The Federal Attorney-General has released a Discussion Paper seeking comment on whether to introduce laws to make notification of data breaches by government agencies and large private sector entities mandatory in Australia. The Government is calling for submissions by 23 November 2012, asking what the triggers should be and what penalties should apply for failure to comply ...
On October 17, 2012, there was published in the Federal Official Gazette an executive order issuing the Federal Act to Prevent and Identify Illegally-Funded Transactions. The purpose of the Act is to track and investigate activities and transactions involving resources illegally obtained ...
The Information Commissioner's Office (ICO) recently fined an organisation £250,000 fter its outsourcing vendor carelessly dumped confidential financial data in ublic recycling bins. This incident provides a stark reminder to organisationsthat they remain legally responsible for personal data, even where they utsource data processing activities to third parties ...
We live in a society that is obsessed with appearance, and studies show that many people equate appearance to success. While employers may not be aware of these studies, some are trying to control appearance in the workplace by imposing weight restrictions on job applicants or employees as a condition of employment.Whether these policies are permissible can only be answered with a “maybe ...
Earlier this year, the Inquiry regarding Procurement Services published its opinion "The future for the Procurement Assistance". The Inquiry’s mission is to propose how procurement assistance should be coordinated in order to increase competence, availability, consistency and visibility for procurement market participants ...
On October 1, 2012, changes in Regulation (2003:770) on government authorities’ electronic information exchange enter into force. The changes involve an obligation for a number of government authorities to implement e-commerce, and from May 31, 2013 handle all of their orders for supplies and services electronically. In this article Kristian Pedersen and Ingrid Sandstedt present the new rules ...
While the European Commission’s extensive modernization of the state aid rules proceeds, Sweden will have to wait for a national legislation regarding the application of the European Union’s state aid rules since the legislative process has been delayed. As case law from the Swedish courts show, Swedish administrative courts have to assess state aid cases by applying the Swedish Act on Local Governance ...
To enable a broader and more effective market for re-use of information collected by public sector bodies the EU decided in 2003 to introduce a common set of minimum rules regulating these questions. The rules contain amongst other things a limitation of how high the fee charged for public sector information may be calculated ...
Effective July 1st, 2012, the new revised Swedish legislation on bribery entered into force. The last time this area was more thoroughly revised was in 1977. The previous regulation was criticized for being both inaccessible and outdated. In 2009, the Swedish Government therefore appointed an Inquiry to review the provisions then in force, aiming to create a more modern legislation better adapted to its purpose ...
Quebec Law has for a long time distinguished the personal guarantor from the real guarantor: a personal guanrantor is personally bound to repay a creditor should the principal debtor fail to perform its obligations; a real guarantor does no more than give some of its assets as collateral to a creditor, and unlike a personal guarantor, is not personally bound to repay the loan granted to the principal debtor ...
The Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act" or the "Act") attempts to sort through the energy trading and hedging market to protect "commercial end users" from new regulatory burdens intended for trading firms and financial institutions ...
Contents: The Application for Rectification by the Court Is Not a Cure for all Ills: Prevention is Better than (Attempting!) a CureRegister your Trade-marks!; The Importance of Having a Detailed Power of Attorney in the Event of a Person’s IncapacityEffect of a Unanimous Shareholders’ Agreement on CCPC Status THE APPLICATION FOR RECTIFICATION BY THE COURT IS NOT A CURE FOR ALL ILLS: PREVENTION IS BETTER THAN (ATTEMPTING!) A CURELast June 19, the Superio
Outsourcing has for years been gaining popularity. Together with an increase in the number of businesses, their branches, subsidiaries as well as capital groups, increasing attention is drawn to the costs of their operations. Such activities as personal, payroll, procurement, IT, or back office in the case of financial institutions are unnecessarily duplicated in the case of companies in a capital group or generate greater costs than if carried out by an external specialized firm ...
Few may rebate that internet, is majorly responsible for most of the mayor changes in the past fifteen years in fields such as science, communications, technology, commerce amongst other being necessary to adapt the legal system regulating it. Honduras has not been the exception in this modernization process regardless of the civil code nature of its legal system which is not as adaptable as common law systems are ...
Introduction Title and date of national law The Act on the protection of privacy in relation to the processing of personal data of December 8,1992 (the 'Data Protection Act' or 'DPA') and its Royal Decree of February 13, 2001. Relation with international instruments The DPA implements EU Directive 95/46/EC on the protection of individuals regarding the processing of personal data and the free movement of such data ...
The Supreme Court of Poland has held that recognition in Poland of French sauvegarde proceedings, which are covered by the EU’s Insolvency Regulation (1346/2000), is consistent with Polish public policy. The ruling was issued in cases involving a Polish company that sought protection against insolvency in France. The Supreme Court upheld the debtor’s argument that there was no basis for the lower courts in Poland to refuse torecognise the French proceedings ...
The Hong Kong Monetary Authority (HKMA) and the Hong Kong Securities and Futures Commission (SFC) are currently consulting on changes to the definition of type 9 regulated activity that will affect all Hong Kong asset managers who use over-the-counter (OTC) derivatives in their portfolios. The consultation ends on 31 August. We encourage you to read the consultation paper ...
CLS Bank and Bancorp: Back to Back Federal Circuit Decisions Offer Different Conclusions on Patentability 08/03/2012 Richard D. Rochford, Casey H. Kempner The issue of whether particular inventions include “patent eligible” subject matter under § 101 of the patent statute has become highly controversial in recent years, raising questions with high economic stakes and profound legal and philosophical implications. Twice the Supreme Court has entered the fray, first in Bilski v ...
On April 20, 2012, Justice Mongeon of the Quebec Superior Court rendered an important decision in the restructuring of the White Birch Paper Company ("White Birch")1. The judgment could have a lasting effect on CCAA Jurisprudence in Quebec since it deals with issues relating to the pension plans of insolvent companies and the applicability of an important decision of the Ontario Court of Appeal in Quebec ...
Creators of software programs may not be able to prevent the resale of 'used' copies of software programs legitimately paid for and downloaded by their own customers from the internet.It follows a recent Opinion from Advocate General Yves Bot, a legal adviser to the European Court of Justice (ECJ), in Axel W. Bierbach (liquidator of UsedSoft GmbH) v Oracle International Corp ...
GOVERNMENT PUBLISHED PROPOSAL TO CHANGE THE INSOLVENCY REGIME Insolvency proceedings are currently governed by the Insolvency and Corporate Recovery Code approved by Decree-Law 53/04 of 18 March (referred to here by its Portuguese initials ‘CIRE’). From its entry into force to date, this legislation has been subject to five legislative amendments ...
The Securities and Futures Commission (SFC) issued its conclusions on its proposals in relation to the establishment of a financial dispute resolution centre and to amend the Code of Conduct (Code) on 21 May 2012 and the conclusions are available on the SFC website: http://www.sfc.hk/sfc/doc/EN/speeches/consult/Conclusions_Paper_FDRC_21May2012_EN.pdf On 19 June 2012 the SFC released the revised version of the Code which can be accessed here: http://www.sfc ...
On April 16, 2012 the Swedish government submitted the 2012 spring budget to parliament. On the same day, the Ministry of Finance released a memorandum with proposed changes to tax legislation, which was sent for consideration. It is proposed that most of the changes come into effect on January 1, 2013. Below you will find a short summary of the key changes in the memorandum ...
