EU Platform on Sustainable Finance Focuses on Usefulness of Taxonomy in Response to European Commission Proposal
On the 26 March 2025, the EU Platform on Sustainable Finance (“Platform”) responded to the European Commission’s call for evidence on the draft delegated regulation amending the Taxonomy Delegated Acts[1] (the “Taxonomy”).
The Platform welcomes many of the proposed amendments and notes that several of the Platform’s recommendations from their February 2025 report on the simplification of Taxonomy reporting has been taken into consideration. However, despite this positivity, the Platform has also flagged some serious concerns with respect to the European Commission’s proposed changes to reduce the scope of Taxonomy reporting, as set out in its “Omnibus” proposals to streamline the Corporate Sustainability Reporting Directive (“CSRD”).
The Platform considers that reducing the scope of the current CSRD requirements not only results in the loss of specific Taxonomy data, but also reduces the effectiveness of the Taxonomy generally in the market. As a result, the Platform has proposed a number of updates in relation to the draft regulation, including:
introducing a regime for all companies to report partial Taxonomy-alignment;
clarifying the materiality threshold to ensure that it applies to cumulative exposure and not individual economic activities;
reporting for non-SME companies below the 1,000-employee threshold should be focused on the most essential standards (including Taxonomy-alignment); and
postponing trading books, fees and commission as key performance indicators for banks to 2027.
Additionally, the Platform has also recommended that additional guidance could be issued to support simplifying the Taxonomy’s implementation and process.
Finally, the Platform recommends some form of mechanism to be introduced to allow for responses to Taxonomy-related queries to be dealt with in real time.
[1] The regulation proposed by the Commission contains amendments the Taxonomy Disclosures Delegated Act ((EU) 2021/2178), the Taxonomy Climate Delegated Act ((EU) 2021/2139) and the Taxonomy Environmental Delegated Act ((EU) 2023/2486).
FTC Orders Fintech Company to Pay $17 Million for Allegedly Deceptive Subscription Practices
On March 27, the FTC announced that a fintech company offering cash advances through a mobile app has agreed to pay $17 million to resolve allegations that it violated the FTC Act and the Restore Online Shoppers’ Confidence Act (ROSCA). The FTC alleged that the company misrepresented the availability and cost of its services and failed to obtain consumers’ express informed consent before charging recurring subscription fees.
According to the FTC’s complaint, the company marketed its services as free and interest-free, but required users to enroll in a paid subscription plan, often without their knowledge. Consumers allegedly encountered barriers to cancellation, including disabled links and unclear steps, which resulted in unauthorized recurring charges.
Specifically, the lawsuit outlines several alleged deceptive practices, including:
Misleading “no-fee” marketing. The company advertised cash advances as fee-free, but consumers were required to enroll in a paid subscription to access the service.
Delayed access to funds. Although the company promoted instant fund transfers, consumers allegedly had to pay an additional expedited delivery fee to receive funds quickly.
Recurring charges without consent. The company allegedly failed to obtain consumers’ express informed consent before initiating subscription charges.
Insufficient disclosure of trial terms. Consumers were automatically enrolled in a paid subscription following a free trial, without clear and conspicuous disclosures.
Obstructive cancellation process. Some users were allegedly unable to cancel within the app, and others encountered unnecessary and cumbersome hurdles when attempting to prevent further charges.
Retention of charges after cancellation. The FTC alleged that the company kept charging users even after they attempted to cancel their subscriptions.
Under the stipulated order, the company must pay $10 million in consumer redress and a $7 million civil penalty. The company is also expressly barred from misrepresenting product features, charging consumers without affirmative express consent, and using designs that impede cancellation.
Putting It Into Practice: While the CFPB and state regulators continue to recalibrate their supervisory priorities, the FTC has remained consistent in its focus on unfair or deceptive acts and practices. This enforcement underscores the FTC’s longstanding commitment to stamping out deceptive marketing practices (previously discussed here, here, and here). While the CFPB has taken a step back, the FTC has continued its aggressive enforcement posture. Companies should review this enforcement action with an eye towards their own marketing practices.
The Chapter 93A Hurdle: Mass. Court Rejects ‘Artificial Price Inflation’ Claims in Energy Marketing Lawsuit
In Ortiz v. Eversource Energy, a putative class action, plaintiffs brought suit against Eversource Energy alleging that Eversource knowingly marketed natural gas and related services as clean and safe for residential consumers and the environment despite knowing this was not true. Allegedly, Eversource knowingly issued communications that were purposefully misleading and inconsistent with scientific studies. Plaintiffs further allege that had they known the truth about the health and environmental risks associated with the natural gas, they would not have purchased the gas.
Plaintiffs sought (1) a declaration that defendant’s promotional and advertising of its natural gas contained unlawfully false, misleading, and/or deceptive statements; (2) an order enjoining defendant from promoting and marketing its natural gas using such unlawfully false, misleading, and/or deceptive statements; and (3) an order that defendant be required to make reasonable and regular corrective disclosures to plaintiffs and the putative class members that accurately describe the potential health and safety risks. Plaintiffs also sought monetary damages under Chapter 93A.
Defendant moved to dismiss the complaint for failure to state a claim. Paying for a product whose price was artificially inflated by deceptive advertising is a recognized economic injury cognizable under Chapter 93A; however, a plaintiff may not base the claim on speculative harm or risk of economic damages. Here, plaintiff did not allege that the natural gas they purchased from Eversource was functionally deficient or that they suffered any adverse health effects from the natural gas they purchased. To the contrary, plaintiffs claimed they were harmed when they had been misled regarding the environmental and health risks of the gas. In other words, plaintiffs paid too much for the gas they received. However, the Massachusetts Superior Court noted that pursuant to the current regulatory regime in Massachusetts, the Department of Public Utilities has the exclusive power to regulate operations, service, and rates. Thus, as the rates Eversource charged were not entirely within its control, the connection between the purported false statements and the costs plaintiff incurred was too attenuated to serve as a cognizable injury. Plaintiff was unable to establish that they would have paid a lower price for natural gas had it been honestly advertised.
SEC Creates New Tech-Focused Enforcement Team
On February 20, the SEC announced the creation of its Cyber and Emerging Technologies Unit (CETU) to address misconduct involving new technologies and strengthen protections for retail investors. The CETU replaces the SEC’s former Crypto Assets and Cyber Unit and will be led by SEC enforcement veteran Laura D’Allaird.
According to the SEC, the CETU will focus on rooting out fraud that leverages emerging technologies, including artificial intelligence and blockchain, and will coordinate closely with the Crypto Task Force established earlier this year (previously discussed here). The unit is comprised of approximately 30 attorneys and specialists across multiple SEC offices and will target conduct that misuses technological innovation to harm investors and undermine market confidence.
The CETU will prioritize enforcement in the following areas:
Fraud involving the use of artificial intelligence or machine learning;
Use of social media, the dark web, or deceptive websites to commit fraud;
Hacking to access material nonpublic information for unlawful trading;
Takeovers of retail investor brokerage accounts;
Fraud involving blockchain technology and crypto assets;
Regulated entities’ noncompliance with cybersecurity rules and regulations; and
Misleading disclosures by public companies related to cybersecurity risks.
In announcing the CETU, Acting Chairman Mark Uyeda emphasized that the unit is designed to align investor protection with market innovation. The move signals a recalibration of the SEC’s enforcement strategy in the cyber and fintech space, with a stronger focus on misconduct that directly affects retail investors.
Putting It Into Practice: Formation of the CETU follows Commissioner Peirce’s statement on creating a regulatory environment that fosters innovation and “excludes liars, cheaters, and scammers” (previously discussed here). The CETU is intended to reflect that approach, redirecting enforcement resources toward clearly fraudulent conduct involving emerging technologies like AI and blockchain.
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States Take Action to Regulate and Limit PFAS in Industrial Effluent Despite Federal Inaction
On January 21, 2025, the U.S. Environmental Protection Agency’s (EPA) proposed rule seeking to set effluent limitation guidelines for certain per- and polyfluoroalkyl substances (PFAS) under the Clean Water Act (CWA) was withdrawn from Office of Management & Budget (OMB) review following President Trump’s Executive Order implementing a regulatory freeze. Federal action may be halted, but states are beginning to enact legislation that seeks to address PFAS contained in industrial effluent. These laws are currently sparse, with Maryland being the most recent state to establish a robust framework that requires industrial sources to limit PFAS in effluent. A handful of other states have laws establishing monitoring and reporting protocols for PFAS in industrial effluent, and other states have similar frameworks planned for future implementation. While these efforts are not yet widespread, heightened scrutiny of PFAS use suggests that more and more states will seek to monitor and limit PFAS in industrial effluent.
Maryland’s Framework
In May 2024, the Maryland legislature enacted the Protecting State Waters from PFAS Pollution Act. The Act charges the Maryland Department of the Environment (MDOE) with setting PFAS action levels and monitoring and testing protocols. MDOE appears behind schedule for rulemaking to promulgate these requirements, but a regulatory program is on the horizon. Once rulemaking is complete, certain industrial discharges of PFAS will be subject to a range of requirements seeking to monitor and reduce PFAS in effluent.
The Act only implicates discharges of PFAS from Significant Industrial Users (SIU), which MDOE was tasked with identifying by October 1, 2024. An SIU is defined under the Act as an industrial user that is:
subject to 40 C.F.R. Part 403.6;
discharges an average of 25,000 gallons per day to a publicly owned treatment works (POTW); and
contributes a certain percentage of processed wastewater at a POTW; or
is designated an SIU based on potential harm its discharges may cause or due to past violations.
The new monitoring and testing requirements apply only to SIUs “currently and intentionally using PFAS chemicals” that operate under a pretreatment permit.
Once the program is fully established, SIUs regulated under the program will be required to track and reduce the amount of PFAS contained in discharge. SIUs will be tasked with both initial and ongoing monitoring to determine the level of PFAS discharged to POTW and will need to report those monitoring results to MDOE. SIUs will also need to create plans to address PFAS in their effluent through identifying ways to reduce, move away from, and safely dispose of PFAS.
Limitation of PFAS in Industrial Effluent in Other States
Maryland is not the only state looking to limit discharges containing PFAS from industrial sources. New York and Massachusetts, for example, are pursuing monitoring and disclosure requirements for SIU. The New York legislature is currently considering S.B. 4574, which seeks to enact the “PFAS Discharge Disclosure Act” to create a monitoring protocol for “certain industrial dischargers” and for POTWs. The bill includes language requiring that monitoring results under this protocol be made public.
States such as Michigan have enacted compliance procedures to address PFAS discharged from industrial facilities to surface water or to POTWs. Under this guidance, both new and existing industrial facilities are evaluated to determine their potential to discharge PFAS. Facilities determined to have a reasonable potential to discharge PFAS are required to follow monitoring and sampling protocols. Facilities discharging PFAS above certain levels will be asked to enter into a compliance order to address and reduce the PFAS levels.
Other states, such as Colorado and Kansas, are in the beginning stages of studying the impact of discharges containing PFAS from industrial facilities to POTWs with the intention of limiting PFAS in industrial discharges in the future. Kansas has identified PFAS as an area of concern within industrial discharges and is conducting preliminary sampling at certain industrial facilities to learn more about PFAS contamination in the state.
Most of the effluent limitations and pretreatment requirements relate to state National Pollutant Discharge Elimination System (NPDES) programs, but some upcoming rules regarding SIUs and PFAS discharges may stem from other state and federal requirements. Virginia, for instance, plans to require facilities causing or contributing to exceedances of Safe Drinking Water Act (SDWA) levels for PFAS at Public Water Systems to pretreat and address effluent causing impacts to drinking water. Maryland contemplates adding requirements and limitations for SIUs under its groundwater and stormwater programs, as well.
Commentary
As Maryland and other states bring their programs online, additional states are likely to follow suit. This is especially likely if there is a perception of federal government inaction in this sphere, which is probable. Given that more and more states may take similar action as PFAS continues to be a hot topic, companies intentionally using or manufacturing products with PFAS should consider the implications of compliance moving forward. Reducing or eliminating use of PFAS and substances containing PFAS, when possible, may be a good policy decision as increasing disclosure requirements make the public aware of PFAS usage. Companies unable to move away from PFAS use should closely monitor the status of PFAS regulation in states where they manufacture and process materials and should prepare to address concern that may arise from public disclosure of their PFAS use.
Catherina D. Narigon also contributed to this article.
FDA Announces a “Chemical Contaminants Transparency Tool” to Evaluate Potential Health Risks of Contaminants in Human Foods.
On March 20, 2025, the Food and Drug Administration (FDA) announced the availability of a Chemical Contaminants Transparency Tool, a database intended to provide users with a list of contaminant levels in the food supply.
Contaminant levels, such as tolerances, action levels, and guidance levels, are used by FDA to evaluate potential health risks in food. If contaminant levels exceed the permissible threshold, FDA will deem the food to be unsafe.
The database compiles existing information from several sources, including compliance policy guides, guidance for industry, and the Code of Federal Regulations, into a single reference. Information includes the contaminant’s name, commodity, contaminant level type, level value, and its reference source. There are currently 301 records available on the database.
According to the news release, under the direction of Secretary Kennedy, the Chemical Contaminants Transparency Tool is one new initiative intended to modernize chemical safety. The intention behind the database is to offer the American public “informed consent about what they are eating.”
CFPB Moves to Vacate ECOA Settlement Against Illinois-based Mortgage Lender
On March 26, the CFPB filed a motion to vacate its recent settlement against an Illinois-based mortgage lender accused of engaging in discriminatory marketing practices in violation of the Equal Credit Opportunity Act (ECOA) and the Consumer Financial Protection Act (CFPA). The lawsuit, initially filed in 2020, alleged that the lender’s public radio advertisements and commentary discouraged prospective applicants in majority- and minority- Black neighborhoods from applying for mortgage loans.
In its original complaint, the CFPB claimed the mortgage lender had violated fair lending laws by making repeated on-air statements that allegedly discouraged individuals in certain predominantly minority neighborhoods from seeking credit, and by failing to market its services in a manner that would affirmatively reach those communities. According to the CFPB, this conduct constituted unlawful discouragement under the ECOA and CFPA, even where no formal credit application had been submitted. That decision was challenged on appeal and later upheld by the 7th Circuit which found that ECOA also applies to prospective applicants. After losing on appeal, the lender settled the action for $105,000.
Acting Director Russel Vought explained in a March 26 press release that the CFPB “abused its power, unfairly tagged the lender as racist with “zero evidence”, and spent years persecuting and extorting the lender “all to further the goal of mandating DEI in lending via their regulations by enforcement tactics.”
Putting It Into Practice: The CFPB’s order is the latest example of the Bureau reversing course on enforcement actions initiated under the previous administration (previously discussed here and here). This is the rare instance of a federal regulator ripping up an action that was already settled. Perhaps even more noteworthy, the lawsuit against the mortgage lender was filed under the first Trump administration.
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HUGE WIN FOR LENDING TREE!: Court Holds Tree is Not Responsible for Affiliate Calls in Pay Per Call Program And That’s Huge News
So Tree and I have buried the hatchet and are friends again– in fact, Lending Tree will be speaking at Law Conference of Champions III, how awesome is that!
But the BEST way to get on the Czar’s good side is to deliver huge industry-helping TCPA wins, and that is EXACTLY what Tree just did and I LOVE TO SEE IT.
In Sapan v. LendingTree, 8:23-cv-00071 (C.D. Cal March 18, 2025) the Court just entered judgment in favor of Tree finding it cannot be held responsible for calls made by affiliates in its pay per call program. Absolutely MASSIVE win,
The ruling turned on vicarious liability principles and applied the critical case of Jones v. Royal Administration Services, Inc., 887 F.3d 443 (9th Cir. 2018), which is the primary Ninth Circuit authority on the issue.
Under Jones a party must control the injury-causing conduct to be liable for calls. And where a party is making calls that may be transferred to any number of buyers the party that happens to buy that call simply cannot be held liable for the transfer.
In light of that authority the Sapan found Tree was not liable because it did not directly control the caller and the mere fact it accepted a transfer is not dispositive.
Excellent result– and undoubtedly the correct one!
This is an important ruling for folks to keep in mind. A ton of litigation arises following lead gen third-party transfers and folks buying leads on non-exclusive campaigns should be citing this case!
Ch-ch-ch-ch-changes… Part 2
In our earlier blog on recent changes affecting the Competition and Markets Authority (CMA), we anticipated more changes to come. The month of March has lived up to our expectations. On 12 March, the CMA launched a “call for evidence” for the review of its approach to merger remedies as well as a “Mergers Charter” for businesses, stating that:
“Both the merger remedies review and the Mergers Charter are part of the CMA’s programme of work to implement the ‘4Ps’ – pace, predictability, proportionality and process – across all its work, helping to drive growth and enhance business and investor confidence.”[1]
The Mergers Charter[2]
The charter sets out principles as well as expectations for how the CMA will interact with businesses as well as their advisers during merger reviews – but also how the CMA expects businesses to act in return.
While carrying out merger reviews, the CMA is committed to four principles: process, proportionality, pace and predictability.
These principles are meant to help the CMA ensure they reach the correct decisions, as quickly as possible, while minimising the burden on businesses.
The “charter is a statement of intent”, but the document itself has no legal status.
In relation to the 4P’s, the following is said:
Pace – “The CMA is committed to reaching sound decisions as quickly as possible. Cooperation of businesses is a vital part of this process.”
Predictability –“Predictability is important for investor confidence and business decision-making. This includes being as clear as we can be to minimise uncertainty over whether we will review a particular deal or not.”
Proportionality – “The CMA is committed to acting proportionately in the conduct of its merger reviews.”
Process– “The CMA is committed to engaging directly with businesses during its merger reviews … Open and constructive engagement is a crucial part of this.”
The Call for Evidence[3]
This call for evidence will remain open until 12 May 2025.
“The CMA is seeking feedback on 3 key areas:
How the CMA approaches remedies, including the circumstances in which a behavioural remedy may be appropriate.
How remedies can be used to preserve any pro-competitive effects of a merger and other customer benefits.
How the process of assessing remedies can be made as quick and efficient as possible.”
Additionally, the CMA will also be running a series of outreach and roundtable sessions to gather input.
As Joel Bamford (executive director for mergers at the CMA) has stated:
“Casting the net widely for input for the merger remedies review is crucial to getting a range of views – to this end we’re going to be holding webinars and hosting roundtables so we’re gathering the best quality feedback directly from those impacted by UK merger control.”
“We’re moving rapidly to deliver on our commitment to update the UK’s mergers regime, focusing on pace, predictability, proportionality and process. The remedies review and charter represent crucial progress as we turn those principles into practice.”[4]
Sarah Cardell Speech[5]
Around the same time of the announcement of this call for evidence, a recent speech from Sarah Cardell (the CMA chief executive) also highlighted a paced and proportionate approach to two areas of focus for the CMA’s new consumer protection powers under the Digital Markets, Competition and Consumers Act 2024 (DMCCA): drip pricing and fake reviews.
Fake Reviews
The CMA confirmed that it is ready to take action against fake reviews under the new regime. However, Sarah Cardell went on to say:
“Although we can tackle fake reviews under our existing powers … we recognise that new provisions may require changes to systems and compliance programmes … so for the first 3 months of the new regime we will focus on supporting businesses with their compliance efforts rather than enforcement.”
Drip Pricing
In relation to drip pricing, Sarah Cardell mentioned how:
“I am announcing today that we will take a phased approach to the guidance here. In April, we will provide a clear framework for complying with the parts of the law which are already well understood and largely unchanged … These ‘dripped fees’ harm consumers, and fair dealing businesses, by hindering effective price competition – which we know primarily happens on headline prices.”
Conclusion
The CMA continues to adapt its approach in response to the UK government’s steer towards growth. Business should reflect how to adapt to these changes in turn, and the call for evidence provides a first opportunity for businesses to help the CMA put its 4P’s principles into practice.
[1] CMA launches review of merger remedies approach and publishes new mergers charter – GOV.UK
[2] Mergers charter – GOV.UK
[3] CMA launches review of merger remedies approach and publishes new mergers charter – GOV.UK
[4] CMA launches review of merger remedies approach and publishes new mergers charter – GOV.UK
[5] Promoting competition and protecting consumers in the digital age: a roadmap for growth – GOV.UK
Europe – Pay Transparency Directive: Preparing for the Great Unknown?
Over the last few months, we have done a lot of sessions with clients on the Pay Transparency Directive. Chief among the questions that inevitably comes up is implementation of the Directive in the different Member States. Clients wonder if and how they can prepare for June 2026 when – as per usual – most Member States are nowhere near presenting even draft legislation to translate the Directive into national legislation.
Our response to this entirely sensible question is always the same: while we will of course track local developments and keep you updated, please do not wait until there is more clarity from national legislators to take action on this topic. You don’t have to know about every nut and bolt of the finished product to know enough to start your preparation, especially as the Directive does set out very clear pointers on the likely direction of travel.
One of the main principles of the Directive is that Member States should take the necessary measures to ensure that “employers have pay structures ensuring equal pay for equal work or work of equal value”. These pay structures should be based on a job evaluation scheme which considers skills, effort, responsibility and working conditions (and, if appropriate, any other factors which are relevant to the specific job or position). There is no chance that those key indicators will be altered materially pre-implementation – while it is possible that some states may add further considerations, that will almost certainly be by way of illustration or expansion of those criteria, not variation of them. Making sure that the organisation has the right structures and schemes in place and determining the pay gaps in the organisation on this basis is a project that will likely take a couple of months, which does not leave an awful lot of time to remedy any gaps above 5% that would come out of the analysis.
And yes, the Directive does look to Member States to take the necessary measures to ensure that “analytical tools or methodologies are made available to support and guide the assessment and comparison of the value of work in accordance with the [above] criteria”. But in the current political climate, where even European Commission president Ursula von der Leyen has announced a drive for de-regulation, we do not expect that the Member States will be demonstrating excessive zeal when implementing this provision. Rather we expect that those which are already quite advanced on this topic – e.g. Spain, which has a public on-line job evaluation tool – will maintain what’s already in place, whereas those less prepared Member States (which is the large majority) will likely leave it at the level of the principles set out by the Directive, without much more.
The first Member States that have issued draft legislation seem to confirm this prediction:
Sweden’s existing legislation is already in line with the Directive’s requirements, requiring employers to conduct annual reviews of equal jobs and jobs of equal value. Under the existing legislation, companies with 10 or more employees must document the salary review in writing, including specific measures to address any identified pay gap issues, while companies with 25 or more employees must also produce annual equality plans. The draft legislation to transpose the Directive is in fact a set of amendments to existing legislation:
As per the Directive, employers must provide information to job applicants about the initial salary or range for the position. Sweden adds the obligation to offer information on any relevant collective bargaining agreement provisions on salary. Answering a question we also get quite often, the Swedish draft Bill specifies that this information does not need to be included in the job postings but should be provided in reasonable time to allow for an informed negotiation on pay. In line with the Directive, employers cannot ask prior salary history.
Employers must inform employees about the “standards and practices” for wages, to help employees understand the annual equal pay salary reviews being conducted.
Also in line with the Directive, employees must have rights to information on their individual pay level and average pay levels for workers performing equal work, broken down by gender.
Employers with 100 or more employees must report gender pay gaps during the calendar year for the overall workforce to the Equality Ombudsman, who will publish this information. Employers must also report to the Ombudsman pay gaps by groupings of employees performing equal work, explaining differences of 5% or more with objective reasons or actions to be taken.
Finally, the annual equal pay salary analysis must also include a comparison between women’s and men’s pay progression in connection with parental leave and pay progression for employees who perform equal work or work of equal value, compared to employees who have not taken a corresponding period of leave. This provision goes beyond Directive requirements, which only ask that family leaves be considered as part of a joint pay assessment (the further analysis imposed if the annual pay gap report shows a pay gap of 5% upwards in any given category).
Ireland’s draft bill is less ambitious (though all credit to them for at least having started) as it only entails a partial implementation of the Directive. The draft Bill has a wider scope than the transposition of the Directive and includes two provisions relating to pay transparency:
It requires employers to provide information about salary levels or ranges in the job advertisement. This requirement is slightly more restrictive than the Directive, which does not state that this information must be published (already) in the job advert. It is not clear in this stage exactly how detailed the information on pay range will need to be.
In line with the Directive, the second measure prohibits employers from asking job applicants about their own pay history or their current rate of pay.
In Poland, quite interestingly, Members of Parliament presented in December 2024 their own draft Bill, not waiting for the results from the governmental working group tasked with preparation for the implementing law. In February, the Polish Parliament (by a scarce majority of votes of 229 to 201 and against the majority of Ministries and institutions which commented upon on the draft Bill) decided to proceed with this draft while the other is in the early preparatory stages. The current draft focuses on implementing only parts of the Directive focused on:
pay transparency: salaries and salary levels will not be confidential (no exceptions), and employees will have the right to request information on their individual salary levels and average salary levels; employer will not be able to prohibit or prevent an employee from disclosing information about their salary (not even if such disclosure may hurt business interest and is not necessarily focused on ensuring equal pay),
pay transparency in recruitment: the employer, publishing information on an open job position, shall identify the proposed level of salary, indicating its minimum and maximum amount; similarly to Ireland, the employer is required to publish salary proposals in the “information on possibility to hire an employee on a specific job position” (which we understand to mean the job advertisement), and there is no flexibility as to how and when this information is to be provided to the candidate.
pay progression information: employer shall provide the employee with access to the criteria used to determine employee salary and pay progression; such criteria must be objective and gender-neutral; the draft Bill suggests that employers with fewer than 50 employees “may be released from this obligation”. It is not, however, clear by whom.
new penalties will be imposed on employers in Poland for not informing employees of their salary level when requested, for not publishing information on salary in job advertisements and for employing an employee at a salary lower than stipulated in the job posting. This raises a number of questions, e.g. what if the salary is lower because the parties agreed to proceed with a part-time employment or to a reduction in scope of responsibilities? Will this still be a punishable offence?
The draft Bill is rather short and it does not touch upon sensitive topics such as job evaluation, objective or gender-neutral criteria for differentiation of salaries, or gender pay gap reporting. These matters are expected to be comprehensively regulated only in the governmental Bill, which is still a “work in progress” and not expected any time soon. It is fair to say that no guidance may be taken from the draft Bill as proposed, and at places it is actually quite confusing.
Finally, in Germany, the interim Minister for Family, Senior Citizens, Women and Youth, Lisa Paus, has apparently announced in a private meeting a couple of months ago that Germany will likely go for continued flexibility in setting categories of workers without imposed pay evaluation systems. Germany will also focus heavily on the Right to Information, which already exists but will be strengthened in the framework of the transposition process. This information is however not yet confirmed on the interim Minister’s website. At the moment, it is unclear whether this approach will be continued because the Green Party, of the which the interim Minister is a member, will no longer form part of the new government. It is uncertain what the priorities of the new government will be when implementing the Directive. We will keep you updated.
In summary, only four Member States have allowed us a view into their thinking on Pay Transparency Directive implementation, but in none of the four cases is the output of such a nature that it should prevent companies from making a start on the biggest chunk of the work, around fair job evaluation and the assessment and analysis of the gaps as they present themselves on the basis of such job evaluation. The time is now, more than ever.
Wyoming’s New Non-Compete Law Starts in July: Employers Need to Look at Their Agreements Now
Takeaways
Effective 07.01.25, Wyoming law significantly restricts how and when employers can use covenants not to compete and renders most new non-compete agreements unenforceable.
The law allows exceptions for the sale or purchase of a business, trade secret protection, the recovery of training and relocation expenses, and executives and key professional staff.
The law voids non-compete provisions for physicians, giving them full rights to communicate their new practice location and information to patients with rare disorders without risk of litigation.
Article
On Mar. 19, 2025, Wyoming Governor Mark Gordon signed Senate Bill 107 into law, fundamentally reshaping the landscape for non-compete agreements in a major legislative move that will impact employers across Wyoming. Effective July 1, 2025, the new law significantly restricts how and when employers can use covenants not to compete and makes most traditional non-compete agreements executed on or after the effective date unenforceable.
What Has Changed?
Previously, Wyoming allowed employers considerable flexibility in drafting non-compete agreements. Under the new statute, non-compete agreements that restrict an employee’s ability to earn a living, either in skilled or unskilled labor, are generally void.
Important Exceptions
While the general rule is clear — non-competes are mostly unenforceable — there are important exceptions employers must understand:
1. Sale or Purchase of a Business: Non-competes remain valid when they accompany the sale or transfer of a business or its assets. This preserves protections for buyers and sellers in significant business transactions.
2. Trade Secrets Protection: Wyoming businesses can still protect legitimate trade secrets through narrowly tailored non-compete agreements. Importantly, these agreements must strictly adhere to statute. Wyo. Stat. § 6‑3‑501(a)(xi) defines “trade secret” as “the whole or a portion or phase of a formula, pattern, device, combination of devices or compilation of information which is for use, or is used in the operation of a business and which provides the business an advantage or an opportunity to obtain an advantage over those who do not know or use it.” Employers should carefully draft language reflecting this precise statutory definition.
3. Recovery of Training and Relocation Expenses: Employers can recover expenses incurred from training, education, or relocating employees, provided clear terms are outlined:
Up to 100% if employment lasted less than two years
Up to 66% if employment was between two and three years
Up to 33% if employment was between three and four years
4. Executives and Key Professional Staff: Non-compete agreements can remain valid for “[e]xecutive and management personnel and officers and employees who constitute professional staff to executive and management personnel.” This phrase is not defined in the statute. Employers should carefully consider which roles legitimately fit within this category and craft agreements accordingly.
Special Rules for Physicians
Wyoming’s legislature gave special attention to non-compete agreements involving physicians. Any provision that restricts a physician’s practice after their employment termination is now void. Although all other provisions of their agreements remain enforceable, the new law gives physicians full rights to communicate their new practice location and information to patients with rare disorders (as defined by the National Organization for Rare Disorders) without risk of litigation. This specific patient-focused exception reflects public policy prioritizing patient care continuity over contractual restrictions.
Applicability of the New Law
The statute applies only prospectively and only covers contracts executed on or after July 1, 2025. Existing non-compete agreements, and all those signed before July 1, 2025, will remain unaffected and enforceable according to their original terms.
Recommended Employer Action
Given this significant legislative shift, employers must carefully review and update employment agreements to comply with Wyoming’s new legal landscape. It is critical for businesses to:
Review and Revise: Carefully audit your existing employment agreement templates and policies to ensure compliance with the new law before July 2025.
Identify Exceptions: Evaluate which roles within your company may legitimately fall under permitted exceptions and update specific contract language accordingly.
Collaborate with Employment Counsel: Seek strategic advice from experienced employment counsel to mitigate risks, ensure full compliance, and protect your company’s interests.
Coming Soon: Coordinated Pan-European Enforcement of the ‘Right to Erasure’
The European Data Protection Board (EDPB) recently announced the launch of its 2025 Coordinated Enforcement Framework (CEF) action, which will focus on the right to erasure, also known as the “right to be forgotten,” or, in the United States, the “right to delete.”
This initiative marks a significant shift in enforcement priorities for Europe’s Data Protection Authorities (DPAs) and reflects an increased focus on ensuring compliance with Article 17 of the General Data Protection Regulation (GDPR), which grants individuals the right to have their personal data deleted in certain situations.
Quick Hits
EDPB’s 2025 Enforcement Focus: The CEF will prioritize enforcement of the right to erasure under Article 17 of the GDPR and involve coordination among thirty-two DPAs across Europe.
Increased Scrutiny of Compliance: Organizations may face increased information requests, investigations, and follow-up actions to evaluate their erasure practices and identify compliance gaps.
Preparing for Enforcement: Organizations will likely want to review and refine their erasure request processes to ensure timely responses, proper application of exceptions, and effective data deletion across all systems, including backup systems, and also review their broader GDPR compliance framework to mitigate possible risk in the event of a broader request for information.
The right to erasure is one of the most frequently exercised rights under the GDPR. However, it is also a common source of complaints to DPAs and, when exercised in conjunction with other rights, such as the right to portability, is one of the more visible areas of GDPR noncompliance. The 2025 CEF action involves thirty-two DPAs across the European Economic Area that will begin contacting organizations directly to engage in formal and informal activities aimed at evaluating how the organizations handle and respond to erasure requests. A particular focus of the CEF action will be:
assessing organizational compliance with the conditions and exceptions outlined in Article 17 of the GDPR;
identifying gaps in the processes used by data controllers to manage data subject requests to erase; and
promoting best practices for organizations’ handling of such requests.
Organizations across various sectors can expect increased scrutiny from DPAs. This may include simple information requests from DPAs to evaluate their current erasure practices and procedures, but will also, in some circumstances, result in formal investigations and regulatory follow-up actions. Because this is a coordinated, pan-European enforcement focus, organizations can expect more targeted follow-ups both nationally and internationally as the year progresses.
Organizations can prepare for the heightened attention due to be paid to their erasure request handling processes by taking proactive steps to ensure that their data management practices align with GDPR requirements, particularly regarding:
timely and accurate responses to erasure requests (i.e., within one month of the request);
accurate application of exceptions, such as when data retention is necessary for legal compliance, or tasks carried out in the public interest or in the exercise of official authority;
appropriate notification of erasure requests to other organizations where relevant personal data has been disclosed or made public;
comprehensive processes to effectively erase data, such as erasure of personal data on backup systems in addition to live systems; and
transparent communication with individuals who submit requests for erasure about their rights and the outcomes of their requests.
Organizations may also want to review their broader GDPR compliance frameworks, as a pulled thread on a single identified non-compliance issue could unravel further areas of scrutiny and potentially trigger a larger and broader investigation into the business’s compliance posture on the whole.