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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...

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...

Tech Disputes: Exclusions and Limitations of Liability
Shoosmiths LLP, September 2021

Exclusion and limitation clauses are central to any IT or technology contract. When a dispute arises exclusions and limitations of liability are invariably key to determining whether there is liability and the extent of it. When a dispute arises exclusions and limitations of liability are very often key to determining whether there is liability, and the extent of it...

Telepharmacy: The Future of Digital Healthcare
Kudun and Partners, August 2021

During the COVID-19 pandemic, when hospitals have increasingly experienced a shortage of beds and medical staff to take care of patients, telepharmacy has emerged as one of the most effective ways to reduce the number of people visiting not only the hospitals themselves but also pharmacies and health clinics. Telepharmacy is the provision of pharmaceutical care to patients remotely by registered pharmacists and pharmacies using telecommunications...

Navigating the Fintech Revolution in Thailand
DFDL, August 2021

‘Navigating the Fintech Revolution in Thailand’ is the indispensable must-read guide for fintech experts who want to stay up-to-date on all current and future fintech developments and successfully navigate the sector’s many challenges and pitfalls! In this edition, DFDL reports on the current state of fintech in Thailand from a legislative and policy perspective with an overview of the current and future fintech landscape...

$784M Fraud Charge Against Telemedicine Company Highlights Importance of Evaluating Telehealth Arrangements
Dinsmore & Shohl LLP, August 2021

Telemedicine and telehealth are newer and ever-expanding components of health care.[1] There are many viable arrangements for companies who wish to engage in telemedicine and/or telehealth and these arrangements can offer many benefits to the patients they serve.  However, companies and licensed individuals who provide services should be careful to understand the state and federal regulatory framework under which they operate...

Cryptocurrency – The Future of Banking?
Shoosmiths LLP, August 2021

In our previous article (Cryptocurrency – The Future of Money), we provided an overview of the key ideas behind cryptocurrency. In this article, we look at how cryptocurrency and digital currency might impact the corporate banking and finance market...

Mamo TCV Newsletter - July 2021
Mamo TCV Advocates, August 2021

Banking & Finance The Central Bank of Malta Issues Directive 19 on the Use of Cheques and Bank Drafts Directive No 19 ‘on the Use of Cheques and Bank Drafts’ was issued by the Central Bank of Malta on 7th July 2021 with the aim of promoting safe and effective use of cheques and bank drafts drawn on Maltese banks and financial institutions...

From Coders to Brokers: New Proposed 1099-B Reporting for Crypto Miners and Software Developers
Hanson Bridgett LLP, August 2021

Key PointsThe Infrastructure Investment and Jobs Act (H.R. 3684) passed the Senate with a broad definition of "broker" to target cryptocurrency information reporting to the IRS.Absent amendment, the bill imposes obligations similar to IRS Form 1099-B on various technology providers in the crypto industry, even if they do not broker digital asset transactions and lack the necessary information to comply...

The Three Laws of Legal Robotics
Shoosmiths LLP, August 2021

In the 1940s writer and futurologist Isaac Asimov laid down his Three Laws of Robotics. We say it’s time for lawyers to do the same. A flourishing future is ours for the taking, provided we know how to grasp it. At Shoosmiths, we’ve been working on future-facing projects for a good few years now...

Patents: Inventors can be Inhuman
ENSafrica, August 2021

“We are both created and create. Why cannot our own creations also create?” What a week First we heard that a South African patent for an invention that lists artificial intelligence (“AI”) as its inventor had been issued, a world first. Then we heard that an Australian court had handed down a judgment allowing AI to be listed as the inventor of a corresponding patent in Australia...

Federal Court of Justice on the Scope of the Right to Access Pursuant to Article 15(1) GDPR
Heuking Kühn Lüer Wojtek, August 2021

Background In its ruling of June 15, 2021 (Case No. VI ZR 576/19), the German Federal Court of Justice (BGH) for the first time took a comprehensive position on the scope of the right to access pursuant to Article 15(1) GDPR. Article 15 GDPR standardizes the right of access of a data subject vis-à-vis a controller...

Data Breach Litigation: A Tap on the Brakes or the End of the Road for Claimant Firms?
Shoosmiths LLP, August 2021

The recent Warren v DSG decision may significantly limit the recent wave of data breach litigation by claimant firms. The High Court summarily dismissed claims for breach of confidence, misuse of private information and negligence. Introduction Last week, the High Court handed down judgment in Darren Lee Warren v DSG Retail Limited [2021] EWHC 2168 (QB), a decision that may significantly limit the recent wave of data breach litigation by claimant firms...

Who is Liable for Infringing Copyright? The YouTube Case
ENSafrica, August 2021

The liability of online platforms relating to infringing IP material that appears on their platforms is an interesting topic. Who is liable for infringing material that appears on online platforms, the person who posts the material or the online platform? This was recently considered by the Court of Justice of the European Union (“CJEU”) in two separate cases. Some preliminary points Copyright news in South Africa these days is scant...

OP-ED: Evolving Privacy Laws Present Challenges for Smart Buildings
Schwabe, Williamson & Wyatt, August 2021

Smart buildings offer individuals, businesses and even cities better and more efficient ambient experiences. However, the connected technologies that make buildings “smart” tend to require processing massive amounts of data inputs, often including personal information...

Why Trust is the Key to Success in Legaltech
Shoosmiths LLP, August 2021

The SRA recently published its Technology and Innovation in Legal Services report. One key feature was improving user trust in legal technology. It's much more important that you'd think. ‘Hello! And thank you for reading this far. Unfortunately, all of our authors are busy at the moment. Your custom is very important to us. Please wait as we transfer you to the next paragraph. Thank you. As clearly as possible, please tell us why you are reading this article. Sorry...

Buchalter TCPA Digest: More ATDS Cases Slip Past Pleading Stage, Plaintiffs Keep Trying to Leverage Facebook’s FN7, and Florida Enacts Not-so-“Mini” TCPA
Buchalter, July 2021

  The TCPA and other related regulations over telemarketing and “robocalling” continue to evolve at a quick pace, creating uncertainty and posing challenges for any business that contacts consumers through calling or texting. This past month has seen more important developments in the wake of the Supreme Court opinion in Facebook v. Duguid, which gave us a narrow interpretation of the statutory ATDS definition...

Charities and Data Protection: Brexit, The New EU SCCs and Guidance, What Do We Do Now?
Shoosmiths LLP, July 2021

The data protection landscape has seen significant change and more is expected. What does that mean for charities specifically? On our 8 July, 2021 webinar Shoosmiths’ Partner, Sarah Tedstone, identified areas with significant change already and where action will be needed in the next few weeks and months to stay compliant...

Cross-State Review of Websites and Use of Cookies by German Supervisory Authorities
Heuking Kühn Lüer Wojtek, July 2021

In the summer/autumn of 2020, the supervisory authorities of several German states examined the websites of various media companies, particularly with a view to the use of cookies and the tracking of users for advertising purposes...

AML/CFT Supervisors Release Updated Guideline for the Amended Identity Verification Code of Practice 2013
MinterEllisonRuddWatts, July 2021

On 16 July 2021, the Financial Markets Authority, the Department of Internal Affairs, and the Reserve Bank of New Zealand (Supervisors), released the updatedExplanatory Note: Electronic Identity Verification Guideline(Guideline) on the Amended Identity Verification Code of Practice 2013 (AIVCOP). The Guideline replaces the previousIdentity Verification Code of Practice – Explanatory Noteissued in December 2017 (Previous Explanatory Note)...

Data Export Compliance under China’s Data Security Law
Deacons, July 2021

On 10 June 2021, the Data Security Law (DSL), which will become effective as of 1 September 2021, was adopted in China. The enactment of the DSL marks the introduction of China’s first fundamental law in the field of data security, which, together with the Cybersecurity Law and the upcoming Personal Information Protection Law, will lay a legal foundation for safeguarding national data security, promoting data utilisation and mitigating the risks of data processing activities...

China’s New Guidelines – Good News for Software Patents
Deacons, July 2021

Did you know? The Chinese National Intellectual Property Administration (CNIPA) recently revised the Examination Guidelines for software patents including artificial intelligence (AI), big data and blockchain. Why does this matter to you? These new Examination Guidelines provide much needed clarity as to the boundaries of patentable subject matter in China...

New TMT legislation in Russia
ALRUD Law Firm, July 2021

We would like to inform you of several draft laws in the TMT area, that were adopted by the Russian Parliament, and finally signed by the President. We have prepared a short description for you below...

The Formula for Success: EQ = IQ
Shoosmiths LLP, July 2021

Our recent interview in The Lawyer sets out why the future of lawyering is all about tech and EQ. Its our recipe to thrive. We’ve been thinking about emotional intelligence, or EQ, a lot recently. After all, lawyering is a people business. It requires not only a high IQ—that’s a given—but also a highly-developed EQ...

Does Your Company Need a DPO and Who to Appoint?
Kudun and Partners, July 2021

In many aspects, the Personal Data Protection Act B.E. 2562 (2019) (the “PDPA”) has posed considerable challenges to organizations. One of the biggest concerns and the most frequently asked questions center around the concept of data protection officer (“DPO”). Though the obligations regarding the appointment of a DPO apply to both data controllers and data processors, it is important to note that not every organization needs a DPO...

 

 

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