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India Business Law Journal Article Published on November 6, 2023 Our annual ‘State of the Legal Market’ survey finds that AI, specialist firms, discerning clients and the paired trends of fragmentation and consolidation are preoccupying the legal community. Katherine Abraham reports Big changes are afoot in the Indian legal landscape with the arrival of foreign firms and the integration of artificial intelligence (AI) technology ...

Shoosmiths LLP | November 2023

A recent data protection fine highlights the risks of getting a few key things wrong. Fines for large data security breaches always grab press attention, however a recent €600,000 fine from the French data protection regulator (the CNIL) brings into sharp focus the risks for businesses when they get a few key things wrong without any catastrophic failures amongst them ...

Carey Olsen | November 2023

Contents Government attitude and definition Cryptocurrency regulation Sales regulation Taxation Money transmission laws and anti-money laundering requirements Promotion and testing Ownership and licensing requirements Mining Border restrictions and declaration Reporting requirements Estate planning and testamentary succession Government attitude and definition The BVI has established itself as a leading offshore finance centre that is resilient, agile and innovative in the

Carey Olsen | November 2023

Contents Government attitude and definition Cryptocurrency regulation Sales regulation Taxation Money transmission laws and anti-money laundering requirements Promotion and testing Ownership and licensing requirements Mining Border restrictions and declaration Reporting requirements Estate planning and testamentary succession Government attitude and definition The Cayman Islands is a leading global financial centre and has developed a reputation as one of the world’s most

Carey Olsen | November 2023

Contents Please click on the links below to jump to the relevant section: Government attitude and definition Cryptocurrency regulation Digital Asset Business Act Scope of the DABA Licensing requirement Application process Criteria to be met by licensees Continuing obligations of licence holders BMA’s supervision and enforcement powers Digital Asset Issuance Act Scope of DAIA Authorisation requirements Authorisation criteria Ongoing obligations BMA’s supervis

Our present time is in constant evolution and Artificial Intelligence (AI) has demonstrated its ability to revolutionize entire industries and improve our quality of life in many aspects. In our global interconnectedness, it is a reality that organizations are already working on implementing AI for various purposes, including improving processes and the way they do business ...

Lavery Lawyers | November 2023

Canada?s finance minister unveiled a series of legislative proposals on August 4, 2023 aimed at making significant changes to the flow-through share system, particularly as regards lithium exploration. Although a number of these changes had already been announced in the 2023 federal budget, e.g ...

Carey Olsen | October 2023

Although this is a developing area, many billions of assets under management have already been tokenised. High profile managers such as Franklin Templeton, Abrdn, KKR, Mitsui and Hamilton Lane have already launched tokenised products. Tokenised assets nonetheless still represent a tiny percentage of the funds industry. We expect this area to grow exponentially in the coming years. What is tokenisation? Tokenisation is the digital representation of 'traditional' financial assets (e.g ...

Shoosmiths LLP | October 2023

At Halloween, we look at whether data protection laws protect doorstep trick-or-treaters and how technologies such as CCTV and smart doorbells can be used lawfully under data protection law. Along with the ghosts and goblins, bands of happy revellers may be preparing to roam the streets this Halloween to get their seasonal sweet fix armed with nothing more than a pumpkin lantern and hopeful smile ...

Shoosmiths LLP | October 2023

At the end of last week, the FT published a guest article on quantum computing. For those unfamiliar with quantum computing, it is the technology that will be capable of harnessing the powers of quantum mechanics to solve problems which are too complex for ‘classical’ computers (the computers of today). Classical computing employs streams of electrical impulses to encode information: an electrical impulse may be only 1 or 0 (i.e. on or off) – a classical 'bit’ ...

Carey Olsen | October 2023

In the second instalment of The Fintech Times' ‘Where to Relocate’ series, we turn the spotlight to the Cayman Islands as a VASP-friendly jurisdiction. Situated in the Caribbean, the Cayman Islands offer a unique blend of regulatory excellence, technological innovation, and a commitment to fostering the growth of digital assets ...

Shoosmiths LLP | October 2023

The Product Security and Telecommunications Infrastructure Act 2022 (PSTIA) received Royal Assent on December 6, 2022. The PSTIA makes various changes to the Electronic Communications Code (the Code) – however, its intended effects are only being felt piecemeal, as its provisions are being slowly brought into force through secondary legislation. Ss ...

Shoosmiths LLP | October 2023

Clearview AI has escaped punishment in the UK for its global facial recognition database. The reasons why are crucial and will potentially affect the future of privacy for everyone in the UK. Alongside Cambridge Analytica, Clearview AI has emerged as probably the best-known maverick of data analytics based on recent reports. It has been fined by data protection regulators around the world, including in the UK, for developing what regulators consider unlawful facial recognition technology ...

Carey Olsen | October 2023

Examples of ESG investments include investments in businesses such as wind farms and solar power initiatives, or in companies that meet the investor’s ESG value criteria (for example, because they have in place policies to address climate change or to ensure ethical supply chain sourcing) ...

Shoosmiths LLP | October 2023

It’s the final countdown, with only one year to go before EU member states must transpose the EU’s new Network and Information Security 2 Directive (“NIS 2”) into national law. Key Dates EU Member States have until 17 October 2024 to transpose NIS 2 into national law and those national laws will apply to organisations as early as 18 October 2024. Enforcement is likely to start from 17 January 2025, in line with parallel legislation affecting financial services ...

Shoosmiths LLP | October 2023

The idea of achieving purpose alongside profit has been part of the business world for centuries, but the importance placed on it has reached new heights in recent years with an increased focus on ESG (Environmental, Social and Governance) issues, informed by a longer-term view that we cannot afford to pursue profit without consideration for people and our planet ...

Shoosmiths LLP | October 2023

We have previously commented on the impact environmental concerns are having on those working in the traditional energy sectors. In particular, the focus on renewable energy has left many oil and gas workers nervous about their job security and ability to find alternative work if they are made redundant. Thankfully, it appears those concerns might be unfounded ...

Shoosmiths LLP | October 2023

Last week was filled with noteworthy developments in the cryptocurrency industry, Rachel Wolcott of Thomson Reuters Regulatory Intelligence has spotlighted two important articles. The first article focuses on Binance's compliance with the UK Financial Conduct Authority's (FCA) new financial promotion rules, while the second delves into HTX (formerly known as Huobi) and its status on the Seychelles corporate register of crypto exchanges. Let's take a closer look at these significant events ...

Shoosmiths LLP | October 2023

Expectations are increasing and there is mounting pressure from investors and consumers for private and public sector organisations and charities to be seen to be doing something about ESG factors, including equality, diversity and inclusion. Diversity and inclusion are increasingly recognised as crucial factors in building sustainable and successful supply chains in the private, public and charity sectors ...

MinterEllison | October 2023

As we navigate a rapidly changing digital landscape, upskilling our people continues to be a priority. In response, the innovators at MinterEllison developed Mintcoin, an internal crypto currency designed to reward participation in the firm’s Digital Academy program and innovation initiatives. We’re thrilled to announce that this initiative has secured MinterEllison a spot on the AFRs Most Innovative Companies list for 2023 ...

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