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) ...
Parliament has revised the federal telecoms legislation – in particular, the Federal Telecommunications Act (TCA) and its various implementing ordinances. These revised regulations entered into force on 1 January 2021. The revision of the telecoms legislation brings about several fundamental changes that affect consumers as well as telecoms service providers (TSPs) and telecoms operators ...
On 25 September 2020 Parliament approved the final draft of the revised Data Protection Act (rev-DPA).(1) The rev-DPA is expected to enter into force in 2022. However, it is subject to a facultative referendum and the corresponding ordinance will be adapted accordingly – thus, the rev-DPA is still a work in progress ...
On April 29, the Agency for Access to Public Information (the "AAIP") issued a statement through its website informing how personal data should be treated for the use of geolocation tools, especially before the health emergency caused by Coronavirus (COVID-19) In this sense, the AAIP communicates that Law No ...
A picture is worth a thousand words, but what about a drone video? To construction firms and the lawyers who represent them, drones, also known as unmanned aerial vehicles (“UAVs”), enable firms to capture large amounts of high-quality information in a quick and efficient manner ...
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”) ...
On February 13th, 2020 was published in the Official Gazette the “Regulation of the Do Not Disturb or Antispam system”, with the purpose of regulating its existence and functionality. This Regulation seeks to clearly stablish consumer’s and supplier’s rights and duties, as well as the proceedings associated with the Do Not Disturb System, the website tool provided by the National Consumer Service (SERNAC) ...
‘Fake news’ - information or news that is proven to be either verifiably false or misleading - has become a major, global concern. As news and opinion pieces are increasingly pushed to readers via online and social media channels, the speed of their dissemination has accelerated exponentially, as have the challenges around regulating news and opinion ...
The telecommunications sector is nowadays one of those sectors in which its regulation assumes a larger presence and visibility at a national level, as well as at European and international levels. In fact, rare is the week – if not the day – when agents of the sector are not confronted with the adoption, by the different regulatory authorities of the sector, of decisions that have a significant impact for the activity undertaken by telecommunications operators and for market conditions ...
For a decade or more, Meta has been sending Facebook data from European users – in the form of photos, chat, posts, and more – over to its parent company in the US for storage. Since the Snowden revelations, Europe has been aware that this data has been open to US intelligence services on a large scale, without – it says – the protections and accountability afforded to people in Europe ...
Since its enactment on July 1, 2021, the Florida Telephone Solicitation Act (FTSA) has become a significant pain point for businesses, leading to extensive class action exposure, particularly for those involved in telephonic communications. The FTSA, which initially granted consumers the right to take legal action against unwanted calls and texts, led to an influx of over 500 complaints in its first year ...
The Serbian Competition Commission (the "Commission") recently finished sector inquiries concerning quite distinct industries – raspberries and the public procurement for software and hardware. The aim behind the inquiries was to perform extensive market research and analysis in order to acquire a clearer picture of the possible antitrust issues and risks in two sectors widely perceived as strategic for the development of the Serbian economy ...
As of June 13, 2009, Facebook Inc. allows Facebook users to create personalized usernames for their Facebook pages on a first-come, first-served basis. This new username availability now enables users to have their Facebook page and profile at an Internet address in the following format: “facebook.com/user”. Prior to the implementation of this new policy, each user was randomly assigned a unique identification number (for example: id = 123456789) ...
With little regulation, controlling children's access to online content has been left to parents and carers to manage. But now lawmakers around the world are trying to put responsibility into the hands of websites and internet-based service providers. Recent years have seen concerted action aimed at controlling the collection and use of children’s personal data online ...
Promotion of technologies to ease interaction with public entities Government establishes general guidelines for use of digital citizen services, in order to facilitate citizen interaction with public entities. The Ministry of ICT issued Decree 620 of 2020 to establish general guidelines that private (when performing administrative functions) and public entities must follow in the use and operation of digital citizen services ...
As we previously reported, the Protection of Personal Information Act 4 of 2013 (“POPI”) was signed into law in November 2013. Those provisions which deal with the establishment of the Information Regulator came into effect on 11 April 2014. Expectations are that the President will proclaim the rest of the provisions of POPI into effect once the Information Regulator has been established ...
As soon as we began to shelter-in-place during the COVID-19 crisis, most of us also started to hold virtual meetings, both professional and personal, as a better, more satisfying way to connect. For this, we turned en masse to a handful of video conferencing platforms. However, while we can all agree that these services help us do our jobs and stay in touch with loved ones, these services raise many novel privacy and security concerns ...
On January 4, 2022, 13 ministries and commissions, including the Cyberspace Administration of China (“CAC”) and the China Securities Regulatory Commission (“CSRC”), jointly promulgated the Final Measures for Cybersecurity Review (the “Final Measures”). The Final Measures are binding and will become effective on February 15, 2022 ...
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 ...
He may be a knight, one of the most successful music artists and a noted viniculturalist, but Sir Cliff Richard is not resting on his laurels. Add legal reform campaigner to this list as the Peter Pan of Pop leads the quest to change UK copyright law.Copyright can be deceptively simple on the face of it, but scratch the surface and you reveal the complexity of co-existing legal rights. Take Sir Cliff's 1959 best selling single 'Living Doll' ...
There was considerable anticipation regarding whether the negotiations would be successfully concluded during this meeting. Without an agreement, there was a risk of significant delays in the adoption of the framework. This was undesirable for EU institutions that have invested considerable prestige in leading the regulation of AI globally. Read more about the most contentious issues leading up to the last negotiation meeting in this article ...
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 ...
Shoosmiths explore the need for regulation in the evolving landscape of Web 3.0 and the Metaverse, focusing on recent approaches to regulating emerging technologies, and the importance of striking a balance between flexibility and effective safeguards. At a Web 3 ...
