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This timeline shows key developments relating to Assimilated Regulation (EU) 648/2012 (UK EMIR) from 2024 onwards For prior milestones, consult European Market Infrastructure Regulation (EMIR)—timeline [Archived]. 23 January 2026 — ISDA | UK Finance ISDA and UK Finance Respond to FCA and HMT Consultations The International Swaps and Derivatives Association (ISDA) and UK Finance filed joint submissions to a Financial Conduct Authority (FCA) consultation and an HM Treasury (HMT) draft statutory instrument, focused on simplifying the UK EMIR intragroup framework. The measures would create a permanent, streamlined intragroup regime under UK EMIR and codify, on an enduring basis, exemptions available under the temporary intragroup exemption. ISDA backs the approach and encourages additional simplifications. 11 December 2025 — BoE Consultation paper: Exempting post-trade risk reduction transactions from the clearing obligation The Bank of England (BoE) is seeking views on proposals to exclude trades executed as part of a post-trade risk reduction service from the derivatives clearing obligation set out in Article 4 of UK...
This Checklist This Checklist outlines the conditions to be satisfied when establishing the designated repository for the golden thread information, and identifies the required suite of documents to be properly held in the digital facility containing and organising that golden thread information, which is to be created and maintained throughout the build programme of a ‘higher-risk’ building and thereafter ultimately transferred in full to the individual acting as the ‘principal accountable person’ (PAP) for the period of occupation of that building. It applies to works comprising the erection of a new higher-risk building (HRB) or works to an existing HRB (for details of the test for determining whether a building is an HRB, see Practice Note: Building Safety Act 2022—what is a higher-risk building?) and, where the works concern an HRB, to ensure full compliance with the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (HRB Procedures Regulations), SI 2023/909, reg 31(1). ...
Checklist Case review: facts, both sides’ legal positions, award enforceability, commercial drivers, and desired outcome. One-page argument summary (diagrams if helpful); if it resists distillation, investigate further. Project plan: routes to objectives, issues, stakeholders, evidence and data handling, initial timetable for claim/defence and later steps, indicative timings, responsibilities, and timing risks. Update the summary and plan throughout. Use them to stay on track, build a staged budget and funding needs, and maintain a document/correspondence tracker. Communications plan: group email or shared repository, cybersecurity/data protection, privilege with the client (esp multiple clients), protocols with tribunal/opponent (incl co-counsel), external notices (eg market), and a retrievable filing system. Evidence plan: locate documents/witnesses, pause destruction policies, collect and code material in a searchable, access-controlled database, schedule witness interviews, and address cybersecurity/data protection. Cost-efficient third-party support: low-cost centres, document tools/review tech, translation and certification. Third-party funding: weigh cost versus benefit, suitability, settlement impact, and the funder’s share. ...
In this issue: IP and technology Patents General IP LexTalk®IP: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information IP and technology EU AI Act starts to apply and Commission plans guidance The initial provisions of the EU AI Act took effect on 2 February. They cover the definition of an artificial intelligence (AI) system, AI literacy obligations, and a list of prohibited AI uses judged to present unacceptable risks in the EU. The European Commission intends to issue guidance on the AI system definition, publish a repository of AI literacy practices, and provide direction on banned AI practices to aid compliance. The Commission has also introduced measures to spur AI innovation, including an AI innovation package for start-ups and SMEs, and forthcoming AI Factories to deliver computing capacity for AI development. See: LNB News 03/02/2025 50. Commission opens consultation on Technology Transfer...
In this issue: Data protection Cyber security ePrivacy Daily and weekly news alerts New and updated content Data protection ICO and DSIT launch tool to assess Privacy Enhancing Technologies The Information Commissioner’s Office (ICO) and the Department for Science, Innovation and Technology (DSIT) have jointly unveiled a Privacy Enhancing Technologies (PETs) Cost–Benefit Awareness Tool. Created to assist organisations in carefully weighing the costs and advantages of deploying emerging PETs, including homomorphic encryption and secure multi‑party computation, it comes with a checklist intended to encourage responsible data use and innovation while better protecting privacy. The programme tackles the limited adoption of PETs, which often stems from difficulties in judging their value, and offers direction on compliance-related costs and benefits. A repository of real‑world PETs use cases has also...
In this issue: Authorisation, approval and supervision Prudential requirements Risk management and controls Financial crime and sanctions Dispute resolution for financial services lawyers Sustainable finance and ESG Banks and mutuals Consumer credit, mortgage and home finance Regulation of insurance Payment services and systems Fintech and cryptoassets LexTalk®Financial Services: a Lexis®Nexis community Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Dates for your diary Authorisation, approval and supervision ESMA publishes updated registration guide for expanded supervisory mandate The European Securities and Markets Authority (ESMA) has issued a refreshed guide now setting out registration obligations across a widening supervisory remit. Published 14 August 2025, it explains registering as a credit rating agency, trade repository, benchmark administrator, data reporting services provider, external reviewer under the EU Green Bond Regulation (EU) 2023/2631, and an environment, social and governance (ESG) rating provider under...
This Practice Note This Practice Note examines the consequences of the UK’s exit from the EU for the oversight of central counterparties (CCPs), trade repositories, and central securities depositories (CSDs) in the UK. It addresses the following arrangements: the temporary recognition framework and run-off arrangements for non-UK CCPs the temporary registration framework and conversion pathway for UK trade repositories the transitional framework for non-UK CSDs the temporary designation scheme for settlement finality The European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, makes provision for ratifying and implementing in domestic law the Withdrawal Agreement between the UK and the EU. The Withdrawal Agreement sets out the terms for the UK’s departure. It introduced a transition phase (referred to by the UK government as the ‘implementation period’) starting on 31 January 2020 and ending on 31 December 2020 (IP completion day). During that period, for most purposes, the UK was treated as if it remained...
This Practice Note has been archived and is no longer maintained. This archived Practice Note is not being updated. It offers high-level insight into the position of the European Market Infrastructure Regulation (EU) 648/2012 (EMIR) in UK law from 1 January 2021. This Quick Look Brexit Financial Services Legislation Status Guide provides concise information on the status of the European Market Infrastructure Regulation (EU) 648/2012 (OJ L 201/1) (EU EMIR) in the UK from that date. For more detail, see Practice Note: Impact of Brexit: EMIR—quick guide. During the implementation period from 31 January 2020 to 31 December 2020 (IP completion day), EMIR applied directly in the UK pursuant to the European Union (Withdrawal) Act 2018 (EU(W)A 2018), as amended by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020), and the Withdrawal Agreement between the UK and the EU. From 1 January 2021: EMIR and its level 2 measures, adapted by statutory instruments (SIs) made under the onshoring process in EU(W)A 2018, form...
This Practice Note outlines the principal features of Regulation (EU) 648/2012 (EU EMIR)... EU EMIR—Introduction Key requirements of EU EMIR The European Market Infrastructure Regulation (EU) 648/2012 (EU EMIR) is the core EU instrument supervising the over-the-counter (OTC) derivatives market. Its main components are: an obligation to clear standardised OTC derivatives through a central counterparty (CCP)—see Clearing obligation below an obligation to report derivatives contracts to a trade repository (TR)—see Trade reporting obligation below margin rules for OTC derivatives that are not centrally cleared—see Margin requirements below additional risk-reduction measures for uncleared trades, including prompt confirmation, portfolio reconciliation, portfolio compression and dispute resolution—see Additional risk mitigation requirements below Practice Note: UK Regulation of CCPs provides fuller detail on the CCP regulatory framework established under EU EMIR... EMIR level 2 and level 3 measures For an overview of the Commission’s adopted technical standards (TS), ESMA guidelines, and related consultations, final reports and technical advice, see Practice Note:...