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On 22 September, the Presidency released its amended version of the much debated ECC. The new text revealed once again that regulatory holidays and deregulation in telecoms markets are back in vogue. That text suggested that those who argue for regulatory holidays as the driver of investment in telecoms markets had won the favour of one key branch of Brussel’s policy makers ...

Haynes and Boone, LLP | October 2017

  The technology that forms the foundation for digital currencies like Bitcoin could be the technology that provides unprecedented security for and access to medical records. The Blockchain For years, online communities sought increased freedom and autonomy by shielding their economic activities from the government and corporate intermediaries ...

Hanson Bridgett LLP | October 2017

If your estate plan was put in place more than 3 years ago, the plan is likely designed to save estate taxes at the sacrifice of income tax benefits. Estate tax is no longer a concern for married couples owning less than $11 million of assets. We recommend reviewing your estate plan to confirm that it has the flexibility to adapt to tax law changes and to secure income tax benefits ...

ENSafrica | October 2017

On 8 August 2017, the South African Financial Services Board (“FSB”) released for comment the second draft of the Board Notice entitled “Margin Requirements for OTC Derivative Transactions” (the “Second Draft Board Notice”) ...

Hunton Andrews Kurth LLP | October 2017

 The autonomous vehicle industry is pressing forward, full speed ahead. The conveniences and efficiencies created by shifting to self-driving vehicles are expected to drive vast economic growth and generate widespread consumer demand. Given the potential benefits, it is no wonder that autonomous technologies are now being embraced by a variety of market players— ranging from small start-up tech companies to perennial automotive giants ...

Haynes and Boone, LLP | October 2017

ILPA’s Paper Earlier this year the International Limited Partner's Association (ILPA) published its paper "Subscription Lines of Credit and Alignment of Interests: Considerations and Best Practices for Limited and General Partners." Since then there''s been a lack of on the record industry commentary from general partners (GPs) on this paper, but it has not gone unnoticed and has triggered much discussion behind closed doors ...

ENSafrica | October 2017

  On 25 May 2018, a new set of privacy rules formed by the European Union (“EU”) will take effect. The General Data Protection Regulation (“GDPR”) seeks to replace the Data Protection Directive 95/46/EC. Organisations – including many African ones – will need to make changes to their oversight, technology, processes, and human resources to comply with the GDPR ...

Afridi & Angell | October 2017

The UAE has issued substantive law on Value Added Tax (VAT) and Excise Tax. Federal decree law No.8 of 2017 deals with VAT. The imposition of VAT will commence in the UAE from 1 January 2018 at a rate of 5%. The VAT law provides a framework for implementation of VAT in the UAE ...

ENSafrica | September 2017

Many of us are aware of the popular myth that ostriches believe burying their heads in the sand will make them invisible to predators. In other words, an “if I can’t see you, you can’t see me” approach. Even though scientists will tell you that this is not true, the approach seems to bear a resemblance to the online behaviour of some humans ...

ENSafrica | September 2017

he office of the South African Information Regulator recently published its first draft regulations in terms of the Protection of Personal Information Act, 2013 (“POPI”), entitled “Regulations relating to the Protection of Personal Information, 2017”. The draft regulations are open for public comment until 7 November 2017 ...

Wardynski & Partners | September 2017

Any new technology that gains universal application changes the existing world. The reconfiguration occurs imperceptibly but thoroughly. But in this new reality, how should the rule of law, values essential to the civil society and human rights be protected? A new economic reality functioning in cyberspace has arisen before our very eyes. Human activity, both positive and negative, is moving to the virtual arena that functions above and beyond state borders ...

ENSafrica | September 2017

The final Default Regulations, issued in terms of section 36 of the Pension Funds Act, were recently issued by the South African Minister of Finance. They aim to provide retirement funds with greater discretion and flexibility in relation to their default investment portfolios and annuity strategies. To comply with the regulations, many funds will need to amend their rules and investment policy statement ...

Simonsen Vogt Wiig AS | September 2017

The European Court of Justice makes important clarifications relevant for dominant firms'' pricing and rebate policies in its recent Intel-judgment Introduction In recent months, the European Court of Justice (''ECJ'') delivered its long awaited judgment in the Intel appeal case. The judgment sets aside the ruling by the General Court and refers the matter back to that court ...

Waller | August 2017

The financial exploitation of elders is a hot topic in state legislatures, with the federal government, and in the media. In the first few months of 2017 alone, media reports from Gadsden, Fairhope and Dothan chronicle four cases of financial exploitation, with losses in each case ranging from $20,000 to $100,000 over short periods of time. The perpetrator in each case was a family member of the victim ...

Dinsmore & Shohl LLP | August 2017

The D.C. Circuit recently rejected a qui tam relator’s attempt to dodge the FCA’s first-to-file bar by amending his complaint. United States ex rel. Shea v. Cellco P’ship, 863 F.3d 923 (D.C. Cir. 2017).  The panel’s correct interpretation of the first-to-file bar stymies relators’ ability to keep copycat FCA suits in court. The relator, a telecommunications industry consultant, filed a qui tam suit against Verizon Communications, Inc. in 2007 ...

Plesner | August 2017

 In Denmark, SKAT charges VAT on radio and TV licence fees. Households pay a licence fee to the Danish Broadcasting Corporation (DR), which then pays the VAT amount to SKAT. The VAT amount makes up 20 per cent of the total licence fee.Last year, the Court of Justice of the European Union held that it was unlawful to charge VAT on licence fees in a case concerning Czech radio licence fees ...

ENSafrica | August 2017

Today, 7 August 2017, the Independent Communications Authority of South Africa (“ICASA”) published a notice stating its intention to amend the End-user and Subscriber Service Charter Regulations.Of particular interest is the insertion of Regulation 8B, which introduces “out-of-bundle billing practices” and the “expiry of data practices”. The regulations intend to govern the validity period and roll-over of data ...

Hanson Bridgett LLP | August 2017

California defamation law continues to evolve as the courts synthesize well-settled legal principles with ever-changing technological realities. On July 21, 2017, California’s First District Court of Appeal issued a published opinion in ZL Technologies v. Does 1-7 (July 21, 2017) 2017 DJ DAR 6999 ...

Wardynski & Partners | August 2017

According to the advocate general’s opinions in C-434/15 Elite Taxi and C-320/16 Uber France, Uber does not provide information society services, but local transport services which may be regulated by EU member states. It has been more than ayear since we signalled that the Court of Justice of the European Union would need to resolve the legal classification of the services provided by Uber ...

ALRUD Law Firm | August 2017

The adoption of the Federal Law No 156-FZ “On Amendments to the Federal Law "On Information, Information Technologies and Information Protection” entered into force October 1, 2017 (hereinafter the “Federal Law”). 1 ...

ALRUD Law Firm | July 2017

We would like to inform you of the recent developments of Russian cybersecurity legislation. The draft law “On Security of Critical Information Infrastructure” has passed the third (final) reading at the Lower Chamber of the Russian Parliament and has been sent to the Upper Chamber for final approval. Afterwards Russian President will likely sign the document ...

Hanson Bridgett LLP | July 2017

On January 1, 2019, local agencies will be required to comply with new requirements for posting agendas on their websites (AB 2257). The California Brown Act requires that any local agency must post an agenda 72 hours in advance of a regular meeting. If an agency has a website, then the agency is required to post the agenda on their website ...

Waller | July 2017

Traditionally, investment decisions have focused primarily on increasing economic value. Over the past few decades, however, an investment philosophy focused on creating non-economic value by advancing social or charitable causes has become increasingly commonplace. This investment philosophy, traditionally referred to as socially responsible investing, has historically been assumed to involve the sacrifice of economic gains in furtherance of non-economic objectives ...

Shoosmiths LLP | July 2017

  The Digital Economy Act 2017 introduces a new electronic communications code, intended to facilitate widespread connectivity and address some of the critical issues that currently beset the telecoms industry. The current electronic communications code was issued in 1984 and it was designed to facilitate the installation and maintenance of fixed line communications networks ...

ENSafrica | July 2017

Recent proposed amendments to the rules of Strate, South Africa’s central securities depository (the “Strate Rules”) will effect a significant change to how uncertificated securities are pledged, but will not solve all of the problems that market participants hoped would be addressed ...

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