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El Salvador: The Adaptation of Intellectual Property to Artificial Intelligence
Consortium Legal - El Salvador, June 2019

A few years ago artificial intelligence was a concept applied to nothing else but science fiction films, nowadays, it has become a reality for many companies and industries in the development of their commercial, corporate and industrial activities. Before we start to understand the strengths or weaknesses of artificial intelligence and its perspective from the right of intellectual property, it is considered convenient to conceptualize it...

Fake Meat Good, Fake News Bad
TSMP Law Corporation, June 2019

For businesses who care about their brands, Pofma may be not be such a bad idea after all.Beyond Meat Inc. makes cows happy and cardiologists sad. Its Beyond Burger uses no meat and has no cholesterol, and contains less fat, fewer calories and more protein than a typical burger...

Happy Birthday GDPR – One Year On
Shepherd and Wedderburn LLP, May 2019

According to statistics released by the European Commission earlier in 2019, the term “GDPR” amassed more Google searches than either Beyoncé or Kim Kardashian during the month of May 2018. Now that “GDPR” has become a household term, what have we learntin the 12 months since the introduction of the GDPR? 1...

Canadian Trademark Law is Changing This Year – What You Need to Know Now
Dinsmore & Shohl LLP, May 2019

Trademark law in Canada is undergoing a major change this year that will go into effect on June 17, 2019.  We have compiled the three things you need to know and important steps you may want to take before the June 17, 2019 date passes.  1...

Regulation of Online Falsehoods: ‘Fake News’ – the UK, Singapore and Europe
Shepherd and Wedderburn LLP, May 2019

‘Fake news’ - information or news that is proven to be either verifiably false or misleading - has become a major, global concern. As news and opinion pieces are increasingly pushed to readers via online and social media channels, the speed of their dissemination has accelerated exponentially, as have the challenges around regulating news and opinion...

April 26: World Intellectual Property Day
Morgan & Morgan, April 2019

In the year 2000, the United Nations General Assembly designated April 26 as World Intellectual Property Day. The purpose of this is to highlight the role thatintellectual propertyrights play in encouraging innovation and creativity. Across the globe, and at the initiative of the World Intellectual Property Organization (WIPO), there is a campaign every year to attract public interest to issues related to Intellectual Property...

Health Data Confidentiality on a Rise in the UAE
Afridi & Angell, April 2019

Recent events, including the investigations into Facebook’s handling of its users’ personal data, have highlighted the realization that personal data is, in today’s world, one of the most valuable resources for any business and that businesses not only collect and store their customers’ personal data but also use and even sell it for profit...

Standardization of the Level of Administrative Fines under the GDPR?
Heuking Kühn Lüer Wojtek, April 2019

The administrative fines that have been imposed by the different European supervisory authorities since the GDPR took effect vary enormously. While the highest administrative fines imposed by the German authorities to date have been EUR 20,000 and EUR 80,000 and have therefore remained well below the possible maximum fine of EUR 20 million or 4 % of worldwide annual turnover, other countries’ supervisory authorities have already delivered higher fines...

OCR Publishes Recommendations to Prepare for Cybersecurity Threats
Dinsmore & Shohl LLP, April 2019

The Department of Health and Human Services Office of Civil Rights (OCR) Spring 2019 Cybersecurity Newsletter includes new recommendations regarding how HIPAA covered entities can prepare to defend against cybersecurity attacks such as advanced persistent threats (APTs) and zero-day vulnerabilities...

Consent for the Use of Cookies
Heuking Kühn Lüer Wojtek, April 2019

Even before the General Data Protection Regulation (GDPR) came into force, there were discussions as to whether the use of tracking cookies, which make it possible to analyze the usage and browsing behavior of a user on the Internet and use it for interest-based advertising, requires prior consent (opt-in) of the user or whether a dissent solution (opt-out) is sufficient. The German data protection authorities are of the opinion that users must give their consent...

Hitachi Zosen Inova AG Ltd v John Sisk + Son Ltd – The Same Disputes, But Different?
Shepherd and Wedderburn LLP, March 2019

In a recent decision by the Technology and Construction Court (TCC), Judge Stewart-Smith has clarified the position when determining whether two adjudications are “the same or substantially the same” when a party challenges jurisdiction under Para 9(2) of the Scheme for Construction Contracts. He stated that thedecisionreached in the first adjudication must be considered as well as the disputesreferredto adjudication in each...

Private Use of Company Email Accounts by Employees
Heuking Kühn Lüer Wojtek, March 2019

On 13 March 2019, the State Commissioner for Data Protection and Freedom of Information in Baden-Württemberg (LfDI BaWü) published the latest version of his guidebook on employee data protection. In this brochure, the LfDI BaWü offers an insight into his work and explains his opinion regarding the various points of view surrounding employee data protection...

Cloud Outsource Directive and Guidance Note Issued by the South African Reserve Bank
ENSafrica, March 2019

  Cloud computing and offshoring of data is no longer a taboo among banks. It is becoming a necessity and is the current definitive trend. However, the South African Reserve Bank (“SARB”) has issued a directive and guidance note detailing items banks must consider when electing to adopt cloud computing as a service or any offshoring of data...

Cybercrime Legislation on South Africa's Horizon: Is Your Organisation Ready?
ENSafrica, March 2019

The implementation of cybercrime legislation is a pressing issue given that South Africa has one of the highest numbers of cybercrime victims in the world. In addition, a number of unsuspecting individuals and organisations alike fell prey to the scourge of cyber scams which seemed to spike quite rapidly in the past year. The Cybercrime Bill was adopted by the Portfolio Committee for Justice and Correctional Services in November 2018 and sent to the National Assembly for debate...

Eavesdropping: The Privacy Myth
ENSafrica, March 2019

The pervasiveness of the Internet of Things has spawned a recent fear that the devices are listening to the conversations of their users. For instance, the My Friend Cayla doll talks to children and answers their questions by connecting to the internet and using a combination of voice recognition software and Google searches to provide these responses...

Expanding your Data Governance Policies to Accommodate Drone Data
ENSafrica, March 2019

  Gone are the days when a helicopter had to be hired to secure fantastic shots of a neighbourhood or local stadium in anticipation of a major public or private event. Drones have ushered in a new kind of photography and can be used in many instances and applications even in traditional industries like agriculture or last mile logistics. One of the primary functions of using drones is to capture, store and transmit data...

Peek-a-Boo, I See You: Privacy Concerns Around Digital Rights Management and Monitoring Tools
ENSafrica, March 2019

  Digital rights management (“DRM”) refers to the methods used by content owners to protect their digital content. A number of methods can be used to control and restrict access and usage of digital material. Popular DRM mechanisms include password protecting a digital file/content, as well as platform DRM, which is typically deployed by online streaming platforms and electronic databases to restrict access to content that users are required to pay for...

The Importance of Having a Social Media Manager
ENSafrica, March 2019

  It is no surprise that in this digital age, social media is more than a platform to connect with old school friends, share experiences or watch funny videos. Businesses have realised the value in leveraging social media platforms so as to directly connect with and market themselves and their businesses to existing and potential customers. Social media platforms allow businesses to increase their brand awareness and entrench themselves with their clients and secure their loyalty...

All Stop: Ruling on the Applicability of Exclusion to BIPA Claims Delayed
Dykema, March 2019

The fallout from the Illinois Supreme Court’s January 25, 2019, opinion in Rosenbach v. Six Flags Entertainment Corp., 19 IL 12316, continues.Rosenbach settled the dispute of who qualifies as an “aggrieved person” under the Illinois Biometric Information Privacy Act (“BIPA”), and in doing so opened the floodgates for this litigation to proliferate...

Biometrics and Search Warrants: The Intersection of Your iPhone and the Fourth and Fifth Amendments
Dykema, March 2019

On January 19, 2019, federal Magistrate Judge Kandis Westmore of the Northern District of California denied the Government’s application for a search warrant that sought: “all digital devices” present at a California residence; (Order at 3), and “any individual present at the time of the search to press a finger (including thumb) or utilize other biometric features…for the purposes of unlocking the digital devices found in order to permit a search of

Big Data Bad Brother
TSMP Law Corporation, March 2019

Corporations and governments are ferreting out and squirreling away voluminous, detailed and private information about each and every one of us – and they are not afraid to use it. Should we be worried? Singapore’s Health Minister recently revealed that confidential details of 14,200 HIV-positive people, stolen from a government public health database, had been leaked online by a disgruntled US citizen who had been in a romantic relationship with a local doctor...

Ohio Enacts New Cybersecurity Requirements for Insurers
Dinsmore & Shohl LLP, February 2019

Senate Bill 273 goes into effect on March 20, 2019, and creates new requirements for Ohio insurance companies, including health insurance plans, to develop and implement specific information security programs to safeguard nonpublic business and personal information. Senate Bill 273 is based upon the National Association of Insurance Commissioners’ Insurance Data Security Model Law (also referred to as "MDL-668")...

JP Morgan Goes Crypto, Argo Blockchain Exits
World Services Group, February 2019

When a scion of the investment banking world gets into crypto it is probably worth taking notice. JP Morgan Chase, America's largest bank, has just grabbed everyone's attention with the launch of its very own cryptocurrency, the JPM Coin. JP Morgan intends the internally developed crypto asset to be used in its wholesale payment system, which currently sees daily volumes in the region of $6 trillion...

Regulation of Cryptoassets: Stifling Innovation or a Catalyst for Growth?
Shepherd and Wedderburn LLP, February 2019

The Financial Conduct Authority (FCA) recently launched a consultation on its proposed guidance on cryptoassets (CP19/3) which can be read in fullhere. The move comes as part of the UK Cryptoasset Taskforce's wider look into the regulation of the cryptoasset market. The consultation follows a report published in October 2018 by the Taskforce, which consists of the Bank of England, HM Treasury and the FCA. Our discussion of that report can be readhere...

Facebook - Bundeskartellamt [German Federal Cartel Office] Prohibits the Processing of User Data from Third Party Sources
Heuking Kühn Lüer Wojtek, February 2019

In its decision from February 7, 2019, the Bundeskartellamt prohibited Facebook from the further processing of user data which it has generated from so-called third party sources. In order to make use of these personal data in future, Facebook will need the consent of the data subject as defined by the General Data Protection Regulation (GDPR). It remains to be seen whether this will be granted by the majority of users. 1...



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