Harris Kyriakides

The enactment of the 5th Anti Money Laundering Directive via amendment of Law 188(I)/2007 constitutes the introduction of mandatory crypto assets regulation in Cyprus. In light of further emerging national and European regulation, a balance should be struck between initiative and consistency. 

Cyberattacks bear risk for shipping companies in terms of contractual liability, third party liability, and regulator violations. Such liability may be excluded or limited by complying with IMO 2021 regulations and guidelines regarding Safety Management Systems, and/or incorporating appropriate contractual clauses.  

The recent Supreme Court's case under the title: MINISTER OF JUSTICE AND PUBLIC ORDER (AS A CENTRAL AUTHORITY BASED ON THE LAW (Law 11 (III) / 94) AFTER AUTHORIZATION SAVVA v. GIORKATZI, E12/20/20(The Case) which was issued by the Supreme Court of Cyprusis unprecedented for the Cypriot Courts as the Court, decided although there was an abduction in term of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (The Convention), not to order the return of a child to his habitual residence based on psychological factors.

The much-expected UK whiplash reforms introduce a new procedure for claims concerning soft tissue injuries from Road Traffic Accidents (RTAs), ultimately aiming to root out minor, exaggerated and fraudulent claims, and to reduce motor insurance premiums. Successful implementation of the reforms, which are now edging closer, may encourage common law jurisdictions including Cyprus to follow a similar path.

Unpreceded for the Cypriot Courts is the decision of the Supreme Court of Cyprus (the Court) which was issued on 16th of February 2021 (the Case). Specifically, the suspension of execution of the decision by the Paphos Family Courtaccording to the return of a minor to his father in the United States of America was ordered by the Court. 

The Fast Track Business Activation mechanism was approved by the Council of Ministers on 3rd of September 2020 aiming to further attract foreign business to Cyprus as well as to provide fast and efficient services to foreign businesses wishing to establish presence in Cyprus.

Article 10 of the General Data Protection Regulation (GDPR) specifically limits the processing of personal data relating to criminal convictions and offences or related security measures.

On July 16, 2020, the Court of Justice of the European Union (the CJEU) in the case of Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (the Schrems Case) issued a landmark ruling invalidating EU-US Privacy Shield.What is EU-US Privacy Shield?

On 15th January 2021 the UK’s Supreme Court handed down its decision Financial Conduct Authority (Appellant) -v- Arch Insurance (UK) Ltd and others (Respondents) [2020] EWHC Comm 2448. The Supreme Court rejected all of the Insurer’s appeals and it allowed the appeals by the FCA.

The Quincecare duty is applied in United Kingdom since case Barclays Bank plc v Quincecare [1992] 4 All ER 363, issued back in 1992. In the most recent decision Fiona Philipp v Barclays Bank UK plc narrows the scope of application of the Quincecare duty.

Norwich Pharmacal Orders (NPOs) are frequently issued against banks. The conflict between bank secrecy and orders for disclosure of information is inevitable.

Cyprus introduced tax cuts in January to incentivise shipping companies towards energy efficiency and use of alternative fuel, ultimately aiming for Green House Gases reduction. The measures are part of a wider debate juxtaposing international and local decarbonisation regulation.

Decarbonising shipping is essential, expensive, and complicated. Regulation is key to achieving the task, and which regulation prevails will determine shipping companies’ strategies for decades to come.

The issuance of a charging order comprises an alternative means of enforcement which is accompanied by an order for sale of the charged asset under the Law on Charging Orders of 1992 (31 (Ι)/1992) (the Charging Order Law). In accordance with the Charging Order Law, the judgment creditor (the Creditor) is entitled, for the purpose of enforcing the judgment and securing payment of the judgment debt, to make an ex parte application to the Court for issuance of a Charging Order over the interest of the judgment debtor (the Debtor) in assets which are covered by the relevant law (the Charging Order). Furthermore, in order for Creditor to advance the sale of the charged asset, he must secure in advance an order which will permit its redemption after all the interested parties are heard.

On November 26, 2020, Belgian Data Protection Authority (DPA) and DNS Belgium, the organization managing the “.be” domain, signed a cooperation agreement. This cooperation agreement enhances the Belgian regulatory framework by establishing a two-tier system.

The need to combat sexism and discrimination between genders which constitute de facto violations of human rights and fundamental liberties has led to the voting of the Law on Combatting Sexism and Sexism Spreading via Internet and Relevant Matters 2020 (‘the Law’), published on 28/12/2020.The purpose of the legislator, amongst other, is eradication, to the degree possible, of incidents involving sexism and gender stereotypes in Cypriot society, in order to establish a framework of security and equal opportunity between genders in education, the job market, professional development and promotion, as well as the assumption of executive positions in all sectors.

The Right of Access to Public Information Law of 2017 (184(I)/2017) (the Law) has entered into force on the 22nd of December 2020

On 17.12.2020, the Parliament adopted the amendment of the Transfer and Mortgage of Property (Amending) (No. 2) Law of 2020 (the “Law”) with 31 votes in favour and 17 against .The law has been amended with the addition of article 61 which stipulates that the application of the provisions of Part VIA of the Law regarding the sale of mortgaged property, is temporarily suspended and more specifically until 31 March 2021 in cases were the mortgage property it is the debtor's primary residence or the debtor's businesses dwelling.

As the second phase of the pandemic started to affect our country and the implementation of additional measures by the Cypriot Government to end it, the need for a new moratorium to protect certain categories of debtors arose. On 15/01/2021, the new decree imposing a suspension on loan repayments was published which provides the following:

IMO 2020 introduced a 0.5% Sulphur cap on bunkers to ships operating outside Emission Control Areas.

The 2009 Motor Insurance Directive is paramount for materialising the fundamental right of freedom of movement for European citizens across the EU.The said Directive is a further step to consolidate the market in the motor insurance sector, while promoting the protection of both policyholders and victims of road traffic accidents. The Commission’s amendment proposals address key issues of cover in case of insolvency of an insurer, and minimum cover inconsistency. Moreover, EU Parliament’s and Council’s input strengthens deployment of claim history statements in calculating premiums, and insurance checks on non-domestic vehicles while preserving rights and freedoms. All of the aforementioned proposals on scope manage to integrate important case law, while the individual selection will depend on public policy and alternative cover.

What is IVF treatment The first reported birth of a child conceived by ‘in Vitro’ fertilization (IVF) was in 1978.IVF alongside other Assisted Reproduction Technologies have since then become accepted practices to medically treat genetic or fertility issues. The IVF practice aims to improve the frequency of pregnancies by implanting a fertilized ovum in the endometrium, although no assurances can be provided for the outcome of the procedure. It is proven that stress can negatively impact the mental health of the patient. Hence, it is of paramount importance that women feel safe and protected by the law against any form of discrimination relating to their decision to engage in IVF.