In many aspects, the Personal Data Protection Act B.E. 2562 (2019) (the “PDPA”) has posed considerable challenges to organizations. One of the biggest concerns and the most frequently asked questions center around the concept of data protection officer (“DPO”). Though the obligations regarding the appointment of a DPO apply to both data controllers and data processors, it is important to note that not every organization needs a DPO ...
For the past 25 years, Peru has been undergoing comprehensive economic growth, followed by a modernization and development process, which includes the establishment of a reliable legal framework geared towards maintaining the stability required to promote private sector activity and investment. This continuous growth has been the best incentive to attract substantial foreign investment in various industries ...
Financial ServicesTransition from LIBORIn this article, Krystle Lui Shu Lin reports on the transition from LIBOR rates to risk-free rates ...
At the end of November 2020, the European Commission published a plan for getting the EU out of the mess that it’s in as a result of COVID-19. The report is entitled “.” Although the report is aimed at European authorities and businesses, there are aspects of the plan that have general application ...
On 29 June 2021, the Royal Government of Cambodia (“RGC”) implemented ‘Round 9’ of measures aimed at mitigating the impacts of COVID-19 on businesses and workers in Cambodia. The RGC noted that COVID-19 situation continues to evolve alarmingly with the recent mutation of the virus, which has added socio-economic pressures to many countries around the world ...
In this article first published by The Federation of European Independent Financial Advisers, Jacqueline Moore, Head of Immigration, explains a time-limited opportunity for certain family members of British citizens to utilise a route known as “Surinder Singh”. Prior to Brexit, European free movement allowed British citizens to live and work in the EU without restrictions ...
A recent fine of €525,000 by the Autoriteit Persoonsgegevens (AP), the Dutch Data Protection Authority, has focused attention on one of the least discussed provisions of the GDPR – Article 27. This provision requires those who are subject to the GDPR but who do not have a base in the EU to appoint an EU representative to act as a point of contact for supervisory authorities such as the AP and individuals (data subjects) within the EU ...
In our third quarterly case law update for 2021, we look at some of the key cases published since April 2021 and consider the lessons we can learn from them. Health and Safety Related Dismissals Over the past six months, we have seen the emergence of a series of cases related to health and safety dismissals. Unsurprisingly, several of these relate to Covid-19 ...
In the first article of this three-part series we looked at the future of personal transport. In this second piece, we turn to consider mass public transport and how it could play a significant part in the future of commuting. Birmingham is beginning to make substantial changes to its transport infrastructure, but are the changes big enough? The Metro Opened on 30 May 1999, the West Midlands Metro provided a link between Wolverhampton and Birmingham ...
Thailand’s Personal Data Protection Act B.E.2562 (“PDPA”) governs the cross-border transfer of personal data. The PDPA sets out a condition, among other things, that personal data may be transferred to another country or to an international organization (the “Recipient”) provided that they have in place an adequate level of personal data protection according to the adequacy decision as decided on by the Personal Data Protection Committee ...
When Oregon Occupational Safety and Health (Oregon OSHA) adopted permanent rules related to COVID-19 back in May 2021, it did so with the caveat that it would repeal the rules once it determined that they were no longer necessary to address the pandemic. As of June 30, 2021, Oregon OSHA has formally removed the facial covering and physical distancing requirements for most workplaces under Oregon OSHA’s jurisdiction ...
The ASA has taken further steps in their battle against influencers that fail to disclose when they are advertising to consumers on their social media channels. The ASA has taken further steps in their battle against influencers that fail to disclose when they are advertising to consumers on their social media channels ...
In our previous article we set out what kind of information needs to be disclosed for it to qualify as a protected disclosure. Here we look at another key requirement, that the person making the disclosure reasonably believes it is in the public interest. What is (or is not) in the ‘public interest’ is not defined in legislation, and subsequently it can be difficult to determine ...
Half a decade after the Brexit vote and just before the interim solution was about to run out, the European Comission has (finally) confirmed that the UK is regarded as 'adequate' for data protection purposes. Here's what you need to know. For those not too familiar with the terminology of ‘adequacy’ it all sounds a tad underwhelming ...
On 15 June 2021, the Competition and Markets Authority (CMA) announced a market study into Apple’s and Google’s mobile ecosystems. A market study allows the CMA to examine if a market is working well and if not, provide further actions necessary to address the concerns that are raised ...
There are plenty of articles which set out the "hard facts" of Freeports - the locations, tax benefits etc. - but are we all missing the real point? One of the key objectives of the UK government was to "create hotbeds for innovation" ...
Litigation between the Associated General Contractors of America (AGC) and the Small Business Administration (SBA) may be nearing an end (The Associated General Contractors of America, Inc. vs. United States Small Business Administration, et al.,United States District Court for the District of Columbia). AGC initially filed a lawsuit against SBA in December 2020, challenging the introductions of Form 3509 and Form 3510 (Loan Necessity Questionnaires) in October 2020 ...
With the third wave of COVID-19 in full swing in South Africa, it has never been more important for South African employers to anticipate and prepare for the various COVID-19 related disputes that may lie ahead. It is vital to learn from the challenges already confronted by employers worldwide concerning issues such as vaccination, occupational health and safety, and flexible working arrangements and their approaches to such matters ...
On March 11, 2021, Christie’s auction house made a landmark sale by auctioning off an entirely digital artwork by the artist Beeple, a $69 million transaction in Ether, a cryptocurrency.1 In doing so, the famous auction house put non-fungible tokens (“NFT”), the product of a decentralized blockchain, in the spotlight ...
On June 23, 2021, the Department of Telecom (“DoT”) released revised regulations relating to Other Service Providers (“OSP”) replacing the previous OSP regulations that were issued last year. This client update provides a summary of key issues that have been addressed by the new regulations. SUMMARY OF NEW OSP REGULATIONS Effective Date. The regulations are stated to come into force immediately ...
A primer on burgeoning crypto-asset regulation in Cyprus In Cyprus, the Prevention and Suppression of Money Laundering and Terrorist Financing Law, L188(I)/2007 (the “AML Law”) was amended earlier this year through L13(I)/2021 (the “Amending Law”), in order to harmonise domestic legislation with the provisions of the 4th and 5th AML Directives (Directives (EU) 2015/849 and 2018/843) ...
In a case concerning the validity and effect of certain deeds relating to pension increases, the High Court has handed down its judgement. The case also considers the application of scheme forfeiture clauses to arrears of underpayments. The case, concerning the Axminster pension scheme (‘Scheme’), was brought by the Scheme’s independent trustee. Many of the original issues were compromised by the parties, meaning that the court was asked to approve the compromise ...
Starting around October 26, 2020, the Small Business Administrations (the “SBA”) asked Paycheck Protection Program (“PPP”) lenders to provide certain questionnaires to PPP borrowers with loans of $2 million or greater. There are two questionnaire forms on the Treasury: Form 3509 for for-profit borrowers and Form 3510 for non-profit borrowers ...
If you work in the Telephone Consumer Protection Act (TCPA) space, you are certainly aware of the landmark unanimous decision by the United States Supreme Court in Facebook v Duguid[1], in which the Court narrowed the definition of an automatic telephone dialing system (ATDS) to equipment that has the capacity to either store or produce numbers using a random or sequential number generator. On its face, this decision seemed benign (the definition of an ATDS is unchanged) ...
Birmingham - the nation’s second city and one that has changed greatly over the last twenty years. One thing that has not changed, however, is that Birmingham is a big polluter. Continuing growth, both in terms of the population and economy, has left the air quality in such a poor state that Birmingham City Council estimates up to 900 people per year die from diseases associated with air quality ...
