Introduction

As discussed in our previous blogpost (link), on 16 December 2025, the European Commission (“Commission”) released its Proposal for the European Biotech Act (“Biotech Act”) (see here). 

This blogpost focuses on Chapter II of the Proposal (“Union Health Biotechnology and Biomanufacturing”), which introduces a framework for the recognition of “health biotechnology strategic projects” (“Strategic Projects”) and “high impact health biotechnology strategic projects” (“High Impact Strategic Projects”), together with a package of regulatory and support measures aimed at accelerating their development and deployment in the Union.Continue Reading The Biotech Act Recognises and Supports “Strategic Projects” And “High Impact Strategic Projects” to Reinforce the Union Biotechnology Sector

The Federal Trade Commission (FTC) is poised to re-start a rulemaking process regarding disclosures and requirements for subscription and auto-renewing products and services.  On January 30, 2026, the FTC submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) on the Rule Concerning the Use of Prenotification Negative Option Plans (the Rule), commonly known as the Negative Option Rule, to the Office of Information and Regulatory Affairs (OIRA) for review. Continue Reading FTC Restarts Negative Option Rulemaking Process

If the upcoming midterm elections result in a Democratic majority in the House next year, companies, organizations, and individuals can expect a new wave of congressional investigations, hearings, and oversight, with a familiar focus on the Trump administration and an emphasis on a variety of private sector targets. The Democratic…

Continue Reading Democratic Investigations Agenda is Coming Into Focus

AI agents have arrived. Although the technology is not new, agents are rapidly becoming more sophisticated—capable of operating with greater autonomy, executing multi-step tasks, and interacting with other agents in ways that were largely theoretical just a few years ago. Organizations are already deploying agentic AI across software development, workflow automation, customer service, and e-commerce, with more ambitious applications on the horizon. As these systems grow in capability and prevalence, a pressing question has emerged: can existing legal frameworks—generally designed with human decision-makers in mind—be applied coherently to machines that operate with significant independence?

In January 2026, as part of its Tech Futures series, the UK Information Commissioner’s Office (“ICO”) published a report setting out its early thinking on the data protection implications of agentic AI. The report explicitly states that it is not intended to constitute “guidance” or “formal regulatory expectations.” Nevertheless, it provides meaningful insight into the ICO’s emerging view of agentic AI and its approach to applying data protection obligations to this context—insight that may foreshadow the regulator’s direction of travel.

The full report is lengthy and worth the read. This blog focuses on the data protection and privacy risks identified by the ICO, with the aim of helping product and legal teams anticipate potential regulatory issues early in the development process.Continue Reading ICO Shares Early Views on Agentic AI & Data Protection

On 9 January 2026, the Commission adopted its Guidelines on the application of certain provisions of Regulation (EU) 2022/2560 of the European Parliament and of the Council on foreign subsidies distorting the internal market (the “FSR Guidelines”). The FSR Guidelines explain how the Commission assesses whether foreign subsidies distort the internal market, and, if so, whether their potential positive effects outweigh their potential negative impacts. They also explain how the Commission may exercise its call-in powers to request the prior notification of any concentration or any foreign financial contributions (“FFCs”) in the context of a public procurement procedure that falls below the notification thresholds.

This blogpost describes the FSR Guidelines. The FSR Guidelines were adopted after a little more than two years of application of the FSR, on which the Commission will report in July 2026, potentially leading to its revision. While they crystallize the Commission’s practice thus far, they do not address the frequently voiced concern that they are overbroad and, consequently, too many unproblematic concentrations or tenders must undergo a cumbersome reporting process. For more details on the FSR, please see our previous blogpost.

Key takeaways

  • The FSR Guidelines offer detailed guidance on how the Commission will conduct its assessment of distortions. While the responsibility for this assessment lies with the Commission, companies under investigation may need to demonstrate that the foreign subsidies they have received are not linked to their economic activities in the EU. If they are unable to do this successfully, they must then provide a comprehensive analysis of the impact those foreign subsidies have on the internal market.  
  • In balancing the potential negative impact of foreign subsidies with their potential positive effects, the FSR Guidelines rely on an approach similar to State aid assessment. However, unlike in State aid, they do not provide any presumption that certain categories of subsidies are on balance positive when defined conditions are met. Instead, they require a case-by-case assessment.  
  • Regarding the Commission’s approach to requesting notification of concentrations or FFCs in the context of a public procurement procedure, the FSR Guidelines leave the Commission broad discretion when it determines that those activities merit prior review given their impact on the EU. As a result, companies may need to consider their FSR risks even if they do not engage in large concentrations or public procurement procedures in the EU.   

Continue Reading The European Commission adopts the Foreign Subsidies Regulation Guidelines

On his last day in office, January 20, 2026, former New Jersey Governor Phil Murphy signed an amendment to the New Jersey Data Privacy Act, A5017. The bill amends the state’s comprehensive privacy law to add new data- and entity-level exemptions and to expand the definition of de-identified data. The amendment took effect immediately.Continue Reading New Jersey Enacts Amendment to its Comprehensive Privacy Law

Consumer protection law across EMEA continues to evolve rapidly in response to digitalization, emerging technologies (particularly AI) and the continued expansion of online commerce. As we move into 2026, regulators are preparing significant reforms that will reshape business obligations and strengthen consumer‑protection enforcement. Below is an overview of the most important developments to watch this year.Continue Reading What to Watch in 2026: Key Developments in EMEA Consumer Protection

January brought several significant, long-awaited developments in the U.S. semiconductor policy space, marking an inflection point in how the Administration is deploying trade tools to advance national security and industrial policy objectives.

On January 14, 2026, the White House issued Presidential Proclamation 11002 (the “Proclamation”) and an accompanying Fact Sheet adopting …

Continue Reading A Month in Semiconductor Policy: Section 232 Measures, BIS Rule, and Taiwan Deal Signal Strategic Push

Introduction

Critical minerals have received a surge of attention recently, much of it tied to China’s dominance of extraction and processing and recent application of export controls on minerals with defense applications.  Policy discussions tend to focus on “critical minerals” collectively, but it is important to distinguish those needed for agriculture and transportation from those needed for national security.  Every mineral deemed essential for U.S. national security, economic security, and supply chain resilience and included on the official list of critical minerals maintained by U.S. Geological Survey list is important for its own reasons, but there are a few elements whose looming shortage now borders on an emergency, requiring extra focus from policymakers.  Certain “heavy” rare earth elements are among them.Continue Reading Heavy Rare Earth Elements: Rising Supply Chain Risks and Emerging Policy Responses

Germany has kicked off a new Pharma and MedTech Dialogue that aims to develop new policies and regulatory reform proposals to re‑establish Germany as a competitive, innovation‑friendly location for life sciences R&D and manufacturing. The outcome of this dialogue shall be the basis for a new German Pharma and MedTech Strategy.Continue Reading German Government launches new Pharma & MedTech Dialogue – Broad agenda, big hopes but unclear prospects