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With cybersecurity risks increasing and evolving moving into 2023, the federal government is taking steps to help secure our cyber infrastructure. The recent passing of the 2023 omnibus spending agreement included additional funds for a variety of federal agencies in order to strengthen our cybersecurity apparatus. The Cybersecurity and Infrastructure Agency (“CISA”) received $1.3 billion for its cybersecurity programs. This is a $230 million increase over last year ...

  The U.S. does not have a federal data privacy law. In the absence of an all-encompassing data privacy law, the U.S. has a myriad of individual state privacy laws. The significant state data privacy laws that are often used as models are the California Privacy Rights Act (which amends that California Consumer Privacy Act), the Virginia Consumer Data Privacy Act, the Colorado Privacy Act, and the Illinois Biometric Information Privacy Act ...

On January 20, 2023, Governor Glenn Youngkin announced that Amazon Web Services (“AWS”) plans to invest $35 billion by 2040 to establish multiple data center campuses across Virginia, pending legislative approval. Numerous localities in the Commonwealth are under consideration, and although none have been selected, residents in Northern Virginia have voiced concerns ...

On April 27, 2022,Republic Act No. 11712, or thePublic Health Emergency Benefits and Allowances for Health Care Workers Act(“RA 11712”), was signed into law in recognition of the critical role of health care workers in providing quality health care and ensuring disease prevention in the general population, especially during the pandemic. It seeks to promote the welfare of health care workers through the grant of mandatory benefits and allowances with utmost efficiency ...

With the decreasing number of positive COVID-19 cases, more employees are now returning to on-site work and new COVID-19 testing protocols are in place. The Inter-Agency Task Force for the Management of Emerging Infectious Diseases (“IATF”) provided guidelines for COVID-19 testing requirements for unvaccinated and partially vaccinated employees through its Resolutions No. 148-B and 149. Also, the National COVID-19 Immunization Program opened to the general public nationwide ...

Dinsmore & Shohl LLP | January 2023

On January 5, 2023, the Federal Trade Commission (“FTC”) issued a Proposed Rule that would prohibit employers from enforcing non-compete agreements against former employees, contractors, and other workers. Dinsmore & Shohl’s Labor and Employment Group’s legal alert on January 5, provides general information about the changes envisaged in the Proposed Rule ...

Lawson Lundell LLP | January 2023

Canadian Lawyer By Tim Wilbur Cecilia Barnes knew from an early age she wanted to be in business. She entered law school so she could work with entrepreneurs and business executives. When Barnes looked for opportunities after graduating, she focused on working in-house. “I thought, I've taken all of these courses in business and trademark and copyright. So, any company is going to be so excited to have me ...

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

July 2022 saw the formal commencement of the UK Covid-19 Inquiry. Opened by Inquiry Chair Baroness Heather Hallett, we later witnessed preliminary hearings for Modules 1 and 2, held in October and November. As a reminder, Modules 1 and 2 cover the overarching topics of the UK’s pandemic preparedness and resilience, and core political and administrative decision-making throughout the UK (incorporating sub-modules for Scotland, Wales and Northern Ireland), respectively ...

Carey | January 2023

On January 17, 2023, the Institute of Public Health ("ISP") –by means of Res. Ex. No. 106– approved the Good Manufacturing Practice Guideline for Medical Devices and In Vitro Diagnosis Medical Devices (the "Guideline") ...

Shoosmiths LLP | January 2023

To help further the objectives of the Women’s Health Strategy for England (published by the Department of Health and Social Care in July 2022) £1.97m has been awarded to help women in the workplace who are experiencing reproductive health issues. The grant will be shared between 16 charities which include, amongst others, Fertility Network UK, Sands, Tommy’s and Mind ...

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 ...

Carey | January 2023

On January 17, 2023, the Senate approved the that sought to postpone the entry into force of the amendments introduced to the Mining Code by Article 10 of Law 21,420 (the "Bill 15,511-08"). This concludes the legislative process of Bill 15,511-08, as the House of Representatives had already approved this bill on January 5, 2023. Now, the initiative will be sent to the President of the Republic for its promulgation and subsequent publication in the Official Gazette in order to be enacted ...

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 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’) ...

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 ...

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