A Data Protection Impact Assessment (“DPIA”) is a process which helps employers to identify, analyse and minimise the data protection risks of a project. But when should employers be using a DPIA and what makes a DPIA effective? When should employers be using a DPIA? The Data Protection Act 2018 (the Act) states that a DPIA must be implemented before any processing is undertaken which is “likely to result in a high risk” to individuals ...
The liability of online platforms for the activities of third-party vendors has always been a controversial area. With the explosion of online shopping as a result of the pandemic, the issue has come under increased scrutiny. Although cases in the UK and EU have discussed the factors that the Court will consider in deciding whether the operator of an online platform is jointly liable, the position in Hong Kong remained uncertain, until now ...
The National Information Technology Development Agency (NITDA) had set a revised deadline (June 30 2021) for filing of data protection audit by data controllers. With the deadline fast approaching, we share somefrequently asked questions (FAQ) on Data Protection in our publication, accessiblehere,which may aid in undersanding what companies need to do in order to comply with NITDA’s directives ...
Today personal data travels instantly, and it is easy to forget the journey and the risks, but access to certain countries can be restricted without the proper paperwork, including the new SCCs. Is your personal data fit to travel? The new SCCs passport The main safeguard used to send personal data internationally, the Standard Contract Clauses (SCCs) have just been updated on 4 June 2021. Work will be needed to renew your personal data contract passport for it to travel ...
On May 14, 2021, the Centers for Medicare and Medicaid Services (CMS) issued a new final rule that will further delay the effective date of the Medicare Coverage of Innovative Technology (MCIT) and Definition of Reasonable and Necessary Final Rule (the Final Rule) until no earlier than Dec. 15, 2021 ...
The rapid spread of Covid-19 has placed the healthcare system in Thailand under severe pressure. Following the outbreak of the pandemic, new startups focusing on telemedicine have sprung up to take on the challenge of innovating the way healthcare services can be provided to patients ...
Some opening words In South Africa, as in many jurisdictions, the concept of good faith (bona fides) crops up a lot. So, for example, in order to get registration of a trade mark, the applicant must have a good faith intention to use the trade mark. Once the trade mark is registered the owner must use it in good faith in order to keep the registration alive. In the words of George Michael, “You gotta have faith". Good faith ...
We tend to keep an eye on trade mark developments in Europe. It makes sense because South African trade mark law is very similar to EU trade mark law and there’s far more activity in the EU. South African courts do, of course, often consider EU trade mark judgments. Here are a few recent cases: Rounded curves, thicker lines and a horizontal orientation…was the judge’s mind wandering a little? This was an interesting one ...
JOINT PRAKAS 315 AND 316 ISSUED BY THE MINISTRY OF COMMERCE AND THE MINISTRY OF ECONOMY AND FINANCE, dated 12 May 2021 The Ministry of Commerce (“MOC”) issued a new announcement (“Announcement”) on the Granting of E-Commerce Permits and Licenses on 26 May 2021. Eligible applicants may now apply for e-commerce permits or licenses with immediate effect from the MOC through an online portal – www.ecommercelicensing.moc.gov ...
On 9thDecember 2020, the Central Bank of Nigeria (CBN) the Central Bank of Nigeria (CBN) issued a circular on “New License Categorisations for the Nigerian Payments System” (NPS Circular). The NPS Circular set out the different licences, their permissible activities and the share capital requirements. You may access our earlier article on the NPS Circularhere ...
On 25 May 2021, the Central Bank of Nigeria (“CBN”) issued a circular to deposit money banks, payment service providers and other financial institutions notifying them of the release of the Regulatory Framework for Non-Bank Acquiring in Nigeria (“the Framework”). In this article, our Olubusola Oyeyosola Diya examines the provisions of the Framework and considers its impact on financial service providers ...
Saravut Krailadsiri, our tax partner and Pichaya Nimcharoen, our tax associate recently published a journal for Thailand’s Office of Judicial and Legal Affairs of the Court of Justice, Thailand as part of “Dunlaphaha: Journal of the Court of Justice ...
On 4 June, the European Commission adopted new standard contractual clauses («SCC»), which replaces previous standard clauses for the transfer of personal data to countries outside the EEA (third countries). In addition, the Commission has for the first time adopted a standard data processor agreement governing the data processor’s processing of personal data on behalf of the data controller ...
Fast becoming the Monaco of the East, Singapore is luring global UHNWIs to set up family offices here due to its wealth-friendly tax and regulatory regime, and its position at the global economic growth epicentre. Sergey Brin (net worth: US$104 billion). Google’s co-founder and the world’s ninth-richest person set up a branch of his single family office (SFO), Bayshore Global Management, in Singapore to manage his local assets late last year ...
New SCCs are hot off the (virtual) press. Now's the time to plan, implement the changes in them and, most importantly of course, keep your data flowing. Who hasn’t during a power cut, out of habit, entered a room and tried to flick on the lights? There’s a tiny delay before you remember there’s no power and you reprimand yourself for being so foolish. Too often, we only notice the electricity that powers our lives when it’s not there ...
On 21 May 2021, Hong Kong’s Financial Services and Treasury Bureau (FSTB) issued its consultation conclusions (Conclusions) on the proposed licensing regime for virtual asset services providers (VASPs). The Conclusions follow publication of the FSTB’s consultation paper of 3 November 2020 (Proposal). For details of the Proposal, please refer to our article of 24 November 2020 ...
On 1 June 2021, the Competition Commission released a media statement indicating that it had, on public interest grounds, prohibited a proposed transaction whereby a private equity firm, ECP Africa, intended to acquire Burger King (South Africa) and Grand Foods Meat Plant from Grand Parade Investments ...
The South African President has signed the Cybercrimes Bill into law, which means it is now an Act of Parliament. The date on which the Cybercrimes Act, 2020 comes into force is yet to be announced, but there are a few key things to note: The majority of the offences created by the Cybercrimes Act relate to data, messages, computers, and networks involving hacking, the unlawful interception of data, ransomware attacks, cyber forgery and uttering, and cyber extortion ...
When the Protection of Personal Information Act, 2013 (“POPIA”) comes into effect fully from 1 July 2021, there are some areas of possible dispute that could arise between employers and employees, including the monitoring of employee emails. In a recent Constitutional Court judgment in Turkey, the personal data protection rights of an employee were considered, and could provide some guidance as to how a similar situation may be handled in a South African context ...
On Wednesday, a federal judge in Texas denied Factory Mutual’s Rule 12(c) motion for judgment on the pleadings, finding that the plaintiffs adequately alleged that the presence of COVID-19 on their property caused covered physical loss or damage in the case of Cinemark Holdings, Inc. v. Factory Mutual Insurance Co., No. 4:21-CV-00011 (E.D. Tex. May 5, 2021) ...
New Cybercrime Law is enacted by the Brazilian President and provides for a considerable increase in penalties for hacking into computer devices, theft and embezzlement perpetrated electronically or through the Internet. In addition to providing more severe penalties for cybercrimes, Law No. 14,155 of May 28, 2021 establishes the victim's place of residence as the competent jurisdiction to prosecute cybercrime ...
In May 2021, the total value of cryptocurrency globally surpassed USD $2.5 trillion, and continues its emergence as a new asset class.[1] Governments in Canada and around the world are updating regulatory requirements in response to the new innovations in financial technologies. Historically, there has been regulatory uncertainty surrounding cryptocurrencies in Canada ...
Virtual shareholder meetings have become ubiquitous for both public and private companies since the onset of the COVID-19 pandemic. Canadian securities regulators, stock exchanges and federal and provincial governments quickly responded to accommodate electronic meetings where it was otherwise not permitted. In British Columbia, Ministerial Order No ...
Since the European Court of Justice declared the EU-US Privacy Shield as an invalid legal basis for the transfer of personal data to the US, stipulating increased requirements for the use of the EU standard contractual clauses in July 2020 (C-311/18, 'Schrems II'), uncertainty has been rife within many companies: a legally compliant data transfer to the USA on the basis of the Privacy Shield is no longer possible and the new EU standard contractual clauses announced in November 202
