Governments around the world are thinking about encouraging data sharing on a larger scale by using regulation. In the EU we have the EU Data Act, which will take effect in 2025 so is fast coming around the corner. It’s a juggernaut, and once it hits things may never be quite the same again. So what effect will it have? A recent CJEU ruling illustrates some of the problems it is likely to cause ...
MEPs in Strasbourg have overwhelmingly (523 - 46) now approved the EU’s AI Act. It heralds the long-awaited arrival of what is the first globally significant attempt at a standalone regulatory framework for artificial intelligence systems ...
Recently, Dinsmore attorneys attended the Federal Trade Commission’s eighth annual PrivacyCon: a conference for regulators, researchers, industry representatives, consumer advocates and other stakeholders to gather and discuss trends in consumer privacy and data security. The Federal Trade Commission (FTC) is the federal independent agency charged with regulating and enforcing anticompetitive, deceptive and unfair business practices ...
The conference earlier this week, looked at the broad theme of how the next Government can use technology to “build a better Britain”, exploring the key policy priorities of the UK tech industries with a general election expected by the autumn. The sold-out event, which attracted over 200 attendees, coincided with the publication of TechUK’s UK Tech Plan, setting out seven tech priorities for the next Government ...
Introduction Following the issuance of Consultation Paper 3 of 2023 and the consultation process that followed, on 2 October 2023 the Abu Dhabi Global Market (ADGM) enacted the DLT Foundations Regulations 2023 (theRegulations), aimed at providing a regulatory framework for the creation and operation of specialised foundations for distributed ledger technology (DLT) and decentralised autonomous organisations (DAO) ...
The Ohio Supreme Court upheld a temporary Ohio law providing that income earned by remote workers would be taxed by the municipality that was their principal place of work, rather than the municipality where they actually performed remote work during the COVID-19 emergency period. The 5-2 decision in Schaad v. Alder, Slip Opinion No. 2024-Ohio-525, came on February 14, 2024 ...
Norwich Pharmacal applications against BVI registered agents: BVI Commercial Court provides new guidance In its recent judgment, the BVI Commercial Court has provided clarification and guidance on Norwich Pharmacal applications against BVI registered agents ...
Regardless of an organization's scale, cyberattacks and other cybersecurity incidents, such as data loss or merchant/vendor incidents, pose a significant threat to businesses globally. A quick search online easily identifies current cyberattacks being unleashed against corporations operating in today’s global economy including American Express and Change Health ...
The Law Commission recently announced that it has commenced a three-year review of existing legal frameworks to identify the challenges and opportunities linked to the introduction of highly automated systems into the aviation sector. Such systems could include autonomous drones that can deliver goods to remote areas and pilot-less flying taxis that can transport people across urban environments ...
The government’s push to drive down net migration figures has been well documented. 2024 will see a raft of changes aimed at reducing this figure from the 745,000 that was recorded for 2022. Whilst there is no doubt that the changes will result in reduced migration, it will also make things more difficult for sectors that rely on the sponsorship system to fill vacancies in areas where there are skills shortages in the resident labour market ...
On March 8, 2024, just days before it was set to take effect, U.S. District Judge J. Campbell Barker of the Eastern District of Texas vacated the National Labor Relations Board’s (“NLRB’s”) recent rule on determining the standard for joint-employer status. The NLRB issued the rule on October 26, 2023. It established a seven-factor analysis, under a two-step test, for determining joint employer status ...
Muted voices: can beneficiaries of a STAR trust be empowered to play "devil's advocate" In In the Matter of the G Trust[1] the Grand Court of the Cayman Islands was asked by the trustee of a Cayman STAR trust to give directions in relation to the question of who should participate, and in what capacity, in an application for rectification of a deed supplemental to the trust (the "rectification application") ...
Succession of digital assets in Guernsey What are digital assets? The term "digital assets" does not yet have a legal definition in Guernsey but it can broadly be understood to mean any asset that is represented digitally or electronically.[1] Digital assets include: cryptocurrencies; NFTs; social media accounts; photos, audio files and video stored in the cloud; reward cards/loyalty programmes; online bank accounts; email accounts; eBooks; websites ...
Last month, special counsel Robert Hur issued a report detailing his reasons for declining to charge President Joe Biden for retaining classified documents from Biden's time as vice president. Regardless of one's views on its conclusions and underlying rationale, at least some of the report's significance results from the rare glimpse it provides into prosecutorial decision making. The report was delivered pursuant to special counsel regulations, but the U.S ...
Expanding its ability to detect and pursue security incidents, the Federal Trade Commission (FTC) finalized an amendment to the Safeguards Rule[1] on October 27, 2023 requiring non-banking financial institutions to report certain data breaches. By extending this data privacy protection to customers of all financial institutions, this amendment demands fintech firms across the country revisit their cybersecurity and incident-response policies. I ...
At any hour, your company is vulnerable to cybercriminals aiming to cripple your operations. The repercussions are vast, from productivity loss to compromising sensitive information, which erodes trust with customers and employees alike. The financial toll and reputational harm can be severe and lasting. Whether facing a widespread assault or a precise strike, these attacks are escalating in frequency, sophistication and financial impact ...
The use of AI systems and chatbots by employees and employers is gaining more and more foothold at workplaces. It is relevant for the employer to be aware of the regulation applicable to employees' use of AI systems and chatbots and to ensure that the employer's own use of AI systems takes place within the applicable regulation in terms of employment and personal data law. Use of AI Systems by Employees AI systems and chatbots are useful tools for employees ...
On February 12, 2024, the Court of Appeal of Quebec handed down its decision in Société d?assurance Beneva inc. c. Bordeleau,1 dealing in particular with the burden of proof incumbent on an insurer when it denies coverage on the basis of an insured?s intentional fault, and an award of damages against an insurer for breach of its duty of good faith. The facts This decision was rendered further to a dispute between Société d?assurance Beneva inc ...
Previous European data protection laws only covered controllers of personal data. From 2018 processors can be fined and pay compensation for data breaches in their own right. Is this happening, and what can we learn about managing data processing risks? Looking at GDPR enforcement in the UK and EU, you would be forgiven for thinking that new liabilities for data processors since the advent of the General Data Protection Regulation in 2018 has not made much difference ...
As digital platforms continue to dominate, the gig economy provides jobs that enable flexible working. This article seeks to explore the recent state of play regarding gig-economy working in the UK, and how employers can comply with their obligations. What is the gig-economy? The gig-economy reflects the labour market in which typically short-term jobs are carried out over digital platforms by individuals who can fit such work around their other commitments ...
Russian State Labour Inspectorate (GIT): An employer may impose disciplinary sanction on an employee for disclosing a colleague's salary GIT received a question whether an employer can punish an employee who, ****without the consent**** of a colleague, ****disclosed their salary**** ...
Quebec is a fertile ground for class actions, with over 550 active cases and between 50 to 100 applications for authorization filed each year. While 2023 marked the fifth anniversary of the ?new? class action division: what is there to watch in 2024? Read on to find out. Opioids and the State: Sanis Health v ...
