI ethics. Furthermore, it provides focused analysis of the emerging regulatory environment in Colombia, specifically addressing Circular 002 of 2024 issued by the Superintendence of Industry and Commerce (Superintendencia de Industria y Comercio or SIC) and CONPES 4144 of 2025.
Released on Apr 29, 2025
Getting to know the ERF – Caterina Iodice
Get to know the European Regional Forum’s Council Member for England, Caterina Iodice.
Released on Apr 28, 2025
Getting to Know the ERF – Petros Fragkiskos
Get to know the European Regional Forum’s Council Member for Greece, Petros Fragkiskos.
Released on Apr 28, 2025
Getting to Know the ERF – Birgitta Van Itterbeek
Get to know the European Regional Forum’s Council Member for Belgium, Birgitta Van Itterbeek.
Released on Apr 27, 2025
France unveils a new tax regime for management packages: a long-awaited clarification
France’s 2025 Finance Bill introduces a new legal framework, codified under Article 163 bis H of the French General Tax Code, applicable from 15 February 2025. This reform aims to provide clarity by creating a dedicated regime for gains realised on securities acquired or granted in consideration for salaried or management functions (whether by the issuing company, its subsidiaries or the parent entity).
Released on Apr 24, 2025
An overview of Portugal’s new IFICI regime
Following the end of the non-habitual residents (NHR) regime, Portugal has a new tax incentive regime for new residents, which aims to maintain competitiveness in terms of attracting foreign investment and skilled labour by establishing a more favourable tax regime for new residents who meet certain legal requirements.
Released on Apr 24, 2025
IBA Real Estate Section’s 15th Real Estate Investments Conference, London, 4–6 June 2025
The back-and-forth on trade tariffs stirs up financial markets and deepens recession fears around the world. But what does a looming trade war mean for real estate? At this year’s real estate investment conference in London, Jennet Siebrits, who heads Global Commercial Real Estate Services’ (CBRE) UK market research team, shares her insights into what might be ahead of us. It is a long-standing tradition for the real estate investment conference to start with a macro-economic and geo-political outlook. The conference, organised by the IBA Real Estate Section and supported by the European Regional Forum (ERF), is being held for the 15th time in London this year.
Released on Apr 23, 2025
Report from the IBA Automotive and Mobility Services Conference
We were happy to see 110 participants in Munich on 27 March, in the unique location of Upside East for a day of discussions concerning the very challenging times that the automotive industry is now facing. Attendees had a chance to ease into the conference at the welcome cocktail which took place the evening before and it was good to see many familiar faces showing that the conference is becoming a familiar item on the IBA calendar.
Released on Apr 23, 2025
The IBA ERF’s ‘Big Retreat’ 2025 from an officer’s perspective
This year brought a slight change in how we approached our Big Retreat. The Officers’ Retreat and the Council Members’ Retreat were joined into a single event which took place in Budapest at the start of March 2025. Our Senior Vice Chair, Viktória Szilágyi from Lakatos Köves and Partners, carried out the work as this year’s gracious host and needed to accommodate such a large crowd with a full schedule. She certainly lived up to it!
Released on Apr 23, 2025
Reflections on the IBA European Regional Forum Retreat in Budapest
Arriving in Budapest, I was excited to join my first IBA European Regional Forum (ERF) retreat as a council member. Bringing together over 50 officers, council members and Advisory Board members, this was a great (and slightly daunting!) opportunity to immerse myself in the ERF and find out more about their current and upcoming projects.
Released on Apr 23, 2025