Mishcon latest: Files GDPR complaint with Luxembourg data protection agency

Mishcon de Reya, the London-based law firm that has been a hard-to-miss presence in European data protection matters over the past year, on Tuesday said it had filed "a lengthy GDPR complaint in two languages (English and French) with the Luxembourg National Data Protection Commission," as it sought to "bring together the concerns raised by the European data protection community and relevant European judgements."

  • News

23-page EU Council 'working paper' on AEOI regs emerges, prompting concerns

A "Working Paper" issued by the European Council on Sept. 11, four days before the European Data Protection Board was due to meet to discuss how the EU should best prepare to participate in the worldwide move towards ever-greater automatic exchange of information, is being seen by some observers as an indication of the willingness of EU governments to take measures behind the scenes aimed at quietly ensuring a consistent pan-EU data protection message that also fits in with their "Realpolitik" objectives – including avoiding a public, political showdown with the U.S. over FATCA.

  • Tax

EU Court of Justice 'Schrems II' ruling seen as potential game-changer for FATCA challenges in Europe

Lawyers and campaigners against the American tax evasion law known as FATCA say that last week's European Court of Justice (ECJ) ruling, which struck down the main mechanism used by the EU to protect the personal data of EU citizens when it's transferred to the U.S., represents a potential "game changer" – and could force Europe's courts to revisit the way FATCA compels Europe's banks and financial institutions to pass information on their U.S. citizen and Green Card-holding account-holders to the U.S. 

  • News

Judicial appeal 'considered' against ICO's FATCA decision, on grounds of insufficiently-examined evidence

The U.S. born, UK-resident woman whose crowd-funded complaint over data protection violations she alleged had resulted from the way HMRC had forwarded her personal information to the U.S. was recently not upheld by the UK's Information Commissioner's Office (ICO), is actively considering lodging a judicial review – but says that her legal advisers have told her she'll need to secure "£75,000 within the next 10 days" if she is to do so.

‘Policy concerns’ feared to weigh in pending UK FATCA challenge ruling

Last Wednesday, the UK’s Information Commissioner’s Office (ICO) announced that it expects imminently to issue its decision in a closely-watched challenge over data protection violations that a U.S.-born, UK-resident complainant alleges have resulted from the way HMRC has forwarded her personal information to the U.S., in compliance with that country’s FATCA legislation.

The FATCA/AEOI Papers: Mishcon publishes research trove, unearthed as part of crowd-funded UK FATCA case

Correspondence and other documents having to do with the way the U.S. tax evasion-prevention law known as FATCA was agreed upon, and is now enforced by EU governments – along with similar materials having to do with the OECD’s more recent automatic exchange of information (AEOI) regime known as the Common Reporting Standard – have been published by a campaigning lawyer with London’s Mishcon de Reya law firm.

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Opinion

AXFNJ webinar: How U.S. citizenship taxation has impacted one British lawyer, his family, and other countries' sovereignty

AXFNJ webinar: How U.S. citizenship taxation has impacted one British lawyer, his family, and other countries' sovereignty

John Richardson's latest podcast guest is, like Prince Harry, a British citizen who fell in love with, and married, an American.   Unlike the prince, however, "Peter", a retired solicitor, didn't return...

Jan-06-2021