On 25 August 2020, “The Temporary Measures For Reducing The Impact of Coronavirus Disease 2019 (Covid-19) Bill 2020” (“Covid-19 Bill 2020”) was passed by the Dewan Rakyat. When will the Covid-19 Bill 2020 come into operation? The Covid-19 2020 Bill comes into operation on the date published in the Gazette. However, it will have a retrospective effect and will be deemed to have come into operation on the first day of the Movement Control Order i.e ...
When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from any liability for the subcontractor’s claim with the exception of amounts recovered from the government related to that claim ...
On August 26, 2020, Resolution No. 000093-2020-PRE/INDECOPI was published in the Official Gazette “El Peruano”, which adopts the Directive that establishes the procedure for payment of rewards under the scope of Article 28 of the Single Ordered Text of the Law for the Repression of Anticompetitive Conduct (the "Directive" and the "Competition Law", respectively) ...
On August 25, 2020, Board Resolution No. 003-2020-EF/68.0 was published in the Official Gazette “El Peruano”, approving the “Guidelines for the State's response to the potential impacts of the COVID-19 pandemic on Public Private Partnership projects” (the “Guidelines”) ...
COVID-19 and the measures to mitigate the disease have had an enormous impact on people’s lives and on many sectors of the economy. In response, with regard to lease agreements and other forms of commercial use of real estate premises, the Portuguese legislature decided to introduce exceptional rules for situations of late payment of rent and other payments under said agreements ...
In July, the German Federal Ministry for Economic Affairs and Energy (BMWi) compiled a draft law on data protection and the protection of privacy in the context of electronic communication and telemedia (the “Telecommunications and Telemedia Data Protection Act” [Telekommunikations-Telemedien-Datenschutz-Gesetz],“TTDSG”) – which has not yet been officially published ...
On 27 July 2020, the Centre for Health Protection reported a large-scale outbreak cluster on a construction site at the Peak with 13 workers of Kin Shing (Leung’s) General Contractors Limited being infected with COVID-19. Over 100 people work in the same construction site on a daily basis ...
The real estate sector is facing numerous economic challenges. The property and casualty markets are hardening, while tenants are looking for rent concessions. Meanwhile, moves by some businesses to allow more working from home could significantly reduce demand for office space. When insurance expenses are increasing, a captive may be used to stabilise premium costs by increasing deductibles and insuring the deductibles in the captive ...
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 ...
With federal privacy legislation stalled and indefinitely delayed, states have moved forward to push an impressive number of privacy laws forward over the last several years. Some of these laws are still relatively obscure, but are being increasingly enforced by state regulators and through litigation ...
The San Francisco Emergency Ordinance on cleaning commercial office buildings larger than 50,000 square feet and tourist hotels was signed by the Mayor on July 17th, becoming effective immediately upon her signature. As noted in a prior Buchalter Client Alert, there are many problems with this Ordinance and, unfortunately, none of those problems were corrected before it was signed into law ...
On July 15, 2020, the Kentucky Community Property Trust Act (the “Act”; codified at KRS 386.620 et seq.) became effective, instituting an elective community property regime under Kentucky law. The intent of the Act is to permit spouses to receive a stepped-up basis for federal income tax purposes at the death of the first spouse in 100 percent of the property they have elected to treat as community property ...
On 22 July 2020, data protection authorities from Australia, Canada, Gibraltar, Hong Kong, Switzerland and United Kingdom (together the Authorities), issued an open letter (Letter) on global privacy expectations of video teleconferencing companies (VTC companies)[1]. Why there is such a Letter? As a result of the COVID-19 pandemic, the Authorities have witnessed an increasing use of VTC tools, both in social and business contexts ...
The Baden-Württemberg Commissioner for Data Protection and Freedom of Information (LfDI) has imposed a fine of €1,240,000 on the AOK Baden-Württemberg health insurance provider. The reason? Data processing errors related to prize draws it ran: the health insurance provider had not obtained the valid consent for data processing of prize draw entrants in 500 cases. An internal whistleblower notified the LfDI about the breach ...
Thursday 16 July 2020 saw the Court of Justice of the European Union (“CJEU”) issue its decision on the validity of two international data transfer mechanisms - the “Privacy Shield” mechanism, which allowed for transfers between the EU and the US, and the Standard Contractual Clauses (“SCCs”) which are of more general application. Both of these mechanisms were confirmed by decisions of the European Commission ...
Today (16 July 2020), the ECJ handed down its long-awaited judgment on the validity of Standard Contractual Clauses in international data transfers (ECJ, judgment of 16 July 2020, case C-311/18). In a surprise move the Court of Justice declared the EU Commission's adequacy decision on the Privacy Shield - the agreement that allows data transfers to certain companies in the USA - to be invalid. On the other hand it confirmed the validity of the Standard Contractual Clauses ...
The Ninth Circuit Holds that Callers are Subject to TCPA Liability if the Callers Intend to Make Automated Calls to a Consenting Customer, but Instead Call Someone Else Introduction On June 3, 2020, the United States Court of Appeals for the Ninth Circuit dealt a blow to callers governed under the Telephone Consumer Protection Act (“TCPA”) ...
During these unprecedented times, developers all over the world are actively looking for solutions to deal with underperforming real estate. For developers in the United Arab Emirates (UAE), real estate investment funds (otherwise known as REITs) may offer a solution to the problem. A REIT is a public or private investment fund which is established to invest a certain percentage (as stipulated by law) of its assets in real estate ...
On July 3rd, 2020, Supreme Decree No. 18/2020 of the Ministry of Labor and Social Securitywas published,approving the regulation of Article 152 quater M of the Labor Code, establishing specific health and safety conditions at work applicable for employees rendering services in regimes of remote work or telework (hereinafter, the “Regulation”) ...
A recent opinion, 731 Market Street Owner, LLC v. City and County of San Francisco (Cal. Ct. App., June 18, 2020, No. A154369) 2020 WL 3285962 (“731 Market Street Owner”), issued by a California Court of Appeal in San Francisco provides some relief to San Francisco building owners ...
The regulations of the legal framework for foreigners in Portugal and the procedure and rules to be followed by applicants for Investment Residence Permits (normally referred to as “Golden Visas” or “ARIs”), provide for a large number of investment models within the eight types of investment activity with the following specifics. Investment activities a) Transfer of capital of at least EUR 1,000,000 ...
Setting the right standard to ensure compliance with the technical and organizational safeguards for data security required under Art. 32 GDPR is a challenge for many companies when it comes to electronic communications – not least e-mail. The German Conference of Independent German Federal and State Data Protection Supervisory Authorities (DSK) has issued guidance on the topic. The guidance represents a majority resolution of the German states, with Bavaria dissenting ...
Many jurisdictions have put in place legislation to regulate merger activities. There have been discussions that it is high time for Malaysia to implement a general merger control regime under the Malaysian Competition Act 2010. As it presently stands, general merger activities which do not fall within two specific sectors (will be discussed below) are not regulated and no prior sanction is required from the Competition Commission before a merger transaction takes place ...
