General about enterprise penalty In relation to the previous section on enterprise penalty as enshrined in section 48a of the 1902 Penal Code, discussion were had as to whether there was a requirement of Fault-based liability in the provision. In the preparatory work on section 27 of the new Penal Code, this was discussed in depth, after which it in Ot.prp. no. 27, 90 (2003-2004) s. 242 was clearly stated that the new provision should not have such a requirement ...
In this second instalment of our series 'Navigating the new regulatory landscape for Company Service Providers', we take a closer look at the application process for CSPs seeking regulatory authorisation, the appointment of key office holders and applicable exemptions to the new regime. Part 1 of this series can be accessed here ...
On January 6, 2021, the Small Business Administration (the “SBA”) and the Department of Treasury released an Interim Final Rule called “Business Loan Program Temporary Changes; Paycheck Protection Second Draw Loans” (“Second Draw Rules”). These rules announced the implementation of section 311 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (the “Economic Aid Act”) ...
Background Disqus is an American company offering online public comment sharing services. These services were previously used by various Norwegian online newspapers. The Data Protection Authority has investigated whether Disqus has been sharing information about the users of the comment sections with marketing companies, without the knowledge of neither the users nor the owners of the online newspapers, and in breach of the GDPR ...
The pandemic has, if nothing else, demonstrated how much more needs to be done in the battle against climate change. Despite the worldwide economic slowdown and travel ban resulting from coronavirus, global carbon dioxide emissions reduced by just 6% (approximately 2.3bn tonnes) in 2020. But both governments and industry are responding to the challenge, however, with a renewed sense of urgency and collaborative spirit ...
To support our IHL community, on 21 April we hosted our latest webinar on “Fraud” where we discussed the recent upsurge in fraud due to home working, general awareness of fraudulent activity and what businesses can do to protect themselves. Here are the key takeaways: What types of fraud are you seeing at the moment? The world is a turbulent place right now, and therefore the perfect time for fraud and illicit activity to thrive ...
The recent anti-suit injunction decision in Axis v Absa Group demonstrates the importance of considering the practical effect of jurisdiction clauses when a suite of contracts or (re)insurance policies are entered into ...
Following the entry into force of the Company Service Providers (Amendment) Act 2020 (the "Amendments") on 16 March, 2021 a number of significant amendments have been introduced to the local regulatory framework governing the provision of company services. The most notable amendments consist of the removal of previous exemptions available to warranted professionals and the end of the de minimis rule ...
On 29 April 2021, following the release of the widely commented European Commission Guidance on Art. 22 of the EU Merger Regulation (EUMR), the Luxembourg Competition Council published a statement on the recent policy change ...
On June 26, 2021, the Ministry of Economy and Finance – MEF published in the Official Gazette “El Peruano” the Supreme Decree Nº 162-2021-EF (hereinafter, the “Supreme Decree”), whereby it amends the rules contained in the Regulations of the State Procurement Law, adopted by Supreme Decree Nº 344-2018-EF (hereinafter, the “Regulations”) ...
The Private Investment Law (Law 10/18 of 26 June) was amended by Law 10/21 of 22 April. The new law marks the return of the contractual system to the area of private investment. As a result, the current private investment systems are the following: i) Prior declaration system ii) Special system iii) Contractual system The contractual system is applicable to projects in any sector ...
Did you know? The Measures for the Supervision and Administration of Online Transactions (“Measures”) released by the PRC State Administration for Market Regulation will come into force on 1 May 2021 and will replace the previous rules implemented in 2014. Among other things, the Measures impose more stringent requirements against the common practice of “bundled consent” ...
Did you know? The Measures for the Supervision and Administration of Online Transactions (“Measures”) released by the PRC State Administration for Market Regulation will come into force on 1 May 2021 and will replace the previous rules implemented in 2014. Among other things, the Measures impose more stringent requirements against the common practice of “bundled consent” ...
Below is an update on the most relevant employment law measures adopted after the Decree of March 22, 2021, no. 41 (the so-called “Sostegni Decree”) within the framework of the COVID-19 emergency legislation and the on-going vaccination campaign ...
Quick and easily accessible guide for human resource and compliance professionals in the Lao PDR to understand the local data protection requirements. This DFDL infographic provides general guidance to HR and compliance departments as to the different steps employers should consider while collecting, monitoring and storing employees’ personal data to prevent or manage the risk of COVID-19 in the workplace ...
Several listed companies recently bought the music rights of world famous stars such as Bob Dylan and Taylor Swift. The payoff of investing in music mainly comes from streams revenues. But the benefits do not seem to be that bad: for instance, since Sony bought Michael Jackson's music portfolio in 2016, its stock price has quadrupled (1) ...
JURISPRUDENCE Amazon Seller Services Pvt. Ltd. & Ors. v. Amway India Enterprises Pvt. Ltd. & Ors. (Delhi High Court)1 The Division Bench of the Delhi High Court reversed the prior order which had restrained various e-commerce platforms like Amazon, Flipkart and Snapdeal - from enabling sale of products of 'direct selling' companies without their consent. The Court held that the Direct Selling Guidelines of 2016 are not the law and are only advisory in nature ...
In this three-part article series, we will share with you the intellectual property (IP)–related mistakes that we regularly see with startups. We hope you will find it useful for your business ...
Tech Start-Up Companies Toolkits - ǼLEX Legal .avada-select-parent .select-arrow{background-color:#ffffff}.select-arrow{background-color:#ffffff} Are you running a start-up or contemplating starting that business and you are uncertain on how to proceed? Do not fret as AELEX Fintech centre has compiled this start-up tool kit to guide you on setting up your business ...
Background Companies operating in EU may already be aware that on December 2019 the Whistleblowers Directive[1] came into force. The Whistleblowers Directive aims at establishing a framework with common minimum standards for ensuring whistleblowers’ protection across all EU Member States. The transposition deadline almost knocks on the door since it expires in December 2021 ...
After spending over 10 years in court, the Google vs. Oracle copyright saga has finally come to an end. The U.S. Supreme Court, ruling 6-2 in Google’s favor, found that when Google used pieces of Java software developed by Oracle to build the Android operating system, it was within the parameters of the fair use doctrine that permits the unlicensed use of copyright-protected works in certain circumstances ...
On 24 February 2021, Hong Kong’s Finance Secretary Paul Chan delivered the 2021-22 Budget which highlighted upcoming government initiatives to promote the establishment of and re-domiciliation of offshore funds to Hong Kong using the Hong Kong open-ended fund company structure (OFC) ...
An open-ended fund company (OFC) must at all times have an investment manager (Fund Manager) who is responsible for managing the scheme property. To bring in expertise in respect of a specific market or strategy or for other various reasons, Fund Managers may engage sub-managers, advisors or delegates. The delegation of the investment management function by a Fund Manager is permissible under the OFC regime ...
