UPDATES

Works stolen by the Nazis and the relevant remedies for their restitution

Since the early 1990s and until today, the number of disputes regarding the ownership of cultural property has grown exponentially worldwide. In this regard, the greatest plunder of cultural property has been made by the Nazis in the occupied territories between 1935 and 1944. In fact, they stole about 1/5 of all the cultural property […]

ESMA – Risk exposure of the real estate sector in the EU securities and investment funds markets

The European Securities and Markets Authority (ESMA) has published its analysis of exposures of securities, markets, and asset management of the EU to the real estate sector. According to ESMA’s analysis, studies conducted revealed (i) an increased levels of indebtedness within the real estate sector, leading to risk implications for non-bank financial market participants, and […]

IVASS – Market letter January 25, 2024

On January 25, 2024, the Institute for the Supervision of Insurance (IVASS) issued a letter to the market regarding dormant life insurance policies, i.e., policies that haven’t been claimed by beneficiaries and are held by insurance companies awaiting expiration. In this regard, IVASS, in a letter dated November 22, 2023, had already provided insurance companies […]

EIOPA – Second report on the implementation of the Insurance Distribution Directive (IDD)

On January 15, the European Insurance and Occupational Pensions Authority (EIOPA) released its report on the implementation of the Insurance Distribution Directive (IDD), regulating the distribution and design of insurance products in the EU since 2018. The report examines the developments in insurance distribution over the past two years. Compared to the previous report, EIOPA […]

Artificial Intelligence and Anticipatory Compliance: an opportunity for Enterprises

Artificial intelligence (“AI”) is the technology of simulating human intelligence processes through the creation and application of algorithms embedded in a dynamic computing environment. To simplify, AI aims at creating computers which can think and act similarly to humans. It is notorious that AI is overwhelmingly spreading, with unpredictable outcomes. In this context, on December […]

The “Made in Italy” Draft Law on Yachting

The Italian Chamber of Deputies has recently approved the “Made in Italy” Draft Law on Yachting, resulting from the discussion between “Confindustria Nautica”, the Minister of Business and Made in Italy, the Ministry of Infrastructures and Transports and the draft law’s rapporteurs. The draft law will have to be approved by the Senate. The novelties, […]

EIOPA – Analysis of internal models for non-life insurance underwriting risk

On January 4, the European Insurance and Occupational Pensions Authority (EIOPA) published the results of a European comparative study on non-life insurance underwriting risk. With the study –based on non-life insurance contracts of 75 European insurers of 31 insurance groups– was the differences in internal models have been assessed to understand if and to what […]

EBA – Opinion on the proposed amendment to Article 129 of the Capital Requirement Regulation

On January 9, 2024, the European Banking Authority (EBA) issued an opinion addressed to the Bank of Italy following the notification regarding the decision to introduce a partial derogation of Article 129, para. 1, lett. c), of the Capital Requirements Regulation, concerning the eligibility conditions for guaranteed bonds in relation to preferential risk weighting treatments. […]

ESMA – Coordination with National Competent Authorities regarding pre-trade controls according to MiFID II

Through a press release on January 11, ESMA (European Securities and Markets Authority) announced its collaboration with the National Competent Authorities (NCA) for a joint supervisory action to assess the implementation of pre-trade controls (PTC) according to MiFID II by investment firms in the EU employing algorithmic trading techniques. These PTCs, governed by the MiFID […]

First set of Rules under the DORA Regulation published by ESAs

On January 17, 2024, the three European Supervisory Authorities (“ESAs”) i.e. the European Banking Authority (“EBA”), the European Insurance and Occupational Pensions Authority (“EIOPA”), and the European Securities and Markets Authority (“ESMA”), have published the first set of technical standards implementing EU Regulation 2022/2554 (the Digital Operational Resilience Act or “DORA”), which came into effect […]