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Territorial Limitation of Data Protection Law and the “Right to be Forgotten” in Hong Kong - A Landmark Decision by the Administrative Appeals Board
Deacons, February 2021

The “right to be forgotten” (“RTBF”) has been central to the global debate over the balance between individual privacy and freedom of information and of the media in recent years. Such right has been affirmed by the European Court of Justice in a milestone case in 2014, as well as later in the UK, although its application in other countries remains uncertain...

Coronavirus: Restrictions on Exports of Vaccines against COVID-19
PLMJ, February 2021

Brief notes on Commission Regulation 2021/111 of 29 January 2021 Following the differences that came to light with AstraZeneca at the end of last week, the European Commission approved Implementing Regulation (EU) 2021/111 of 29 January 2021, which came into force on Saturday, 30 January. The Regulation prohibits the unauthorised exportation of vaccines against SARS-CoV-2 outside the European Union...

FTC Reduces Notice Thresholds Under the Hart-Scott-Rodino Act for 2021, Increases Penalties, and Temporarily Suspends Expedited Review
Schwabe, Williamson & Wyatt, February 2021

On February 1, 2021, the Federal Trade Commission (FTC) announced its revised annual threshold that determines whether companies may be required to notify federal antitrust authorities about a proposed merger or acquisition due to the size and value of the transaction. For the first time since 2010 and a reflection of the state of the economy, the annual threshold has been reduced rather than raised, from $94 million in 2020 to $92 million for 2021...

Why Indemnification Provisions Are Too Important to Leave to the Lawyers
Dinsmore & Shohl LLP, February 2021

The Oil Can published an article by Dinsmore partner Mark Boos this week in its Spring 2021 edition about the importance of indemnification provisions are essential in commercial contracts, an excerpt of which is below. Indemnification provisions are part of virtually every commercial contract. Ironically, they’re also among the contract elements most likely to be overlooked by the parties...

Significant Buy American Amendments are Here
Bradley Arant Boult Cummings LLP, February 2021

Aron Beezley of Bradley Arant Boult Cummings LLP enumerates the key impacts of the Federal Acquisition Regulation Council's final rule adopting mandates of the executive order Maximizing Use of American-Made Goods, Products, and Materials. The Federal Acquisition Regulation (FAR) Council recently issued a final rule1 that implements the requirements of the Maximizing Use of American-Made Goods, Products, and Materials Executive Order...

Consultation Announced on Changes to the Electronic Communications Code
Shoosmiths LLP, February 2021

The Electronic Communications Code was subject to a wholesale re-write in 2017, with the intention of facilitating the faster roll-out of the UK’s digital communications infrastructure. Three years on, the government has commenced a consultation on proposals to revise aspects of the Code to ensure it is fit for purpose...

Beneficial Owners Registry: Important Updates Requiring Consideration
Chrysostomides Advocates and Legal Consultants, February 2021

Pursuant to the Prevention and Suppression of Money Laundering Activities Law (the “AML Law”), which transposes into national legislation the 4thEU AML Directive ((EU) 2015/849), companies and other legal entities must maintain and register, in a central public register to be created for this purpose, information on their beneficial owners...

Update on the Legal Situation for Data Transfer to Third Countries (the US and China in Particular)
Heuking Kühn Lüer Wojtek, February 2021

When it comes to the general transfer of data to third countries, even, for example, intra-group data transfers, recourse to US providers such as Microsoft (Office 365), Amazon (AWS), Google or Salesforce has been ill-fated since the ECJ ruling of July 16, 2020 (C-311/18 “Schrems II”)...

Interagency Fraud Enforcement Action Highlights Telepharmacy Compliance Risks
Dinsmore & Shohl LLP, February 2021

In a recent press release, the U.S. Department of Health and Human Services Office of Inspector General (HHS/OIG) announced five additional guilty pleas relating to a $1 billion telepharmacy fraud scheme. However, unlike many health care fraud cases, this particular case was investigated over the course of three years by an interagency team comprised of personnel from HHS/OIG, the U.S. Department of Justice (DOJ), the U.S. Food and Drug Administration (FDA), the U.S...

New National Labour Council CLA Sets Framework for Covid-Telework
ALTIUS/Tiberghien, February 2021

Traditionally, Belgian labour law distinguishes between two forms of telework, namely structural telework, regulated by the Collective Labour Agreement n° 85, and occasional telework, regulated by the Act on Workable and Agile Work. Since the start of the Covid-19 pandemic, a third category has been added, namely 'Covid telework', which was, at a certain point, recommended but has now been made compulsory again by the government...

Portuguese Competition Authority – Overview 2020
PLMJ, February 2021

Some facts and figures that set out the landscape of merger control, antitrust enforcement and competition litigation in Portugal in 2020. Interim Measures The PCA ordered the Portuguese Professional Football League to suspend its decision preventing teams in the First and Second Football Leagues from signing players that have unilaterally terminated their contracts due to the COVID-19 pandemic...

Artificial Intelligence Soon to be Regulated in Canada?
Lavery Lawyers, January 2021

For the time being, there are no specific laws governing the use of artificial intelligence in Canada. Certainly, the laws on the use of personal information and those that prohibit discrimination still apply, no matter if the technologies involved are so-called artificial intelligence technologies or conventional ones...

Alabama on the Brink of Adopting Medical Cannabis
Bradley Arant Boult Cummings LLP, January 2021

When Alabama’s Legislature convenes for its annual session on February 2, lawmakers will once again be asked to consider a bill that would provide certain Alabamians with access to medical cannabis...

Newsletter: The Latest Russian Legislative Intiatives in the TMT Sector
ALRUD Law Firm, January 2021

In recent years, Russia has focused on regulating its IT area. In particular, this has been needed due to the increasing number of cases, when prohibited information has been distributed on various large Internet resources, such as a social network. However, according to Russian government agencies, despite the risks of possible sanctions, many foreign companies still do not respond quickly enough to government requests, or ignore the demands to remove prohibited information...

News – Banking and Finance and Capital Markets 3rd Quarter of 2020
PLMJ, January 2021

Banco de Portugal Communication on the Retail Banking Markets Monitoring Report of 2019. Banco de Portugal Communication on the deadline for restoration of capital and liquidity reserves...

Angola: New Public Procurement Law
PLMJ, January 2021

A new Angolan Public Procurement Law (“PPL”) has been approved recently. Law 41/20 of 23 December revokes Law 9/16 of 16 June and will enter into force on 22 January 2021. The new law will apply to all public procurement procedures beginning after that date and to the performance of subsequent contracts...

Privacy in 2021: Developments You Should Watch Out For
Lawson Lundell LLP, January 2021

All indications are that the evolution of privacy laws and their impact will continue to evolve, perhaps even at a greater pace, in 2021. In celebrating Privacy Day, January 28, 2021, we would like to share four things businesses should be keeping their eyes on, and planning for, in 2021. 1. Significant changes to privacy legislation in Canada. Canadian federal and provincial governments have tabled and proposed sweeping changes to privacy laws in Canada...

Intellectual Property Update and Year in Review
Dykema, January 2021

CONGRESS PASSES TRADEMARK MODERNIZATION ACT LEGISLATION In December 2020, the U.S. Congress took action that will have a significant effect on brand holders. At the end of the year, Congress passed the Trademark Modernization Act (“TMA”) that, inter alia, provides additional tools to the USPTO to respond to the rise in improper behavior in trademark filings including filing fraudulent claims of use...

PPP Loans REDUX
Dykema, January 2021

On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (the “Economic Aid Act”) was enacted which, among other things, reauthorized lending under the Paycheck Protection Program (“PPP”) to first-time borrowers (“First Draw PPP Loans”) and for second draws by certain borrowers who have previously received PPP loans (“Second Draw PPP Loans”)...

Bankruptcy Moratorium Expiration: The Supreme Court of the Russian Federation Clarifies a Number of Key Issues
ALRUD Law Firm, January 2021

On January 7th 2021, the bankruptcy moratorium, which had been in effect since April last year, expired. The main conditions of the bankruptcy moratorium were described earlier in details: in newsletters “Moratorium on bankruptcy proceedings”and 'Russian bankruptcy moratorium extended until January, 2021”...

Partnering-Up: Structuring a Successful Bank Partnership Lending Model with FinTechs
Bradley Arant Boult Cummings LLP, January 2021

Over the last several years, banks of all sizes have successfully partnered with emerging fintech companies to offer innovative loan products to a broader range of customers. Under a typical form of this partnership, a fintech, which is subject to the policies of the partner bank, will market loan products, take and process loan applications, and will service those loans once they are funded...

Intellectual Property, Certainty and The New How: IP Fixed
Shoosmiths LLP, January 2021

David Hume, the 18th century Scottish philosopher, argued that we cannot be certain the sun will rise tomorrow.  Over the past nine-months David Hume has never seemed more right. It has been a tough period, professionally and personally for people from all walks of life, and for businesses from nearly every sector. But, while there has been adversity, there have been many rays of sunlight and causes for optimism...

UK Mid-Market Finance: Our Predictions for 2021
Shoosmiths LLP, January 2021

This article looks at trends, including the response to COVID-19, which we expect to impact the mid-market in 2021. Last year we gave COVID-19 a quick mention in our ‘look at the year ahead’. Nobody foresaw the impact it would have. As the market enters a new year, there remains the uncertainty that we’ve grown familiar with...

Data Centres - Our Unsung Heroes
Shoosmiths LLP, January 2021

This article forms part of our ‘New How: Perspectives’ report: ‘Can real estate help solve the productivity puzzle?. To access this free report, please click on the download link to the right of this page.   The Covid pandemic has clearly had a significant impact on our society, the economy and everyday life, with numerous sectors having found life in lockdown incredibly challenging...

Roundtable Discussion of State Address Confidentiality Programs Webinar Recording
Bradley Arant Boult Cummings LLP, January 2021

Safe at Home Address Confidentiality Programs (ACPs) have been adopted in many states to protect domestic violence victims’ addresses and other personal information from collection and disclosure. Financial services institutions are taking strides to protect the data of participants in ACPs, but the financial services industry also faces some of the most complex issues with ACP compliance...

 

 

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