Governance and accounts

This subtopic contains the following guidance on EU level rules relating to governance and accounts:

Accounts and reporting

  1. Practice Note: EU Accounting Directive—summary of main provisions—provides an overview of the main provisions of Directive 2013/34/EU, the EU Accounting Directive

  2. Practice Note: EU mandatory corporate sustainability reporting—covers the key mandatory EU reporting regimes requiring companies to report on sustainability and environmental social governance (ESG) matters linked to their business development, performance, and value chain as well as the environmental and social impacts of their business activities. The Practice Note covers the non-financial reporting requirements of the EU Accounting Directive (Directive 2013/34/EU), as amended by the Non-Financial Reporting Directive (Directive 2014/95/EU), and the sustainability reporting requirements applicable from 2024 onwards pursuant to the Corporate Sustainability Reporting Directive (Directive (EU) 2022/2464) and mandatory European Sustainability Reporting Standards (Delegated Regulation (EU) 2023/2772). It also covers the linked corporate reporting requirements under the EU Taxonomy Regulation and due diligence obligations created by the EU Corporate Sustainability Due Diligence Directive. The requirements covered in this Practice Note will be relevant to practitioners

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Automated decision-making and DSARs: right to access means a right to explainability (CK v Magistrat Der Stadt Wiendun & Bradstreet Austria GMBH)

Information Law analysis: The Court of Justice provided several clarifications around the scope of data subject access requests (DSARs) in the context of automated decision-making. The court held the determining factor for whether information constitutes ‘meaningful information about the logic involved’ under Article 15(1)(h) of the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) is whether the information enables the data subject to understand the logic involved in automated decision-making involving their personal data. The court also held disclosure by controllers should be underpinned by the principles of transparency, which requires information to be clear, accessible and intelligible, both in terms of content and form, from the perspective of data subjects. In the context of automated decision-making this doesn’t necessarily mean providing the exact algorithm, if it doesn’t help the data subject’s understanding of the ‘how’. The court confirmed DSARs do not mandate the disclosure of trade secrets, but this can only be decided by the relevant supervisory authority or competent court, after assessing all relevant information provided to them by a controller. The protection of trade secrets cannot be used as a blanket excuse by businesses to withhold certain information from individuals making a request under Article 15(1)(h) of the EU GDPR. Written by Marija Nonkovic, associate at Kemp IT Law LLP.

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