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Shoosmiths LLP | January 2023

BigTech has kept information about advertising (who is seeing the adverts, who is clicking on the adverts...) largely in a safe under lock and key.  This is about to change and advertising agencies could be a major beneficiary. Advertising agencies likely need to invest in capabilities to analyse huge volumes of data, or engage external advisors to do this work ...

Shoosmiths LLP | January 2023

FinTech is important to the financial services sector in both India and the UK. A trade agreement could facilitate FinTech growth and deepen trade between the two countries. Kiran Desai, Head of Shoosmiths Brussels is joined by colleague Prakash Kerai to host Prashanth Ramdas of Khaitan & Co ...

Shoosmiths LLP | January 2023

Gone are the days when marketing campaigns are relegated to just hard copy printed materials. They are more often than not found, promoted and run online, and increasingly through social media which offers a speedy and an efficient method of an organisation speaking to its audience. It also offers the audience the opportunity to like, share and comment on the campaign, providing a unique and ‘in the moment’ conversation between a business and its customers ...

Carey | January 2023

On 16 January 2023, the Financial Market Commission ("CMF") published in its web site and invited to submit comments to a regulatory proposal involving the issuance of two rules: (i) the general rule that will regulate the requirements and procedures for registration in the Registry of Financial Services Providers (the "RPSF") and (ii) the general rule that will regulate the authorization to provide investment advisory services by persons registered in the RPSF (the "Proposed Rule") ...

Lavery Lawyers | January 2023

In early 2022, the Autorité des marchés financiers (the AMF) conducted specific consultations on financial products offered on the Internet. Further to these consultations, the AMF published explanations on the Regulation respecting Alternative Distribution Methods (the RADM) in late December 2022 ...

Mamo TCV Advocates | January 2023

  The MFSA issued a Circular on the 22nd of December 2022 in which it proposed amendments to the Companies Act (Cell Companies carrying on business of Insurance) Regulations, Subsidiary Legislation 386.10 (“the PCC Regulations”). The PCC Regulations provide for the creation and regulation of cell companies ...

Dinsmore & Shohl LLP | January 2023

HUD-insured debt may be a narrow field within the broader realm of commercial real estate finance, but it never ceases to amaze me the variety of issues that I encounter within the relatively small HUD sandbox.  Dinsmore’s work as lender’s counsel on a recent multifamily 223(f) loan had me grappling with issues related to sovereign immunity, a legal concept that had barely entered my consciousness since graduating from law school ...

Arendt & Medernach | January 2023

On 22 December 2022, the Commissariat aux Assurances (the CAA) released Circular Letter 22/22 on the takeover of intermediation in certain types of life insurance contracts (Circular 22/22).This circular provides guidelines on issues that may arise in the context of a takeover of insurance intermediation (reprise d’intermédiation). 1 ...

Shoosmiths LLP | January 2023

In the world of privacy and data, after another whirlwind year, what are the safe bets and the long shots for change in 2023?  Like the technology driving it, privacy and data law moves fast, and covers many territories, so it’s not always easy to keep track of developments. Long-awaited rulemaking - such as an overarching US federal data protection law – can get stuck in the weeds, while unexpected developments in technology and politics can serve up some complete surprises ...

Shoosmiths LLP | January 2023

Cyber criminals, the twenty-first century equivalent to the highwaymen of yesteryear, don’t offer charities the stark alternative of “their money or their life”, but instead their money or their data, the lifeblood of many charities. Ransomware attacks present a critical risk of their services grinding to a halt for weeks if not months – even if data is restored - as well as swingeing fines for personal data breaches in multiple jurisdictions ...

Shoosmiths LLP | January 2023

Goldman Sachs can’t make profits in the FinTech sector, as reported recently in the Financial Times newspaper. Competition must be tough. Where is competition coming from? A source, still arguably on the edges, is BigTech, who are using FinTech essentials (digital technology and big data) to become a player in the financial services market ...

Shoosmiths LLP | January 2023

The Charity Commission has today (17 January) begun a public consultation on proposed new guidance for charities’ use of social media. It encourages charities to adopt a social media policy which is right for them. Social media presents charities with great opportunities to campaign and comment, to communicate the value they create and to fundraise. But these channels also present serious risks for charities ...

Shoosmiths LLP | January 2023

The Online Safety Bill is to be amended to include an offence for officers or senior managers of key tech companies who fail to comply with duties to protect children online. As currently drafted, the offence will apply to senior managers and officers (or those purporting to fulfil such functions) of "user-to-user services" (better known as social media sites, but they could include many online businesses, including forums, online gaming sites and cloud storage providers) ...

Arendt & Medernach | January 2023

The Digital Operational Resilience Act (“DORA”) is part of the Digital finance package adopted in 2020 by the EU Commission to further enable and support the potential of digital finance in terms of innovation and competition, while mitigating the risks arising from it. DORA enters into force on 16 January 2023 ...

Arendt & Medernach | January 2023

On 19 October 2022, the Council of the EU announced that political agreement (the ‘Political Agreement’) had been reached with the EU Parliament on the review of the Regulation on European long-term investment funds (the ‘ELTIF Regulation’) ...

Shoosmiths LLP | January 2023

We have recently seen reports about the unbelievable amount of pressure on the NHS, including inaccessibility to GPs; a high degree of emergency admissions; and bed-blocking within hospitals where vulnerable patients cannot be discharged safely. These factors have exacerbated the pressure on our healthcare system to almost unprecedented levels. Medical technologies or MedTech could be the way forward to ease some of the pressure ...

The Financial Executives Institute of the Philippines (FINEX) recently launched “Ethics: Enduring or Evolving?”, the second installment of the FINEX Ethics Committee's book project focused on ethical challenges and issues of ethics in business. It includes an article on “Digital Ethics and the Philippine Law” by SyCipLaw Senior Partner and TMT expert Rose Marie M. King-Dominguez. In the article, Ms ...

Carey Olsen | January 2023

This briefing sets out the key requirements of PIPA and the steps that your organisation can take to prepare for its implementation.   PIPA coming into force PIPA was enacted in 2016 to regulate the use of personal information in Bermuda by individuals, companies, public authorities and other organisations ...

Haynes and Boone, LLP | January 2023

Roger Royse Q&A: ESG, PE and IPO Prospects for Agtech in 2023 December 28, 2022 Haynes and Boone, LLP Partner Roger Royse was featured in an AgFunderNews Q&A about environmental, social & governance (ESG), private equity, and initial public offering prospects for agtech in 2023. Below is an excerpt: AFN: Tell us a few really noteworthy investment trends you saw in 2022 ...

Shoosmiths LLP | January 2023

The UK Advertising Standards Authority (ASA) has ruled that the marketing of an NFT of a Johan Cruyff goal was misleading. The one-of-a-kind non-fungible token (NFT), entitled “In a Way, Immortal”, depicts Cruyff’s flying kick for Barcelona against rivals Atlético Madrid which was dubbed “The Phantom Goal” and earned Cruyff the nickname the "flying Dutchman".  The NFT was auctioned and eventually sold for a reported €550.000 at Sotheby's ...

Shoosmiths LLP | January 2023

With little regulation, controlling children's access to online content has been left to parents and carers to manage. But now lawmakers around the world are trying to put responsibility into the hands of websites and internet-based service providers. Recent years have seen concerted action aimed at controlling the collection and use of children’s personal data online ...

Shoosmiths LLP | January 2023

Looking back at last years’ predictions for 2022, which covered the potential contributions of data, AI and automation, quantum computing, digital health, VC activity and the Future of Work, it is clear to see the tech sector has advanced considerably in the last 12 months. James Klein, head of the technology sector at Shoosmiths, comments on how his previous predictions fared and outlines upcoming trends and developments to expect in 2023 ...

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