On April 6, 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on distance contracts during the COVID-19 pandemic", which seeks to set general guidelines regarding distance contracting with consumers during the constitutional state of catastrophe due to public calamity. To safeguard the basic rights embodied in Law No ...
The SGX has beefed up delisting rules, making it harder for controlling shareholders to privatise listed companies. Is this a victory for minority shareholders, or yet another restriction that will make us a less attractive listing venue? We all knew it was coming ...
Like many industries around the world, the creative industry has undergone evolution; from the use of three dimensional (3D) printers to compact discs (CDs) to Digital Versatile Discs (DVDs), and since the late 90s, the internet. The impact of digital technology on the Nigerian copyright space cannot be over-emphasised ...
Sharing of content through online platforms – considering digital piracy in Nigeria By Davidson Oturu, Frances Obiago and Oluwatobi Oluwasanya Introduction Like many industries around the world, the creative industry has undergone evolution; from the use of three dimensional (3D) printers to compact discs (CDs) to Digital Versatile Discs (DVDs), and since the late 90s, the internet ...
The full effect of the Product Security and Telecommunications Infrastructure Act 2022 is yet to be felt, despite it having received Royal Assent on 6 December 2022. Further rights will, however, come into force today, Monday 17 April 2023. Sections 58-59 of the Act grant three distinct rights to telecoms operators enabling them to upgrade and share apparatus ...
Contents Abstract What is an asset protection trust? Conflict of laws What is the objective of firewall legislation? What is the objective of fraudulent transfer legislation in a trust context? Jurisdiction Does comity continue to undermine firewalls? Simplification of structure of Bermuda's firewall legislation Extension of Bermuda's firewall When is a foreign order 'inconsistent' with the firewall legislation? Conclusion ABSTRACT View More
Dear valued clients, colleagues and friends,We are pleased to bring you the latest legal updates for February 2022.Tax & RevenueThe Income Tax (The Incentive for Manufacturers of Pharmaceutical Products Scheme) Rules 2022 have been gazetted on 17 February 2022 and have effect from year of assessment 2021 ...
The Law Commission recently released its third and final consultation paper on autonomous vehicles. The paper launched a consultation process with the aim of developing policy and seeking regulatory recommendations for the deployment of autonomous vehicles on British roads. Earlier consultation papers sought to collate views on overall vehicle safety and the regulation of automated passenger services (e.g. driverless buses, trains, and taxis) ...
The Superintendence of Industry and Commerce (SIC) issued an administrative order, through Resolution 19012 of 2020, to providers of telecommunications networks and services providers (TNSP) to safeguard the rights of its users. We highlight the following measures: For mobile phone and internet operators: inform users of postpaid and prepaid services of their rights during the state of emergency and the rules that apply to the suspension of service for non-payment on time ...
In 2015, according to Sensis, 56% of large and 31% of small-to-medium sized Australian businesses had a social media presence of some kind. Of these, more than half reported measuring the success of their social media investment by their numbers of 'likes', followers and subscribers ...
With many clients moving towards cloud computing models and looking to outsource certain components of their business to cloud service providers, we often get asked to advise on the legal risks associated with opting for a single-cloud strategy versus a multi-cloud strategy. A company is reliant on one cloud vendor to provide all elements of the cloud solution if it opts for a single-cloud strategy ...
Overview If you are thinking about outsourcing manufacturing but have no idea where to start, or if you are already sourcing your product overseas but running into complications, this book, So You Need To OutSource A Product?, will provide some helpful guidelines on navigating the process. You probably already know this, but it bears repeating: Manufacturing outsourcing raises profit margins, improves inventory management, and gets new products to market faster ...
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 ...
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”) ...
Directions pertaining to the communications sector were issued on 26 March 2020 by the Minister of Communications and Digital Technologies (the "Minister"), to ensure the smooth operations of the electronic communications sector – as essential services – during the disaster period to combat the spread of the coronavirus (COVID-19) in South Africa ...
On 6 April 2020, the Independent Communications Authority of South Africa (“ICASA”) published the Information and Communications Technology (“ICT”) COVID-19 National Disaster Regulations (the "Regulations"). The stated purpose of the Regulations is to prescribe the minimum standards to which all licensee (electronic communication services and broadcasting services) must adhere for the duration of the National State of Disaster ...
On 15 March 2020, the South African President declared a national state of disaster in terms of the Disaster Management Act, 2002. A number of measures have since been implemented by the government to counteract the impact of the coronavirus (COVID-19), and several regulations, directives and guidelines have consequently been published ...
On September 17, 2021, the Stock Exchange of Hong Kong Limited (“HKEX”) published a consultation paper (the “Consultation Paper”) to publicly seek market opinions on draft amendments to the Rules Governing the Listing of Securities on the Exchange (the “Listing Rules”). The amendments aim to promote and implement a listing regime for special purpose acquisition companies (“SPACs”) in Hong Kong ...
Mayuree Sapsutthiporn, Partner and Head of China Practice of Kudun and Partners, and Wu Xiaomin, Manager of China Practice, were invited as guest speakers to share their insights on the “Main Legal Issues And Risks Chinese Enterprises Need To Be Aware of When Doing Business In Thailand” held by China Council for the Promotion of International Trade (“CCPIT”), and other related organizations ...
Thanyaluck Thongrompo, partner of Kudun and Partners, was invited to be a speaker at the Faculty of Law, Maejo University on the topic “International Trade: Regulatory Issues on Import and Export” where she shared her knowledge and experience in handling import and export matters in Thailand. This webinar is a part of the law students’ academic program that focuses on Law of Cross-Border Trade Economics ...
Kudun Sukhumananda, partner and co-head of corporate and M&A Practice, Supatra Kerinsaguna, senior associate, Koraphot Jirachocksubsin, lead associate of digital law practice and Suchaya Tangsiri, lead associate of startup practice were invited to speak at the Faculty of Law, Chulalongkorn University on the topic “Legal Accelerator for Innovation Commercialization” which focuses on digital law, digital asset, corporate law and regulations including M&A transaction ...
Special Economic Zones (“SEZs”) are geographically designated areas within a country that are set aside for specifically targeted economic activities, supported through special arrangements (that may include laws) and systems to promote industrial development. An SEZ is meant to be an economic development tool to promote rapid economic growth by using various support measures to attract targeted foreign and domestic investments and technology ...
On April 29, 2022, the National Information Security Standardization Technical Committee issued for public comments a draft of the Technical Specifications for the Certification of Personal Information Cross-border Processing (the “Draft Specifications”) ...
Inland ports are of significant importance for handling of freight. Most inland ports are trimodal (road, railways and waterways) and have the necessary infrastructure to handle freight coming from all over the world. Recent State aid measures address the increasing importance of inland ports and allow subsidisation predominantly for constructing infrastructure ...
