Fintech companies and their partners are on alert as a flurry of new state and federal cybersecurity requirements take effect. The New York Department of Financial Services (NYDFS) and the Federal Trade Commission (FTC) both recently finalized changes that will create additional compliance obligations, expand existing regulations to new entities and mandate that banks and fintech firms move quickly to update their cybersecurity policies and incident-response capabilities ...
In the world of privacy and data, after another whirlwind year, what are the safe bets and the long shots for change in 2023? Like the technology driving it, privacy and data law moves fast, and covers many territories, so it’s not always easy to keep track of developments. Long-awaited rulemaking - such as an overarching US federal data protection law – can get stuck in the weeds, while unexpected developments in technology and politics can serve up some complete surprises ...
We have recently seen reports about the unbelievable amount of pressure on the NHS, including inaccessibility to GPs; a high degree of emergency admissions; and bed-blocking within hospitals where vulnerable patients cannot be discharged safely. These factors have exacerbated the pressure on our healthcare system to almost unprecedented levels. Medical technologies or MedTech could be the way forward to ease some of the pressure ...
Looking back at last years’ predictions for 2022, which covered the potential contributions of data, AI and automation, quantum computing, digital health, VC activity and the Future of Work, it is clear to see the tech sector has advanced considerably in the last 12 months. James Klein, head of the technology sector at Shoosmiths, comments on how his previous predictions fared and outlines upcoming trends and developments to expect in 2023 ...
With climate change continuing to be a topic of concern across the international community, Canada has recently taken another step to support the development of renewable energies and technologies. In the 2023 budget tabled on March 28, 2023, the Canadian federal government unveiled new tax incentives aimed at supporting investments in both renewable energies and certain clean technologies. These incentives can be grouped into five main Investment Tax Credits (ITCs) ...
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 ...
After the growth and successes of the tech industry in 2021, James Klein, head of the technology sector at Shoosmiths shares his thoughts on emerging trends and a few areas where we may see developments in 2022. Data Data continues to be a key strategic asset, whether it is in connection with data storage, transfer, protection, processing, security, or capacity issues. Predictive analysis of data is likely to be more pertinent than ever this year ...
On 1 January 2015, an amendment to the VAT Act is to become valid. Its main objective is to implement EU regulations. The main change concerns the place of performance in the case of telecommunication services, TV and radio broadcasting services and services electronically provided to persons who are not obliged to pay the tax. All these services will be taxed in the country of the recipient of the relevant service ...
The past year has seen substantial activity by the federal courts in guarding against government overreach in False Claims Act cases. One of the principal areas courts have focused on is the FCA's knowledge requirement — i.e., FCA liability can only be imposed where a person violates the act knowingly. Two recent decisions, from the U.S. Court of Appeals for the Seventh Circuit and the U.S ...
It is well-known that a solid framework for attracting investment is a key strategy for fostering investments in a sector as big and significant as telecommunications are. As consolidation and M&A activities continue to be looked for in the region, there is an idea that the use of new technology and smart solutions is the best way to gain a competitive advantage over other market participants ...
Ukrainian telecom market has developed gradually from a state-controlled monopoly to a competitive sector. Over the recent years, Ukrainian telecom policy makers and regulator have been striving to establish pro-competitive regulations aimed at liberalizing the telecom market at large. For instance, in 2011, the Ukrainian Parliament abolished licensing of three out of eleven types of telecom services that required a telecom license ...
The internet may be global, but enforcement is always local—and there are plenty of (expensive) ways to find out the wrong way that you should have been doing something where you might not expect it. A typical example is the legal requirement to appoint an EU data protection representative if you’re not based in the EU, or a UK representative if you’re not based in the UK ...
The Bitcoin ‘halving’ event is rapidly approaching, anticipated to occur around the 19th or 20th of April. Currently, there’s an unprecedented level of attention on Bitcoin due to this event. So, what exactly does ‘halving’ entail, and why is there such a buzz surrounding it? The term itself evokes the intrigue of a suspenseful horror film, one that could be straight out of a Stephen King story ...
After not disturbing the Third-Party Doctrine for more than 40 years, the Supreme Court created a significant exception to it inCarpenter v. United States. Slip Op., 16-402 (Jun. 22, 2018). Under the Third-Party Doctrine, individuals who voluntarily provide personal information to third parties are deemed to relinquish their legitimate reasonable expectation of privacy in that information ...
The conversation around Artificial intelligence (AI) regulation is set to go into a “supercharged” phase globally. At least, that’s the conclusion one can’t help drawing from the hype around the UK’s AI Safety Summit, which takes place in early November, and from comments this week by Senate Leader Chuck Schumer around upping the pace of AI regulation in the US ...
As June 2022 approaches, many companies in Thailand are focusing on and racing towards the implementation of compliance mechanisms in advance of the adoption of the Personal Data Protection Act (“PDPA”), Thailand’s new and all-encompassing data protection legislation. This new law will significantly impact businesses that handle personal data. It sets out heavy fines and penalties which will be imposed upon organizations that mishandle clients’ personal data ...
Quick and easily accessible guide for human resource and compliance professionals in the Lao PDR to understand the local data protection requirements. This DFDL infographic provides general guidance to HR and compliance departments as to the different steps employers should consider while collecting, monitoring and storing employees’ personal data to prevent or manage the risk of COVID-19 in the workplace ...
COVID-19 has thrust the world into recession and its rippling effects have given rise to rapid and accelerating changes. Many businesses have moved or expanded into online channels as we collectively begin to embrace and advance headlong into an increasingly digitalized society ...
First proposed more than a decade ago, .XXX top-level domains have now been approved and will be launching shortly. The domains are intended for use by the adult entertainment industry, but for trademark owners in other industries, the potential association of their valuable brands with .XXX domains could have serious consequences. Fortunately, owners of registered trademarks can soon apply to block third parties from registering .XXX domains that contain their marks. The ...
Beginning today, September 7, 2011, owners of registered trademarks can file applications to block third parties from registering adult-oriented .XXX domains that contain their marks. This “Sunrise” period runs through October 28, 2011. Opt-out applications can be submitted using any .XXX accredited registrar. The current list of accredited registrars is available here. Registars’ fees vary but typically range from $200 to $500 per mark ...
Germany. November 9, 1938. Kristallnacht. “The Night of Broken Glass.” Nazi secret police and the Hitler youth swarm over Jewish businesses and homes, terrorizing and victimizing helpless individuals all over the country.1 SS leadership orchestrates attacks on every vestige of Jewish culture as “punishment” for fictitious crimes that will never be recognized by the rest of the world ...
Telemedicine and telehealth are newer and ever-expanding components of health care.[1] There are many viable arrangements for companies who wish to engage in telemedicine and/or telehealth and these arrangements can offer many benefits to the patients they serve. However, companies and licensed individuals who provide services should be careful to understand the state and federal regulatory framework under which they operate ...
I’ve had bad experiences with water. Pouring out of broken washers and gushing from burst pipes, water has repeatedly defied my attempts to keep it contained. But I need water, so I maintain my plumbing, use water sensibly, and, if I suffer a leak, I clean up the mess and go on. Why am I talking about water? Modern businesses need data, like we need water ...
In a precedential decision (June 7, 2016), the U.S. Trademark Trial and Appeal Board (Board) held that when a petitioner files a petition to cancel an existing registration when the registration is less than five years old, the five-year bar in the Lanham Act Section 14 (15 U.S.C. Section 1064) is tolled for the purpose of adding an additional claim against that registration.Ashland Licensing & Intellectual Property LLC v. Sunpoint International Group USA Corp ...
The application of distributed ledger, or blockchain, technology has permeated many industries. Since its debut through cryptocurrency, many companies have embraced its potential and many more are actively identifying and implementing novel use cases. The health care industry is no different, and blockchain technology is currently being used for physician and nurse credentialing, electronic medical records (EMRs), patient engagement, patient identity, and pharma supply chain management ...