E-commerce can take different forms, but for the purposes of this article, we will refer to e-commerce where the contract of sale or of supply of services is concluded by electronic means ...
As a result of the evolution of the international epidemiological situation determined by the spread of SARS-CoV-2 coronavirus and considering the state of emergency declared by Decree no. 195/2020 on the establishment of the state of emergency on the territory of Romania, as well as its extension by Decree no. 240/2020 regarding the extension of the state of emergency on the territory of Romania, the Romanian Government recently issued the Emergency Ordinance no ...
The law is one of the main instruments of social impact, which is particularly evident in the midst of aglobal health crisis, when the situation and applicable regulations are changing every day. New statutes and regulations are key to maintaining the delicate balance between order and chaos, public and private interests, and the common good and individual rights ...
The European Commission recently issued guidelines on mobile applications supporting the fight against COVID-19 in relation to data protection. Mobile applications commonly installed on smartphones can act as a support mechanism for health authorities at the national and EU level in monitoring and managing the ongoing COVID-19 pandemic and are particularly important in easing measures to reduce the spread of the disease ...
As a result of the COVID-19 pandemic, many people have been forced to work from home and this has created new opportunities and very fertile ground for the emergence of cyber threats. Accordingly, on 29 April 2020, the Intermediaries Supervision Department of the Hong Kong Securities and Futures Commission (SFC) issued a circular (Circular) containing examples of controls and procedures firms can put in place to manage their cybersecurity risks ...
Preface Artificial intelligence[1](AI) is widely recognised as one of the defining industrial phenomena of the 21stcentury. In today’s technology-dependent world, its potential impact on business and economic development can hardly be understated ...
The National Privacy Commission (NPC) has issued guidelines on data protection in work from home (WFH) arrangements (NPC PHE Bulletin No. 12 on “Protecting Personal Data in a Work from Home Arrangement; issued May 15, 2020). The full text of the guidelines can be found here: https://www.privacy.gov.ph/2020/05/npc-phe-bulletin-no-12-protecting-personal-data-in-a-work-from-home-arrangement/ ...
Industry solutions relying on artificial intelligence (AI)are growing faster than many had predicted. In addition to the important personal data protection considerations, another important question which this new and emerging technology is raising relates to the AI safety problems and their legal response. So far, the European Union and Bulgaria have not adopted legislation specifically tackling the AI phenomenon and in particular – the safety concerns associated with AI ...
On 26 May 2020, Dubai Economy published the “Post Eid al Fitr” reopening Guidelines which took effect from Wednesday 27 May 2020 and include updates to the protocols for the wholesale and retail trade including salons and barbershops as well as valet parking. The Guidelines also provide tailored reopening protocols for cinemas, kids salons, auction houses, outsourced government service centres, and various entertainment sectors ...
On 28 May 2020 the Federal High Court (Bundesgerichtshof (“BGH”) handed down its judgment in the Planet49 case after a long legal dispute (we have already reported in detail on the previous instances including the judgment of the European Court of Justice). The Federal High Court’s judgement contains a large number of important statements which can only be fully assessed once the written grounds are published ...
The Federal Communications Commission (“FCC”) established the COVID-19 Telehealth Program (the “Telehealth Program”) on April 2, 2020 in response to the COVID-19 pandemic. The Telehealth Program provides $200 million in funding, appropriated by Congress as part of the CARES Act,[1] to assist certain non-profit and public healthcare providers in making telehealth services available to patients who cannot be seen in person ...
On June 11, 2020, the Ministry of Transport and Telecommunications, the Ministry of Economy and the National Consumer Service ("Sernac") announced the implementation of the "I want to exit" platform, in order to enable telecommunications users to terminate contracts with telecommunications service providers in an expeditious manner ...
Many jurisdictions have put in place legislation to regulate merger activities. There have been discussions that it is high time for Malaysia to implement a general merger control regime under the Malaysian Competition Act 2010. As it presently stands, general merger activities which do not fall within two specific sectors (will be discussed below) are not regulated and no prior sanction is required from the Competition Commission before a merger transaction takes place ...
Setting the right standard to ensure compliance with the technical and organizational safeguards for data security required under Art. 32 GDPR is a challenge for many companies when it comes to electronic communications – not least e-mail. The German Conference of Independent German Federal and State Data Protection Supervisory Authorities (DSK) has issued guidance on the topic. The guidance represents a majority resolution of the German states, with Bavaria dissenting ...
On July 3rd, 2020, Supreme Decree No. 18/2020 of the Ministry of Labor and Social Securitywas published,approving the regulation of Article 152 quater M of the Labor Code, establishing specific health and safety conditions at work applicable for employees rendering services in regimes of remote work or telework (hereinafter, the “Regulation”) ...
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”) ...
Today (16 July 2020), the ECJ handed down its long-awaited judgment on the validity of Standard Contractual Clauses in international data transfers (ECJ, judgment of 16 July 2020, case C-311/18). In a surprise move the Court of Justice declared the EU Commission's adequacy decision on the Privacy Shield - the agreement that allows data transfers to certain companies in the USA - to be invalid. On the other hand it confirmed the validity of the Standard Contractual Clauses ...
Thursday 16 July 2020 saw the Court of Justice of the European Union (“CJEU”) issue its decision on the validity of two international data transfer mechanisms - the “Privacy Shield” mechanism, which allowed for transfers between the EU and the US, and the Standard Contractual Clauses (“SCCs”) which are of more general application. Both of these mechanisms were confirmed by decisions of the European Commission ...
On 22 July 2020, data protection authorities from Australia, Canada, Gibraltar, Hong Kong, Switzerland and United Kingdom (together the Authorities), issued an open letter (Letter) on global privacy expectations of video teleconferencing companies (VTC companies)[1]. Why there is such a Letter? As a result of the COVID-19 pandemic, the Authorities have witnessed an increasing use of VTC tools, both in social and business contexts ...
The Baden-Württemberg Commissioner for Data Protection and Freedom of Information (LfDI) has imposed a fine of €1,240,000 on the AOK Baden-Württemberg health insurance provider. The reason? Data processing errors related to prize draws it ran: the health insurance provider had not obtained the valid consent for data processing of prize draw entrants in 500 cases. An internal whistleblower notified the LfDI about the breach ...
With federal privacy legislation stalled and indefinitely delayed, states have moved forward to push an impressive number of privacy laws forward over the last several years. Some of these laws are still relatively obscure, but are being increasingly enforced by state regulators and through litigation ...
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 ...
On August 25, 2020, Board Resolution No. 003-2020-EF/68.0 was published in the Official Gazette “El Peruano”, approving the “Guidelines for the State's response to the potential impacts of the COVID-19 pandemic on Public Private Partnership projects” (the “Guidelines”) ...
On August 26, 2020, Resolution No. 000093-2020-PRE/INDECOPI was published in the Official Gazette “El Peruano”, which adopts the Directive that establishes the procedure for payment of rewards under the scope of Article 28 of the Single Ordered Text of the Law for the Repression of Anticompetitive Conduct (the "Directive" and the "Competition Law", respectively) ...
