How do you protect the privacy of people who have been infected by Covid-19, while still usefully informing those who have been put at risk? At a time of public health emergency, shouldn't GDPR take a back seat? As companies struggle to get new processes in place to cope with the potential ramifications of Covid-19, the aim of this note is to highlight how EU data protection law applies to this unusual set of circumstances ...
In this challenging period of the Coronavirus outbreak, your organisation might currently be taking strong internal measures to protect its employees while ensuring work continuity. Such measures could have data protection implications and therefore you might be wondering how to take them in accordance with the GDPR. We have answered the most important GDPR questions below ...
Many organizations are these days in a phase of reorganizing their operations and establishing alternative solutions to ensure continued business work capacity. Meanwhile numerous hackers and other cyber criminals around the world are mobilizing themselves to take advantage of the extraordinary situation. All business should therefore be aware of a significant increase of cyber risk in relation to the current corona crisis ...
Under EU Directive 2001/29 on the harmonisation of copyright law, Member States grant authors, performers, producers and broadcasting organisations exclusive rights to authorise or prohibit reproductions of their own works ...
Automated activism is here now on how compliant businesses are. Are you ready for potential tech-enabled complaints on your site's cookies? In 1993 Tesco ran a trial of a loyalty scheme: the Tesco Clubcard. When the results of the trial of the scheme were presented to the board in 1994, the chair, Lord Ian MacLaurin, said, ‘what scares me about this is you know more about my customers in three months than I know in 30 years’ ...
One of the main rationales for using a cash box structure is that equity securities issued by PLC are issued for a non-cash consideration so that the statutory pre-emption provisions set out in the UK Companies Act 2006 do not apply. The issue can therefore take place without the timing implications of seeking shareholder approval to disapply the pre-emption rights or conducting a pre-emptive issue ...
The COVID-19 outbreak has impacted the manufacturing, transportation and supple chains underpinning countless aspects of trade and commerce on a global basis. Additionally, the shelter-in-place orders have caused nonessential businesses to shut down, resulting in many of them being unable to meet their contractual obligation. Force Majeure Whether coronavirus can be considered a force majeure depends on the wording of the provision ...
It behooves construction professionals, be they materials manufacturers, general contractors, or lower-tier subcontractors, to carry some form of commercial general liability insurance (“CGL Insurance”). Having such coverage alleviates some of the potential risk and financial exposure a construction professional carries on a particular project. That is, of course, unless the construction professional gets sued and the insurer refuses to pay ...
These days, it seems as if every passing week brings with it a new story in the press about the legal risks of engaging with social media. We have heard much recently about the dangers of defamation on Twitter.Earlier this year, Sally Bercow learned to her cost just how easy it can be to libel someone without explicitly accusing them of anything, after sharing a message about Lord McAlpine with her Twitter followers: "Why is Lord McAlpine trending? *innocent face*" ...
In vacating a jury’s award of almost $54 million based on a finding of willful trademark and trade dress infringement, an Illinois federal district court granted the defendants’ motion for a new trial, finding the trial “fundamentally unfair due to the admission of unreliable and prejudicial expert testimony.” The Black & Decker Corporation et al v. Positec USA Inc.,No. 1:2011cv05426 (N.D. Ill. Sept. 11, 2017) ...
The issue of online court hearings, and many other types of dispute resolution processes, has been a hot topic over the last few months as restrictions have eased and court users try to figure out what the new normal is, or should be. The Scottish Civil Justice Council has just closed a consultation that seeks views on proposed new rules covering the most appropriate mode of attendance at civil court hearings in the Court of Session and in the Sheriff Courts in Scotland ...
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 ...
This is a briefing on the CIAC Memorandum Circular No. 01-2020 dated June 10, 2020,1 a COVID-19 related issuance. A. Authority to Hold Virtual Proceedings B. No Change in the Deadline for the Issuance of Final Awards C. In-Person Proceedings D. Conduct of Virtual Proceedings ______________________________________________________________________________________________________________ CIAC’s Memorandum Circular No ...
We regularly work with financial institutions to navigate the challenges of implementing, maintaining, and using security procedures for commercial customers’ use of treasury management services. Security procedures are an integral part of the relationship between the financial institution and its commercial customers ...
What is workplace artificial intelligence or AI? In its simplest form, AI in the workplace is the use of technology or software to monitor employees’ work performance, gather data, problem-solve, or aid in decision making ...
Lenders who take legal charges over real property usually require their interest to be 'noted' on the insurance policy covering the property. However, this may not give them the protection they require, especially in the current economic climate. It is quite appropriate that lenders want to be certain that insurance arrangements covering a property used as security are satisfactory ...
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 ...
A recent Supreme Court decision means that owners of closely held companies with company-owned life insurance policies should take extra precautions to avoid an unexpectedly large estate tax bill from the IRS. On June 6, 2024, the Supreme Court of the United States decided in Connelly v ...
All businesses possess confidential information - trade secrets, customer lists, staff records - which could mean loss of business, reputational damage, or give competitors an advantage if leaked, whether deliberately or accidentally.Depending on the type of information disclosed and the type of organisation, there are potential consequences regarding public policy and data protection ...
Ban on foreign information security services from “unfriendly” jurisdictions Decree No. 250 of the Russian President dated 1 May 2022 “On Additional Measures to Ensure the Information Security of the Russian Federation” previously imposed restrictions on the ****use of foreign information security means**** ...
The State Duma will consider a draft law on the possibility for the plaintiff to receive personal data (“PD”) of the defendant Amendments are planned to be made to the ****Civil Procedure Code**** of the Russian Federation. It is proposed to grant the plaintiff the right to file a ****motion**** to the court for assistance in ****establishing information about the defendant****, which is necessary to file a claim in court, but the plaintiff does not have ...
The Federation Council clarified how the Russian Digital Code will look like Work on the ****Digital Code****, which will become the basis for legal regulation of relations in the field of ****information**** and ****digital technologies****, will take at least another ****year****, and a significant part of the future document is planned to be devoted to the protection of ****personal**** and ****biometric data**** ...
The Presidential Administration has not approved amendments to the second reading of the draft law on turnover fines for personal data (“PD”) leaks Despite the positive review of the draft law from the Government Commission, the State Legal Department of the President has prepared a ****negative review**** of the draft law on ****turnover fines**** for businesses for ****PD leaks**** ...
Government Commission approves positive review of draft law on turnover fines for leaks of personal data (“PD”) We previously informed you about the draft law that would impose ****turnover fines for PD leaks****, as well as fines for the failure to ****notify the Russian Federal Service for Supervision of Communications, Information Technology and Mass Media (“Roskomnadzor”) about the intention to process PD**** and the illegal transfer (****leak****) of PD ...
