The new European Product Liability Directive – Are you prepared?

After 40 years, the European Union has finally replaced the “old” law on liability for defective products, Council Directive 85/374/EEC, by a “new” Product Liability Directive 2024/2853 (PLD). The PLD harmonizes and increases the level of protection of natural persons within the internal market and provides for a much-needed adaptation of the law to the technological advancements and new business models.

The new law will apply to products placed on the market or put into service after December 9, 2026.[1] By the same date, the Member States are required to transpose the directive into their national laws.[2] In departure from the minimum harmonization principle applicable under the old law, the Member States are not allowed to introduce provisions that are more or less stringent than those laid down in the PLD when doing so.[3]

Against this background, companies operating within the European Union are strongly recommended to proactively prepare before the PLD becomes effective. The following contribution summarizes the most significant changes to the existing legal framework and maps out practical steps to prepare the liable parties for the potentially increased liability risk under the new law.

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Made in the Emirates – All you need to know about the UAE’s incentives for the manufacturing sector

In a time defined by global disruptions, rising geopolitical tensions, and rapid technological change, manufacturers are increasingly challenged to reconsider where they manufacture. The traditional model of centralized, low-cost manufacturing, often anchored in Asia, is giving way to more diversified, resilient strategies.

In line with this development, the United Arab Emirates (UAE) have embarked on a comprehensive strategy to position itself as a global hub for advanced manufacturing.

Operation 300bn

Central to this vision is the Operation 300bn, which aims to increase the industrial sector’s contribution to the UAE’s GDP from AED 133 billion to AED 300 billion by 2031 (USD 82 billion). To this end, the Emirates Development Bank allocated funds of AED 30 billion (USD 8.2 billion) to support priority industrial sectors such as food & beverage, agricultural technology, pharmaceuticals, electrical equipment & electronics, petrochemicals & chemical products, rubber & plastics, machinery, hydrogen, medical, and space technology. The program incentivizes manufacturers to invest in the UAE through, inter alia, the following stimuli:

  • Up to 80% capital expenditures financing (CapEx), up to 70% green field and brown field project financing, up to 90% advanced technology adaption financing, up to 100% renewables and energy efficiency financing, and up to 70% digitalization financing,
  • 2-years grace period and low interest-rate loans for CapEx, working capital, and supply chain financing,
  • Export credit and insurance via Etihad Credit Insurance and AD Exports, and
  • Customs exemptions for raw materials.

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Supply Chain Transparency: Updates on UK and EU Provisions on Forced Labour and Modern Slavery

Connected Network of People

Please contact Hannah LamingFrancesco Liberatore and Francesca Puttock with any questions.

Forced labour and modern slavery have been the subject of renewed focus across the UK and EU in recent months. While not changing the fundamental reporting requirements under the UK Modern Slavery Act, new guidance from the UK Home Office in March 2025 offers practical advice to businesses and sets higher expectations on organisations for the contents of their modern slavery statements. In the EU, the Forced Labour Regulation (or FLR) entered into force on 13 December 2024 and will apply to EU member states from 14 December 2027. It prohibits individuals and businesses from importing into, making available in, or exporting from the EU any product made with forced labour. Details have also emerged of a settled investigation by the Italian Competition Authority highlighting the ways that issues relating to modern slavery can be subject to regulatory intervention.

Read the full insight here.

Court Of International Trade Halts Trump’s “Liberation Day” Tariffs As Administration Appeals Ruling; What Is The Court Of International Trade?

On May 28, the U.S. Court of International Trade (“CIT”) blocked President Trump’s tariffs enacted under the International Emergency Economic Powers Act (“IEEPA”).[1]  The CIT held that the IEEPA does not authorize presidential tariffs for trafficking or for worldwide/retaliatory purposes.[2]  A day later, the U.S. District Court for the District of Columbia issued a preliminary injunction staying the same tariffs on the same grounds.[3]

In response to the adverse CIT ruling, the Trump administration filed an appeal with the U.S. Court of Appeals for the Federal Circuit.  The Federal Circuit, which reviews CIT rulings on appeal, granted an immediate injunction preventing the ruling from taking effect while the case proceeds through the appellate process.  However, if the CIT’s decision is affirmed, it would eliminate the tariffs imposed on April 2, 2025 as part of the Trump administration’s “Liberation Day” trade initiative.

While the appeal is being decided, this post will explain the specialized role and jurisdiction of the CIT, which many readers may not be familiar with. 

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Supply Savvy Podcast Series – Episode 4: Exiting Contracts and Handling Suppliers in Distress

Exiting Contracts and Handling Suppliers in Distress

In this final episode of Supply Savvy, our podcast series with the Food and Drink Federation (FDF), partners Nicola Smith, Simon Jones and Victoria Callicott and director Ollie Ward-Jones cover strategies for exiting contracts and dealing with supplier insolvency. The hosts discuss termination clauses, risks of incorrect termination, due diligence, contingency plans and red flags for supplier distress. Practical tips and real-life examples are provided to help businesses navigate these challenging situations.

You can listen to this podcast episode on the FDF podcast website.

Supply Savvy Podcast Series – Episode 3: Navigating Regulatory Compliance Issues: A Case Study of Products Contaminated With Peanuts

Navigating Regulatory Compliance Issues: A Case Study of Products Contaminated With Peanuts

This latest episode of our podcast series with the Food and Drink Federation (FDF), Supply Savvy, focuses on handling regulatory compliance issues, using a case study of peanut contamination in products. Partner Nicola Smith leads the discussion with partner Simon Jones, partner Victoria Callicott and director Ollie Ward-Jones on immediate actions, communication with stakeholders, legal obligations, corrective actions and potential claims for compensation. The importance of legal privilege and practical steps to manage contamination issues are highlighted.

You can listen to this podcast episode on the FDF podcast website.

Supply Savvy Podcast Series – Episode 2: Navigating Daily Challenges in Supply Agreements

Supply Savvy Podcast Series: Navigating Daily Challenges in Supply Agreements

In the second episode of our Supply Savvy podcast series, partners Nicola Smith, Simon Jones and Victoria Callicott and director Ollie Ward-Jones explore common day-to-day issues in supply agreements, such as delivery delays, quality discrepancies and communication breakdowns, as well as how these issues should be handled. They emphasise proactive approaches, clear communication channels, detailed contracts and contingency plans to manage these challenges effectively.

We have launched Supply Savvy in collaboration with the Food and Drink Federation (FDF). You can listen to this podcast episode on the FDF podcast website.

Supply Savvy Podcast Series – Episode 1: The Recipe for Perfect Contracts

In collaboration with the Food and Drink Federation (FDF), we have launched a new four-part podcast series, Supply Savvy, aiming to provide valuable insights into supply chain risk management in the food and drink industry.

Hosted by partner Nicola Smith, who specialises in regulatory compliance, alongside supply chain risk management and litigation partner Victoria Callicott, commercial partner Simon Jones and director Oliver Ward-Jones, who specialises in supporting suppliers in distress scenarios, the series sets out how businesses can navigate daily or common supply chain challenges.

In the inaugural episode, “The Recipe for Perfect Contracts”, our UK legal experts delve into the critical role that well-crafted contracts play in mitigating supply chain risks. You can listen to this podcast episode on the FDF podcast website.

Germany’s Supply Chain Law at a Crossroads: the Implications of the Proposed Shift to the CSDDD

Please contact Andreas Fillmann   with any questions.

In April 2025, CDU, CSU, and SPD – the coalition parties almost certainly forming Germany’s next federal government – announced their intention to repeal the German Supply Chain Due Diligence Act (Lieferkettensorgfaltspflichtengesetz (LkSG)) as part of a broader initiative to reduce administrative and economic burdens. According to the coalition agreement, the LkSG shall be replaced with legislation implementing the EU Corporate Sustainability Due Diligence Directive (CSDDD) in a bureaucracy-light and enforcement-friendly manner. The reporting obligations under the LkSG shall be abolished immediately, and enforcement of existing obligations shall be suspended, except in cases of grave human rights violations, until the new EU-aligned framework enters into force and is implemented in German law.

Read the full insight here

Understanding Force Majeure in an Uncertain World

Please contact Max Rockall and Tim Flamank with any questions.

Over the years, we’ve encountered numerous supply chain challenges, and one recurring issue is the incorrect application of force majeure of contract. Often, suppliers attempt to invoke these clauses to escape their contractual obligations when the contract becomes unprofitable or too costly due to rising energy and fuel prices. This misuse could become more prevalent if suppliers are held accountable for tariffs affecting supply.

For a deeper understanding of how force majeure truly operates, Max Rockall and Tim Flamank have prepared an insightful article.

Read the full insight here

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