Earlier this year, the government released a proposal paper: Extending Unfair Contract Terms Protections to Insurance Contracts outlining a model to extend unfair contract term (UCT) provisions to insurance contracts regulated under the Insurance Contracts Act 1984 (Cth) (IC Act) for consultation. The consultation period closes on 27 July. A high level summary of the proposed model is below ...
The drastic changes in the media landscape made over the past years continue to rock the traditional TV sector. Family TV is being replaced rapidly by content online, on demand and on different mobile devices. The global internet video share by consumers is expected to increase from 64% in 2014 to 80% by 2019 (according to Cisco Visual Networking Index: Forecast and Methodology, 2016–2021) ...
In a recent judgement the Court of Justice of the European Union (CJEU) concluded that an administrator of a Facebook fan page has independent obligations under European data protection law, and will be considered joint controller with Facebook for some processing activities ...
As rapid technological changes in the 21st century continue to expand the types and volume of private electronic information, the Fourth Amendment’s privacy protections are evolving. Originally, “Fourth Amendment jurisprudence was tied to common-law trespass” and provided protections against searches of property. See, United States v. Jones, 565 U.S. 400, 405 (2012) ...
Earlier this year, Marcelin Fortier (hereinafter the “applicant”) sued his insurer in a case. The Superior Court rendered a decision1 whereby it reiterates the principles applicable to the notion of increased risk in insurance. The case also insisted on the importance of the questions asked by insurers at the time an insurance contract is purchased. On 8 January 2015, the applicant’s home was seriously damaged by fire ...
Despite its coming into force in 2001, the courts have frequently avoided commenting on the application and interpretation of the Act to Establish a Legal Framework for Information Technologies1 (hereafter the “LFIT Act”), preferring instead to rely on the provisions in the Civil Code of Québec2. In the decision of Benisty v. Kloda3, judge Jacques J ...
For years, corporate policyholders lacked a clear path to recovery against their insurance companies under the Texas bad faith statute. The reason for this uncertainty was that some courts required a showing of an injury independent from the loss of policy benefits as a means of recovery under the bad faith statute ...
Barry Buchman, Adrian Azer and Greg Van Houten have joined Haynes and Boone, LLP’s Washington, D.C. office in the Insurance Recovery Practice, expanding the group’s presence coast-to-coast. Partner Barry Buchman brings more than 20 years of experience and looks forward to helping the practice flourish in Washington, D.C., and the East Coast ...
Many companies use so-called tracking tools on their website to analyze the use of the website by their visitors, and possibly also to carry out advertising activities on the basis of user profiles created with the tracking tools. These tracking tools mainly use cookies, i.e. small files that can identify a user of a website and that are deposited on the respective user's computer ...
The Philippine National Privacy Commission (NPC), which administers the country’s Data Privacy Act (DPA), has recently made available to the public copies of its advisory opinions. These opinions had been issued in response to various queries regarding the proper application and interpretation of the provisions of the DPA and its implementing rules and regulations. Issue of consent Advisory Opinion No ...
Over the past 1-2 years, a great deal of information concerning the revolutionary technology that is “blockchain” has been published on many business, legal and technology news sources, and innumerable self-proclaimed authorities on the subject have emerged to contribute articles and presentations (ourselves among them) ...
Artificial intelligence is a burning topic in many sectors today and the legal industry is no exception. Recently, at the World Services Group's annual employment law conference held in February, AI was heavily debated along with its' impact not only on the legal profession, lawyers, clients, the way business is done, but also our traditional understanding of concepts such as "law" or "justice" ...
By one account, “the cost of global ransomware attacks will exceed $11.5 billion annually by 2019, up from $5 billion last year and $325 million in 2015” – a 35X increase in just four years.1Relative to other cyber crime, ransomware is an equal opportunity enterprise—striking individuals as well as businesses of all kinds ...
By one account, “the cost of global ransomware attacks will exceed $11.5 billion annually by 2019, up from $5 billion last year and $325 million in 2015” – a 35X increase in just four years.1Relative to other cyber crime, ransomware is an equal opportunity enterprise—striking individuals as well as businesses of all kinds ...
In 2015, the Federal Communications Commission expanded the reach of the Telephone Consumer Protection Act (TCPA) in several respects. Petitioners appealed Declaratory Ruling 15-72 challenging four findings that turned TCPA law on its head. On March 16, 2018, the DC Circuit issued a decision on that petition in ACA International v. FCC, et. al, setting aside two major FCC rulings and upholding two others ...
New rules will apply to disability benefit claims and appeals under certain plans that are subject to the Employee Retirement Income Security Act of 1974 (ERISA), effective for claims made after April 1, 2018. According to the Department of Labor (DOL), the new rules are intended to provide greater protection to claimants, and are modeled on the enhanced claims and appeals procedures that apply to health benefit claims under the Affordable Care Act (ACA) ...
The GDPR contains rules on when it is mandatory for controllers and processors to designate a data protection officer. The Article 29 Data Protection Working Party (WP29) issued guidelines on the data protection officers (DPOs) interpreting the respective provisions of the GDPR (Articles 37-39 and Recitals 77 and 97). The Data Protection Officer (DPO) The GDPR contains rules on when it is mandatory for controllers and processors to designate a data protection officer ...
Since not only individual people, but also the overall project, are being presented, online presentation can be divided into two main parts. First is the management of personal social media. Avoid any disrespectful or offensive discourse, as well as any ambiguous posts and photos. Or as a minimum , do not display them publicly. Secondly, visual communication is absolutely crucial to protect the name of a reliable project ...
Legal entities that contract insurance to protect their own assets qualify as consumers within the meaning of the consumer code, says the brazilian Superior Court of Justice (STJ) "[...] the legal entity that takes out insurance seeking to protect its own assets shall be end user of insurance services, thus calling for the application in its favor of the rules provided for in the Consumer Code ...
This year has already been a busy one for seismic activity. In the first weeks of 2018 alone, there have been reports of a 7.9 magnitude quake off the shores of Kodiak, Alaska, a 6.2 magnitude temblor in Japan, and a series of tremors in California. And, few will forget the catastrophic earthquakes that struck Mexico City and the Iraq-Iran border last year ...
The Serbian Competition Commission (the "Commission") recently finished sector inquiries concerning quite distinct industries – raspberries and the public procurement for software and hardware. The aim behind the inquiries was to perform extensive market research and analysis in order to acquire a clearer picture of the possible antitrust issues and risks in two sectors widely perceived as strategic for the development of the Serbian economy ...
Cloud computing, along with Big Data, social media, and mobility, is one of the current megatrends that will drive huge changes to the business ecosystem in the upcoming decade. Surveys held over the recent years unanimously confirm that organisations across the globe are rapidly and continuously moving to the cloud ...
One step closer to implementation of the reforms relating to EU data protection regulation, this article looks at some of the implications that the reforms are likely to have for SMEs. Key progress was made in the reform of EU data protection regulation on 12 March 2014 with the European Parliament voting in support of reform and the draft General Data Protection Regulation (the "Regulation"). The Regulation must now be adopted by the Council of Ministers in order to become law ...
At a time when tolerance seems to be an increasingly precious commodity, society can celebrate an awakening intolerance for sexual harassment. For all of the scandal and salacious detail dominating the media in recent months, there is the hope that victims of depravity can find empowerment and healing, if not justice, too ...
