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New Guidance for Adverts Promoting In-Game Purchases Released by CAP and BCAP
Shepherd and Wedderburn LLP, October 2021

This month the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) released new guidance for advertisements used to promote in-game purchases. This guidance applies to providers of online gaming services that offer users the opportunity to purchase virtual items in real-time, such as virtual currencies or extra lives...

Can You Inherit Digital Assets?
Shepherd and Wedderburn LLP, October 2021

  Every day, our digital footprint gets larger as we continue to rely more heavily on technology in our day-to-day lives. From an inheritance and succession point of view, this poses an important question: What happens to our digital assets when we die? Often when writing a will, people will consider any physical property they own as well as any investments and sums held in bank accounts...

Panel Speaker at the Legal in Action on Facebook Live organized by ?????? Thai Business and TLCA
Kudun and Partners, October 2021

Kongkoch Yongsavasdikul, partner and co-head of Startup Practice was invited to speak on the legal landscape of Startups in Thailand in the session “FinTech, AI & Fundraising – In Action: Series A & Beyond” by Legal in Action, hosted by Khun Peangpanor Boonklum with other speakers; Dr. Sutapa Amornvivat, PhD and Dr. Nattavut Kulnides. Thanks to Legal in Action and host Khun Peangpanor for inviting our partner as a speaker...

El Salvador ´s Crypto Ecosystem and next steps to implement
Consortium Legal - El Salvador, October 2021

“The journey of a thousand miles begins with one step.” Lao Tzu.   On Wednesday, June 9, El Salvador published in its Official Gazette a historic event worldwide, the first law in the world that provided a digital asset, specifically the bitcoin with unrestricted and unlimited clearance power in any transactions that natural persons, public or private legal entities carry out in any capacity, therefore, bitcoin became a legal tender in El Salvador...

El Salvador: Bitcoin Law
Consortium Legal - El Salvador, October 2021

Preliminary concepts:   Prior to conducting an analysis of the Bitcoin Law (hereinafter “BTC Law”), it is important to clarify two fundamental concepts regarding this type of digital assets:   – What is bitcoin?   A bitcoin is a decentralized digital asset created in 2009 by one or more people under the pseudonym of Satoshi Nakamoto, with the mission of being a virtual currency or an instrument of electronic exchange to acquire products and services

Adoption of Bill 64: what do public bodies need to know?
Lavery Lawyers, October 2021

Bill 64, also known as the Act to modernize legislative provisions as regards the protection of personal information , was adopted on September 21, 2021, by the National Assembly of Quebec...

Latest Federal Court Cases, 10/5/21
Schwabe, Williamson & Wyatt, October 2021

In re: Vivint, Inc., Appeal No. 2020-1992 (Fed. Cir. Sept. 29, 2021) In an appeal from the United States Patent Trial and Appeal Board, the Federal Circuit addressed whether a party may challenge the validity of an issued patent by ex parte reexamination when the challenger has repeatedly tried to use inter partes review (“IPR”) to forward the same argument. The Federal Circuit held that, when applying 35 U.S.C...

Amendments to Privacy Laws: What Businesses Need to Know
Lavery Lawyers, October 2021

Bill 64, also known as the Act to modernize legislative provisions respecting the protection of personal information , was adopted on September 21, 2021, by the National Assembly of Quebec...

CJEU confirms software constitutes goods
Shoosmiths LLP, October 2021

Is the sale or purchase of software by an agent on behalf of its principal a sale or purchase of ‘goods’ for the purposes of the Commercial Agents (Council Directive) Regulations 1993 (the “Regulations”) within the technology sector? Following the Court of Justice of the European Union (the “CJEU”) preliminary ruling in The Software Incubator Ltd v. Computer Associates UK Ltd case, we move a step closer to a much-needed consistent answer...

How to Transfer Personal Information out of China under the Personal Information Protection Law
Deacons, October 2021

The Personal Information Protection Law (the “PIPL”) will take effect on 1 November 2021. It follows the fundamental rules on protecting personal information under the Cybersecurity Law and Civil Code of the People’s Republic of China (PRC). We highlight below the key points in the PIPL on processing personal information within China, and outbound transfer of personal information, which may impact businesses whether they are operating in or outside the PRC. 1...

International data transfers – where are we now?
Shepherd and Wedderburn LLP, October 2021

  Executive Summary For organisations transferring personal data from the EEA, the new form of model clauses must now be used for any new transfers agreed as of 27 September 2021. Existing arrangements using the “old” European model clauses have until December 2022 to be replaced with one of the new versions...

Bitter pill for the ICO to swallow as fine on pharmacy reduced
Shepherd and Wedderburn LLP, October 2021

  In a recent appeal by a pharmacy, Doorstep Dispensaree Limited (“Doorstep”), against a Monetary Penalty Notice and an Enforcement Notice issued against it by the Information Commissioner’s Office (the “ICO”), Doorstep was partially successful, specifically against the level of fine imposed by the ICO under the Monetary Penalty Notice...

Watch out for that “doxxing” post – what businesses need to know
Deacons, September 2021

On 29 September 2021, the Hong Kong Legislative Council passed a bill to reform the Personal Data (Privacy) Ordinance (Cap. 486) (PDPO) by introducing a two-tier offence to criminalise doxxing acts, conferring new enforcement powers on the Hong Kong Privacy Commissioner to prosecute doxxing offences and issue cessation notices with extra-territorial effect to demand the removal of doxxing contents by both Hong Kong persons and non-Hong Kong service providers...

A review of data protection legislation in the Caribbean
Morgan & Morgan, September 2021

In 2019 at the World Economic Forum, Antonio Neri, CEO of Hewlett Packard said “Data is the new currency”. This analogy has become very popular because data is now considered one of the most valuablecommodities. In the European Union (EU), data protection is a fundamental right, and the General Data Protection Regulation (GDPR) which came into force on May 25th, 2018, isthe framework for protecting that right...

California Privacy Protection Agency Seeks Comments on Preliminary CPRA Issues
Buchalter, September 2021

September 29, 2021 By: Jennifer Guerrero The California Privacy Rights Act of 2020 (“CPRA”) established a new state privacy regulatory agency, the California Privacy Protection Agency (“Agency”), which is responsible for issuing regulations implementing the CPRA (along with enforcement authority)...

Cambodia: New Prakas on VAT for E-Commerce
DFDL, September 2021

Key points From 8 September 2021 non-resident entities who provide digital goods/services or e-commerce activities to Cambodian consumers and who expect to have sales of USD15k or more before the end of the year, over three consecutive months, have 30 days to register for VAT with the General Department of Taxation (GDT) in Cambodia. From 2022 onward the same non-resident entities, as described above, that expect to have sales of USD62...

Working with A.I.
Shoosmiths LLP, September 2021

On 23 September 2021 we hosted our latest IHL webinar on working with AI: the key types, implementing AI and what the future might bring. Ian Blackwell represented Next Retail Ltd on the panel, alongside Simon McArdle and Sebastian Price, Commercial Partners at Shoosmiths. The background: Artificial intelligence (AI) is here now, and its power is taking off. Put simply, AI is a gamechanger...

Opinion of advocate general Hogan on copyright levies for cloud services: National legislator's Leeway confirmed
DORDA, September 2021

In principle, the author of a work protected by copyright has an exclusive right to reproduce or copy it. In Austria, however, anyone has the right to make copies of such works for private use. Originally, the legislator had scenarios in mind where people recorded music from the radio with their stereo system and a blank tape cassette, or recorded films via a video recorder. Collecting societies collect a levy as compensation for this private copying right...

Electronic Commerce Regulation is published in Chile
Carey, September 2021

On September 23, 2021, the Ministry of Economy, Development and Tourism published in the Official Gazette the Electronic Commerce Regulation ("Regulation"). It will become effective on March 24, 2022, according to its transitory article. This Regulation, complying with the provisions of Article 30 and Article 62 of Law No...

UK Supreme Court rules on correct approach to interpreting liquidated damages clauses
Deacons, September 2021

In Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29, the principal issue before the Court was the approach to be adopted when interpreting a liquidated damages clause in a contract i.e. a clause providing for a pre-determined sum agreed upon in the event of a specified breach by one of the parties...

[Infographic] Digital Assets in Thailand – Quick Guide
DFDL, September 2021

COVID-19 has thrust the world into recession and its rippling effects have given rise to rapid and accelerating changes. Many businesses have moved or expanded into online channels as we collectively begin to embrace and advance headlong into an increasingly digitalized society...

Latest Federal Court Cases, 09/20/21
Schwabe, Williamson & Wyatt, September 2021

Omega Patents, LLC, v. CalAmp Corp., Appeal Nos. 2020-1793, -1794, (Fed. Cir. Sept. 14, 2021) In its only precedential patent case this week, the Federal Circuit sent a case back for a third trial on the issue of damages. This appeal comes after the second jury trial, in which Omega accused CalAmp of infringing claims of four of its patents. In the prior appeal and the instant appeal, the Court affirmed on the underlying issues of infringement and validity...

Medicare Coverage of Innovative Technology Program for FDA Breakthrough Devices: from Delayed to Repealed
Dinsmore & Shohl LLP, September 2021

On Sept. 15, 2021, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule to repeal the Medicare Coverage of Innovative Technology (MCIT) and Definition of “Reasonable and Necessary” final rule, which was published on Jan. 14, 2021, and would be effective on Dec. 15, 2021.  In June 2021, we reported on CMS’ decision to delay the MCIT Program Final Rule (The Rule)...

Cambodia: Placement of Devices to Measure Volumes of Beer and Non-Alcoholic Beverages to Comply with New GDT Instruction
DFDL, September 2021

On 8 September 2021, the General Department of Taxation (“GDT”) issued Instruction No. 15024 on the obligation to install devices to measure the volume of beer and/or non-alcoholic beverages on the sites of local beverage producing enterprises...

Chilean Executive Presents “FinTech Law” Bill
Carey, September 2021

On September 3, the executive presented to Congress the anticipated draft of the "FinTech Law", the new regulation that proposes a legal framework applicable to FinTech companies in Chile (the "Bill"). Until now, FinTech companies in Chile have operated without their own or specially designed legal framework, which has generated a series of regulatory inconveniences that have impacted their business model and hindered the development of these technologies in Chile...



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