Consulting

A standardized European Convention on the Sale of Goods by no means sells itself

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On 11 October 2011 the European Commission decided on a proposal for an ordinance on a common European Convention on the Sale of Goods. The convention is set to further develop the single, standardized European market. At present, when it comes to cross-border trade between companies and overseas purchases by consumers, the 27 different national legal systems of the individual member states continue to apply in spite of the single market, which in practice represents a hindrance to both small-scale exporters and consumers.

A third of UK SME owners consider their own management team a barrier to growth

By Michael Davidson, Haines Watts

More than one in three (35%) business owners in the UK fear that their management team will cause them to hit a growth ceiling. Their concerns are legitimate – over half (53%) of management teams have never helped grow a business prior to the one they now work in.

A Top-Down Approach: Tax Incentives and Their Effect on the Chinese Movie Industry

By Nan Sato and Jacopo Genova, Shimin Law Offices

The overall Chinese economy seems to be slowing down. Certain aspects of the economy, however, are growing fast. Fueled by an expanding middle class and the State government’s effort to transition from a manufacturing economy to a service one, the movie industry is growing at an extraordinary pace despite the downward pressure of the overall economy.

Account as fundamental European right

On May 8, 2013, the European Commission proposed a draft directive that is to enable every EU citizen to make cashless payments, by setting up a bank account. According to a current study, within the Member States of the EU around 58 million residents above 15 years of age do not have their own bank account, in spite of the fact that cashless payments are continually increasing in significance.

Added value of foreign trade receives new database

The standard form of foreign trade balance is facing criticism. The allegation is that the actual added value will no longer be mapped if the flow of goods and services is viewed as a whole each time it crosses a border. A method that takes the criticism into account will be applied in a database shared by the "club of the industrialized nations", the OECD and the World Trade Organization, WTO. This will compile only the added value that a country adds to an export product or to a particular service aimed at the external market.

Anti-money laundering regulations to be adjusted


The third Anti-Money Laundering Directive as a legal framework is based on standards established by the Financial Action Task Force (FATF) and states that it falls into the responsibility of the EU to protect the financial system against money laundering and terrorist financing. One of the obligations internationally agreed upon is that the EU Commission will review and appropriately adjust its legislation. In the meantime, a corresponding report has been approved by the Commission. The Commission plans to propose a fourth Anti-Money Laundering Directive this autumn, following the conclusion of the public consultation period on June 13, 2012.

Argentina, on the Path to Investment

By Dr Gustavo Traversoni, Traversoni & Bengolea Abogados

For the first time in modern history, Argentina is being ruled by a non-traditional political party – neither Peronist nor UCR. The current government has a centrist profile and supports long term liberal policies; it is clearly promarket and has the strong determination to take the country back to the place it was wrongfully taken from owing to the populist policies of the last decades.

Yerevan, Armenia

Attractiveness for Investing Environment and Development Perspectives in Armenia

By Arman Varosyan, Art-Lar Finance and Accounting LLC

The activities of recent years prove that, even with limited resources, Armenia has managed to form a flexible economic system to some extent. However, the high speed of growth of public debt and a slowdown of economic growth still exist.

Construction sector to drive growth


In the opinion of the EU Commission, the construction sector may become a motor to create new jobs in the union. Subsidising low-energy buildings is to be the key. Loans of around EUR 120 billion made available by the European Investment Bank in June 2012 for the Growth and Employment Pact are to be increasingly used for this purpose.

Cross-border car registration within the EU to be simplified

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On average, it currently takes five weeks and costs about EUR 400 to reregister a car registered in a EU country in another member state. If the proposal of the EU Commission is followed, this procedure will get faster, easier, and cheaper in the future.
Trading

Digitalisation, blockchain / crypto inflicts regulatory changes ahead

By Prof Robert Anthony, Anthony & Cie

It is important to highlight the acceleration of digitalisation globally, and the effect this has on business today. Things have evolved from the large mainframe computer to utilising the microcomputer. It is often using Apple and Microsoft technology, as well as Android software and equipment.

EU Commission backs up the financial transaction tax

Eleven EU Member States have asked the European Commission to introduce a financial transaction tax (FTT) within the framework referred to as enhanced cooperation. The Commission gave the green light on February 14, 2013, since all legal requirements for the project were met. The eleven participating countries expect tax income of 30 to 35 billion euros per year. In addition, the financial transaction tax should ensure a fairer contribution by the financial sector to the national budgets.

EU Commission to Negotiate Free Trade Agreement with Japan


On 18 July 2012, the EU Commission asked the 27 member states for a mandate to negotiate with Japan about a Japan-EU free trade agreement. This move is welcomed by the pharmaceuticals and food industries as well as the service sector, among others. Japan is the second-largest trading partner of the EU in Asia.

EU Commission wants to obligate rating agencies


EU Internal Market and Services Commissioner Michel Barnier, speaking in Straßburg on 15 November 2011, declared that ratings must no longer be allowed to aggravate market volatility. He presented EU Commission proposals for a directive as well as a regulation for the stricter control of rating agencies. No business is conducted on the bond market without a credit rating from a rating agency. This is not only a long-standing practice, but also demanded by government regulation in some countries – for example the provisions of the SEC regulatory authority in the USA.

EU coordinates negotiating position for free trade talks with the USA

On 12 March 2013 the European Commission in Brussels agreed on a draft mandate for negotiations with the USA about the planned transatlantic free trade agreement. Now the EU member states have to approve the draft in the European Council. Then the negotiations can begin. EU Trade Commissioner Karel De Gucht explained the subsequent schedule: "I am very pleased that the European Commission has already prepared a draft mandate for future negotiations, just one month after the EU and the USA announced the decision to pursue this revolutionary trade agreement. I hope that the approval of the member states is going to follow quickly, so that working with the United States can begin even before the summer break."

EU customs authorities must be better coordinated when it comes to imported goods

The EU Commission is insisting on increased security when it comes to imported goods. Furthermore, the risk management procedures at the EU's external borders should be standardized. In particular, the relevant customs information should be made quickly and reliably available to all of the participating authorities in each member state.

EU Looking for Ways to Regulate Shadow Banks


So-called 'non-banks' are by no means demonized by the European Commission. In fact the contrary is true as, from the Commission's perspective, they represent an additional source of financing and offer investors alternatives to bank deposits. However, they also present a risk to the entire finance system. The EU wishes to counteract this risk potential by regulating the shadow banking system.

EU Plans to Crack Down on Dumping Imports

The EU Commission presented its proposal to combat dumping and government-subsidised imports on 10 April 2013. Plans are in place to modernise the system to protect against unfair trade practices of foreign companies, which has remained largely unchanged since 1995. The proposals merely require the consent of the European Parliament and Council.

EU social partners negotiate over new maximum working hours


The directive valid in the European Union governing the regulation of working hours dates from the year 2003. New legal regulations aimed at adjusting to suit the profoundly changing working world are considered overdue. This affects, among other aspects, on-call services, minimum rest times and the flexible calculation of weekly working hours. A proposal for a new directive is to be submitted by the end of 2012.

EUR 200 Million More for Expansion of European Infrastructure


The development and expansion of a trans-European transportation network (TEN-V) is being subsidised with co-financing by the European Union. EUR 200 million is available this year for 74 projects selected by the EU Commission. Roads, waterways, rail links, airports and seaports are eligible in principle.

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GGI data protection policy

This privacy policy describes the collection and use of your personal data made by GGI Geneva Group International AG Zürich as data controller, a joint-stock company incorporated under Swiss law with Swiss company registration number CH-170.3.020.433-0 whose registered offices at Schaffhauserstrasse 550, 8052 Zurich, Switzerland (hereinafter referred to as "GGI"). GGI’s data protection manager is Mr. Marco IZZO, who can be contacted by email at the following address: izzo@ggi.com.

A. Which data does GGI collect?

In the context of your organisation’s membership in GGI (or potential membership) or collaboration or your participation to a GGI event, GGI may collect the following information about you: name, gender, title, date of birth, position, email address, phone number, key competences, practice area, special interests, CV, picture, social media pages (such as your LinkedIn profile), memberships, languages spoken, private, political and business positions, insurances, signature, address, travel arrangement details, accommodation preferences, credit card details, identity card or passport copy, visa information, participation in meetings, participation in optional activities, information about transactions and deals concluded.

GGI may also collect data about your (minor) children when they accompany you to events organised by GGI. In that case, GGI may collect their names, photo, accommodation dates, travel arrangement details, participation in optional activities and their identity card or visa when it is necessary.

This information may qualify as personal data under the applicable legislation (including the General Data Protection Regulation (GDPR) n° 2016/679).

GGI may also collect “special categories” of personal data, such as health condition, allergies and dietary preferences.
The collected personal data are considered useful or even necessary for GGI to provide its services to its members and events’ participants. Some data are mandatory (such as name, e-mail address, picture, address, accommodation dates, participation in meetings, participation in optional activities, your company name: without these data, you will not be able to benefit from GGI’s services. Other data is optional and will allow GGI to provide a better service.

B. Use of personal data

1. Purposes of the processing and legal bases for processing

GGI processes the above-mentioned information for the following purposes:
- Compiling and using general or specific mailing lists for sending newsletters, announcements (e.g. new members) and information emails (e.g. related to a particular conference)
- Listing in the GGI global directory publicly accessible online at www.ggi.com
- Organising and executing GGI activities (e.g. contacting members for participating in GGI projects such as writing articles for the newsletter or publications on social media, matchmaking and networking, organising social events, invoicing)
- Analysis of the activities and the functioning of the GGI organisations (e.g. post-event analysis based on the attendance of the delegates of the various sessions)
- Business development activities related to candidates for GGI membership, potential partnerships and/or collaborations
- Announcements on new members on social media and sharing of members’ articles on social media
- Inclusion in the GGI’s website internal area downloadable Excel files (including the contact details)
- Publication of tombstones related to members’ transactions

Where possible GGI requests your consent for the processing of your personal data. GGI will also ask for your specific consent when it processes sensitive data (e.g. dietary requirements). However, it is not always possible to process your personal data on the basis of your consent. GGI will process your personal data where you act as the contact person or representative of your organisation, for the performance of the contract that GGI has with your organisation (e.g. organisations of meetings, networking or conferences); such processing will serve the legitimate interest of GGI, your organisation and third parties involved. GGI also has a legitimate interest in processing the personal data of representatives or contact persons of prospects on the basis of its legitimate interests, i.e. for promoting GGI’s activities and membership. Similarly, prospects have a legitimate interest in being informed about GGI opportunities. Such processing has a limited impact on your rights and freedoms (as a representatives of your organisation), considering the non-sensitive nature of the data and the limited data processing involved.
Concerning the processing of special categories of data, you have given your explicit consent for such processing.

2. Recipients of personal data

GGI may share your personal data with other GGI members (e.g. for referrals or recommendations or in the context of Practice Group activities).

GGI may share your data with processors and GGI partners, such as genevents GmbH, GGI North America Services Corp., Geneva Group International (Latin America) S.A., Geneva Capital Group AG, Geneva Consulting Group AG, and GCG International AG. GGI will only transfer your data in the pursuit of purposes such as the organisation of events and conferences, networking, matchmaking or business development activities.

GGI may also share your personal data (in particular your name and contact details), when it communicates publicly on the (new) membership of organisations (e.g. for marketing purposes and for the listing in the global rankings). Recipients of your personal data will be organisations such as Association of International Law Firms Network (AILFN), European Group of International Accounting Networks (EGIAN), International Accounting Bulletin (IAB), Accountancy Magazine and Accountancy Age.

Your personal data may also be communicated to the general public when GGI sends newsletters or posts announcements via social media.

3. Transfer outside the European Economic Area

Your data will be processed outside the European Economic Area, i.e. in Switzerland, and transferred to and within the European Economic Area, the United States, Argentina and and Uruguay. These countries have been recognised as providing an adequate level of protection of personal data, by the adoption of an adequacy decision by the European Commission (see
https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en).

Your data may also be transferred to Thailand and the United Arab Emirates. Your rights as a data subject are guaranteed on the basis of the standard data protection clauses (as proposed by the European Commission).

4. Retention of your personal data

GGI will process your personal data as long as your data are useful for the listed purposes. In principle, it will store and use your data as long as your organisation is a member or a prospect of GGI and you remain a representative for your organisation. Where the processing is based on consent, GGI will stop processing your data when you withdraw your consent.

5. Your rights as data subjects

In addition to the information contained in this data protection policy, you have the right to access the personal data which GGI processes regarding you. Should the personal data that GGI has regarding you be incorrect or incomplete, you are entitled to have the data rectified.

You have the right to request from GGI the erasure of your personal data, when they are no longer necessary for the listed purposes, when you withdraw your consent or when you object to the processing (if GGI or third parties have no overriding legitimate grounds for the processing), when GGI has unlawfully processed the personal data or when GGI is subject to a legal obligation to erase the data. GGI will honour your request, unless it is subject to a legal obligation requiring it to process your personal data, the processing is done for reasons of public interest (public health), for archiving or statistical purposes and for the establishment, exercise or defence of legal claims.

You are entitled to request the restriction of processing (temporarily) if the accuracy of the personal data is contested, the processing is unlawful and you prefer the restriction of the processing to the erasure of your data, if GGI no longer needs your data except for the establishment, exercise or defence of legal claims or while it is being verified whether your legitimate interests override GGI’s.

You have the right to object to the processing, when the processing is based on GGI’s or third party’s legitimate interests, on the basis of your particular situation. You also have the right to object when your data are processed for direct marketing purposes by clicking the “unsubscribe” link in the newsletters that you receive.

You are entitled to receive the data concerning you in a structured, machine-readable format that is commonly used and you have the right to have the data transmitted to a controller of your choice (data portability).

You can exercise these rights by sending an e-mail to the data protection manager, Mr. Marco IZZO at izzo@ggi.com.
Should you have a complaint concerning the processing of your personal data, you have the right to lodge a complaint with the competent national supervisory authority.

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GGI has implemented accepted standards of technical measures and security policies that are aimed at protecting the personal data it has under its control from:

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All GGI personnel are required to keep personal information confidential and only authorised persons have access to such information. Please note that the Website contains links to other sites (including sites maintained by Partners) which are not governed by this privacy statement.

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Additional general conditions governing the Privacy Statement

The rejection of any liability and/or responsibility regarding the Website and its content and other terms and/or conditions contained in this Privacy Statement are also applicable to all companies associated or affiliated with GGI, particularly GGI member firms (Partners).

GGI reserves the right to change all and/or any of the regulations mentioned above at any time without any prior announcement. Unless explicitly indicated otherwise, the new regulations shall immediately apply to all information, indications etc. featured on the GGI Website. By continuing to use the GGI Website, you accept all changes of such regulations.

The invalidity or unenforceability in any jurisdiction of any of these terms shall not affect the validity or enforceability of any other of these terms. If any term is held to be invalid or unenforceable it shall be deemed to be amended to the minimum extent required to render such term valid or enforceable, such amendment to be determined by GGI.

The Privacy Statement indicated above shall be governed by and are construed in accordance with Swiss substantive laws (excluding the rules of the conflict of laws) and the courts of Zurich, Switzerland shall have exclusive jurisdiction in any possible dispute.


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