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Not All Disruptors are Unicorns
TSMP Law Corporation, December 2019

Some are just donkeys with a horn.I will remember 2019 as the year when many unicorns were exposed as donkeys in disguise.Invoking the rarity and mystique of the mythical creature, a “unicorn” is the term the financial market coined for companies worth US$1 billion or more. The year opened with high hopes for such companies that sought an initial public offering (IPO) in the following months...

‘Tis the Season to Be on Heightened Alert: FBI Warns of Targeted Cyber Attacks
Dykema, November 2019

Hackers delight in targeting U.S. companies during the holiday season triggering a year-end spike in cyber-attacks, with Carbon Black reporting a 57.5 percentincrease in attempted cyber-attacks during past holiday seasons. This year we can expect that threat actors across the globe will remain online throughout the holiday season, looking to capitalize on the distraction of the holidays and the increased internet traffic that comes with online holiday shopping...

"Text Me?" Proposed Electronic Disclosure Rule Would Allow Greater Flexibility for Retirement Plans
Hanson Bridgett LLP, November 2019

Under a new proposed rule, certain required disclosures could be provided electronically to all retirement plan participants, including former employees and beneficiaries. On October 23, 2019, the U.S. Department of Labor issued a proposed rule intended to expand the use of internet technology to furnish ERISA-required disclosures to plan participants, and to reduce printing and mail expenses...

IRS Issues New Guidance on Cryptocurrency: Hard Forks and Other Utensils Are Taxable
Hanson Bridgett LLP, November 2019

After sending cryptocurrency enforcement letters in the summer of 2019, the IRS recently issued Revenue Ruling 2019-24 and an accompanying frequently asked questions (FAQs) with additional guidance on the taxation of cryptocurrency. The Revenue Ruling addresses the tax treatment of cryptocurrency "hard forks", where one version of the currency is split from its original ledger and a new version of the currency is created with a new ledger...

New EU Directive on Cross-border Online Distribution of Television and Radio Programmes
Heuking Kühn Lüer Wojtek, October 2019

Almost at the same time as the much-noticed and controversially discussed Directive on Copyright in the Digital Single Market (see Update IP No. 12: Agreement on the Reform of the Digital Copyright Law) and barely noticed by the public, another European Directive on copyright law was adopted...

New Government Regulation on Organization of Electronic Systems and Transactions
Makarim & Taira S., October 2019

The Government of Indonesia finally issued Government Regulation No. 71 of 2019 on Organization of Electronic Systems and Transactions ("GR 71/2019") on 4 October 2019, gaining momentum as the country sees the rise of ‘Unicorns’ and President Joko Widodo boasting about the country’s digital economy. GR 71/2019 replaces Government Regulation No. 82 of 2012 with the same title and came into force on 10 October 2019. GR 71/2019 has 11 chapters and an extensive scope...

Facebook May be Required to Seek and Erase Illegal Content Worldwide
Heuking Kühn Lüer Wojtek, October 2019

The Court of Justice of the European Union (ECJ) has ruled, upon submission by the Austrian Supreme Court (Oberster Gerichtshof, OGH), with the decision of 3 October 2019 (Case C-18/18), that hosting providers, in this case Facebook, may be required by a court to seek and erase content which is identical or, under certain circumstances, equivalent to information previously found to be unlawful...

U.S. Supreme Court Clears the Way for Visually-Impaired to Sue Over Allegedly Inaccessible Websites and Apps
Dykema, October 2019

Yesterday, in a closely-followed case, the Supreme Court decided not to hear an appeal brought by the Domino’s pizza chain, which sought to overturn the Ninth Circuit Court of Appeal’s decision that entities selling online must make their websites and apps accessible to people with disabilities...

CJEU: Pre-checked consent to the use of cookies is inadmissible
Heuking Kühn Lüer Wojtek, October 2019

On October 1, 2019 the Court of Justice of the European Union (CJEU) ruled that pre-ticked boxes do not constitute a valid consent by web users prior to storing cookies on their devices (Verbraucherzentrale Bundesverband e.V. and Planet49 GmbH; Case C-673/17). The decision follows a challenge by the German Federation of the Consumer Organisations against the use of a pre-ticked checkbox which had, by default, consented to cookies on behalf of the user...

Countries Can Order Facebook to Take Down Content and Restrict Worldwide Access
Simonsen Vogt Wiig AS, October 2019

On 3 October 2019, the European Court of Justice (ECJ) published its groundbreaking ruling in case C-18/18 establishing that the EU enables national courts to order information societies such as Facebook to remove defamatory information. This also encompasses equivalent versions of previously declared illegal information. In doing so, the ECJ effectively held that EU law does not preclude injunctions issued by national courts from producing worldwide effects...

Competition Law Implications of Search Engine Advertising and Agreed Negative Listing Between Competitors
Simonsen Vogt Wiig AS, October 2019

There is an ongoing controversy relating to search engine advertising. In particular regarding the legality of purchasing search terms incorporating third-party trademarks. In seeking a reasonable legal standard, this article discusses the latest legal development in trademark, unfair trading practices, marketing, and competition Law...

Indonesia: Regulating the Sale and Provision of Digital Content through Mobile Cellular Networks
Makarim & Taira S., September 2019

With the continuous and rapid advancement of technology and the increase in the use of digital technology, the provision and sale of digital content has become more and more appealing. This is evident from the emergence of a plethora of businesses the activities of which include engaging in the sale of digital content such as video games, ring back tones, music and videos as well as the rise in the demand for digital content sold through mobile phones...

Presumption of Urgency of Section 12 (2) UWG (Presumably) Not Applicable to Proceedings Under the GeschGehG
Heuking Kühn Lüer Wojtek, September 2019

In its decision of 8 August 2019 (Ref.: 29 W 940/19), the Munich Higher Regional Court commented for the first time on the German Act on the Protection of Business Secrets (GeschGehG). In court proceedings in which claims arising from the law which came into force at the end of April 2019 are asserted, urgency should not be presumed pursuant to Section 12 (2) German Law against unfair competition (UWG) (analogously)...

Embedding "Like" Buttons: What are the GDPR Consequences for Website Operators after the Fashion ID Ruling?
ALTIUS/Tiberghien, September 2019

 A website operator who has embedded a Facebook “like” button on its website qualifies as a “joint controller” together with Facebook and so can be held liable for the collection and transmission of data from the operator’s website visitors to Facebook.  Background Fashion ID is a German online clothing retailer. Its website contained the famous Facebook ‘Like’-button...

Back to School with Data
COBALT, September 2019

One of the latest and widely discussed GDPR fines in the amount of approximately EUR 20,000 was imposed in Sweden for face recognition in schools. The municipality tried using the new technology to make monitoring the attendance of schools easier. Nevertheless, it failed to ensure a legal basis and proper impact assessment for such data processing...

The New Regulation on E-Litigation
Makarim & Taira S., September 2019

The rapid development of technology in the modern era has required more effective and efficient case and court administration services. In addition, Article 2 (4) of Law Number 48 of 2009 on Judicial Powers requires the justice system to be simple, quick and low cost. For this reason, the Indonesian Supreme Court saw a need to reform the administrative and justice system in order to overcome the existing obstacles and challenges of administering the justice system...

Foreign Filing Licenses - Timeline and Strategy
Kochhar & Co. Advocates & Legal Consultants, September 2019

Indian patent law does not permit the filing of patent applications outside the territory of India unless a patent application is filed in India first. The Patent office examines the application to ensure that it does not fall under the defence sector or has any relation to atomic energy...

What's in a Name?
TSMP Law Corporation, September 2019

A rose, said Shakespeare, by any other name would smell as sweet. But while the Bard may know his flowers, he clearly was no expert on branding Apples.   Rodrigo Duterte, the Filipino president, would like to change his country’s moniker “because the Philippines is named after King Phillip”. He appears to be eager to distance his nation from its colonial past, the said monarch being a 16th century ruler of Spain...

The Chargeback of the Salvadoran Consumer Law
Consortium Legal - El Salvador, August 2019

As of August 7th, 2018, the amendments of the Consumer Protection Law (CPL), which includes for the first time, the consumer protection in the field of electronic commerce (e-commerce), taking that as the contracting process or the goods, services and commercial information trading through data communication webs...

The Permissibility of GPS Tracking from a Compliance Perspective
Heuking Kühn Lüer Wojtek, August 2019

Strict data protection requirements apply to the use of location tracking systems both in the employment context and in cooperation with other companies. In its partial judgement from March 19, 2019, the Lüneburg Administrative Court ruled in compliance with the provisions of the General Data Protection Regulation and the new Federal Data Protection Act (BDSG) that unrestricted tracking of employee vehicles is impermissible...

First False Claims Act Settlement Over Flawed Cybersecurity Could Be a Harbinger of the Future
Dinsmore & Shohl LLP, August 2019

In what appears to be a first under the False Claims Act, a case based on flawed cybersecurity has been settled, for nearly $9 million. On July 31, 2019, the Attorney General of New York announced that, alongside the U.S. Department of Justice, New York, eighteen other states, and the District of Columbia have reached an $8.6 million settlement with Cisco Systems, Inc. (“Cisco”) over sales of surveillance video software allegedly vulnerable to hacking...

The IRS is Coming for Your Cryptocurrency
Hanson Bridgett LLP, August 2019

This summer, the IRS significantly increased its efforts to police the taxation of Bitcoin, Ethereum, and other similar cryptocurrencies. On July 26, 2019, the IRS announced that it had begun sending letters to taxpayers who potentially failed to pay cryptocurrency taxes associated with digital currency transactions or failed to properly report those transactions. By the end of August, the IRS anticipates that it will have sent over 10,000 letters to taxpayers...

CJEU Judgment on the Facebook Like Button - A New Chapter of Joint Controllership
Heuking Kühn Lüer Wojtek, August 2019

The Court of Justice of the European Union ("CJEU") published its long-awaited decision on the use of the Facebook Like-Button on July 29, 2019 (Case C-40/17). One major aspect of the judgment is the question to what extent Facebook and website operators who incorporate the Like-Button into their website are joint controllers under European data protection law. As a result, the CJEU affirms this question and takes a firm stand on the conditions for joint controllership...

Proposed New DIFC Data Protection Law
Afridi & Angell, July 2019

The DIFC Authority has proposed the enactment of legislation (the Proposed Law) to replace its current Data Protection Law, DIFC Law 1 of 2007 (as amended) (the Current Law). The Proposed Law is the subject of Consultation Paper 6 of 2019, which is presently posted on the DIFC website for public comments to be provided by 18 August 2019...

Draft Bill on IT Security Law 2.0
Heuking Kühn Lüer Wojtek, July 2019

There has been intense work on the IT security law 2.0 since the “German doxing case" of late 2018/early 2019 when large volumes of data of German celebrities and politicians were published. This bill will significantly extend the importance and the competences of the Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik (“BSI”) in information technology...

 

 

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