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Carey | May 2023

The latest reforms to Law No. 19,496 Consumer Protection Act, introduced mainly by the "Pro-Consumer" Law and the E-Commerce Regulation, will force companies to be more vigilant in the 2023 version of CyberDay. During the event, which will be held from May 29th to 31st, the National Consumer Service ("SERNAC") will be supervising that companies comply with their e-commerce obligations ...

Mamo TCV Advocates | May 2023

  Open Finance is becoming a pivotal element in the evolution of the European Union’s regulatory framework for payment services, most notably embodied in the anticipated Third Payment Services Directive (“PSD3”) ...

In a welcomed change to a class certification process that has long favored plaintiffs, the Sixth Circuit’s May 19, 2023 decision in Clark/Holder v. A&L Homecare and Training Center, LLC adopts a new standard for certifying Fair Labor Standards Act collective actions. In doing so, the Sixth Circuit becomes just the second appeals court to reject district courts’ use of the common two-step procedure for collective action certification ...

Shoosmiths LLP | May 2023

Two months ago, we published an article speculating how the UK government may look to regulate generative AI such as OpenAI’s ChatGPT and Google’s Bard, as part of its broader approach to AI regulation in the UK. On 29 March 2023, the government unveiled its White Paper entitled ‘A pro-innovation approach to AI regulation’ ...

Afridi & Angell | May 2023

In the last few months, the UAE authorities have introduced a number of measures intended to increase the number of UAE nationals who are employed in the private sector. The Emirati Cadres Competitiveness Council (Nafis) program, originally established in 2016 with the aim of attracting UAE nationals to the private sector, has been reinvigorated ...

Shoosmiths LLP | May 2023

Progression of developments in technology have always led to impacts on the general workforce. With increased international focus on the speed of AI development and use, what could the impacts be of AI be on today’s workforce? The BBC have recently covered that “a March 2023 report from Goldman Sachs estimated that AI capable of content generation could do a quarter of all the work currently done by humans ...

Shoosmiths LLP | May 2023

The wait is finally over as the Digital Markets, Competition and Consumers Bill (Bill) passes through Parliament with aims of introducing numerous protections for consumers, including powers to clamp down on fake reviews. The pandemic was the catalyst in the rise of online shopping meaning that consumers rely heavily on online reviews, more so now than they used to ...

Shoosmiths LLP | May 2023

The Chartered Institute of Personnel and Development (CIPD) has issued a report which provides guidance on supporting employees who are experiencing fertility issues. The report surveyed 300 workers who experienced difficulties with fertility while in employment within the last five years, as well as over 2,000 senior HR professionals and decision makers ...

SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) has just published the SyCipLaw TMT and Data Bulletin covering significant Philippine legal and regulatory developments in the technology, media, telecommunications and data space, from late 2022 to the first quarter of 2023. It also notes links to podcasts and materials relating to TMT and dataPLUSa commentary on whether AI can replace a local counsel ...

Shoosmiths LLP | May 2023

We look at what employers should consider when dealing with a data subject access request ('DSAR') made when tribunal proceedings are involved. The obligations to comply with a DSAR and disclosure in litigation are governed by two distinct processes. DSARs As part of their privacy rights an employee has the right to request from their employer a copy of their personal data, through making a DSAR ...

Mamo TCV Advocates | May 2023

  In the Industrial Tribunal case with number 3945/CC, the applicant, a Chief Operating Officer and Director, engaged with Amicorp Fund Services Malta Ltd, was dismissed by means of a letter of termination due to the fact that, according to the defendant company, he was not properly performing his functions. The Tribunal commented that the case was a particular one since it dealt with senior management, in which cases usually an amicable termination is arrived at ...

ENSafrica | May 2023

Gone are the days when satellite communication was limited to those brick phones with long antennas. Satellite communications services are gaining traction globally as they offer alternative ways of connecting end users to the Internet and other related communications services. However, as electronic communications services via satellites become more popular and accessible, service providers are met with regulatory challenges ...

ENSafrica | May 2023

Have you ever browsed one of your favourite online retail platforms and noticed an entirely new clothing collection launched by the brand for your metaverse avatar? In February of this year, we stumbled upon Zara’s Valentine’s Tale range. The collection comprised 22 digital assets which included necklaces, earrings, rings and bags that could be purchased for your avatar through Zepeto, which is Asia’s largest metaverse platform ...

Carey | May 2023

The Financial Market Commission ("FMC") has announced a process of consulting roundtables for the implementation of Law No. 21.521, known as the "Fintech Law" (Fintech in Spanish). Last May 15, an informative webinar was held where the CMF informed about the general guidelines for the operation of the consulting roundtables that will address aspects of the implementation of the Fintech Law. The FMC authority to carry out this process comes from Article 20 of Law No ...

Shoosmiths LLP | May 2023

On 10 May 2023, the government announced its proposals for reforming employment law post-Brexit in its policy paper, Smarter Regulation to Grow the Economy, the main headline of which was the decision to reverse the sunset date from the Brexit Bill. The new policy paper sets out the first series of reforms in the government’s vision for a post-Brexit world and in particular focuses on how current EU derived regulations can be improved to reduce burdens on businesses ...

Shoosmiths LLP | May 2023

We hear so much about the rights of working families, but what about those who do not have children? Should employees without children be entitled to an equivalent form of ‘parental’ leave? We consider this question and how such leave could be managed. What is the position for parents? Parental leave is a form of statutory leave that allows working parents the right to take unpaid time off work to look after a child or make arrangements for their welfare ...

Shoosmiths LLP | May 2023

Although NFTs have existed for a number of years, and have changed the world of merchandise and art, it is worth considering how intellectual property (IP) rights interplay with this asset class. This article considers NFTs in their component parts with a view to understanding how IP law, and specifically the areas of copyright and trade marks, apply.  What is an NFT? An NFT stands for non-fungible token and is a digital asset with a unique digital identifier, recorded on a blockchain ...

Shoosmiths LLP | May 2023

For those experiencing infertility, the impact on their mental and emotional well-being can be extremely detrimental. This week is Mental Health Awareness Week and we consider what employers can do to provide additional support. Recent years have seen an increased focus on mental health and well-being within the workplace - particularly following the COVID-19 pandemic ...

Shoosmiths LLP | May 2023

After just over a week of waiting, the Government yesterday confirmed that the plan to throw some 4,800 pieces of Retained EU Legislation (“REUL”) onto the bonfire at the end of this year has now been scaled back. Instead we will only lose in the region of 500-600 pieces of legislation, with all remaining REUL becoming English Law ...

Asters | May 2023

On February 23, 2023, the Parliament adopted a new  Law of Ukraine "On Collective Agreements and Contracts"  (hereinafter - the " Law" ). Most of the provisions of the Law enter into force 6 months after the termination or cancellation of martial law, but we can understand what new this act offers now ...

By imposing the obligations, the regulation aims to end unfair practices and conduct which is harmful to competition and end users by the companies acting as gatekeepers in the online platform economy. Under the DMA, a firm will be considered as a designated gatekeeper if three criteria are met. First, the company must have a significant impact on the European market which is determined by the company’s turnover ...

ENSafrica | May 2023

The Metaverse, retail and brand protection When first confronted with concepts such as cryptocurrencies and NFTs, it took most of us quite some time before we felt it was “safe enough” to make our first online purchase.  For some, it was a case of calling a friend to find out if their experience was legitimate before taking that leap!  Well, safe to say this is no longer the case ...

ENSafrica | May 2023

With cloud technology becoming increasingly important, data centres provide services critical to many businesses. Given the strategic value of data center to digital transformation, it is essential that data center vendors have a clear plan to manage the risks they face. What are some of the key risks for data center vendors Security Digital and physical security risks have been listed as the top 5 data center security risks for 2023 ...

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