Effective earlier this year, the UK Consumer Contract Regulations came into force, replacing the prior law on distance selling. Ecommerce businesses selling to UK customers will now need to review and update their sales process, terms and conditions of sales and refund policies to comply with the new regulations. The Regulations were designed to implement […]
27
Mar
Mar
Business organizations do and should have big worries about data security. The potential losses to business and reputation by a breach of data privacy can be significant enough to have to shut the doors for good. But while data privacy and data security may weigh heavily on the minds of the organization’s leaders, employees usually […]
12
Feb
Feb
The powerful nature of the GDPR has instilled fear among businesses across the globe. As most companies rush toward compliance, some try to hide behind others. Just weeks after the GDPR came into effect, the European Court of Justice (ECJ) decided a case that made clear that businesses cannot avoid liability by hiding behind other […]
07
Feb
Feb
Global business means global contracts. Each of the parties are resident or domiciled in different countries. As laws and legal language differ from country to country, contracts need to reflect language that accommodates and clarifies provisions that might not be familiar in that foreign jurisdiction. In addition, the cost of litigating in a foreign jurisdiction […]
03
Feb
Feb
What to do in a No-Deal-Brexit Scenario What happens to your GDPR Compliance Program in the event that the UK leaves the EU without striking an agreement with the EU. Here is a summary of actions you will likely need to take, followed by a more detailed explanation. Revise your standard contractual clauses for transfers […]
30
Jan
Jan
This isn’t the first time we’ve addressed Canada’s increasing concern for personal privacy and data security, as expressed in legislation. In particular, the Canadian Anti-Spam Legislation (hereinafter “CASL”) has finally come into effect, and we’re learning about it as Canadians, and those who advertise to Canadians spend time with the CASL. CASL impacts those who […]
17
Dec
Dec
Often when negotiating a contract, the parties are on friendly terms and understand the intention behind each provision whether express or implied. The difficulty lies somewhere down the road should the parties dispute the meaning of one or more of those terms. When drafting a contract, you should be keenly aware that it will likely […]
12
Dec
Dec
The lack of a cohesive body of data privacy and security laws in the U.S. created problems with transfers of personal information from EU citizens held by U.S. companies. Thus, the EU-U.S. Safe Harbor was created and is administered by the U.S. Department of Commerce. Under the Safe Harbor, U.S. companies could self-certify their compliance […]
21
Nov
Nov
The Notifiable Data Breaches (NDB) scheme went into effect on February 22, 2018. This requires agencies and organizations in Australia that are covered by the Privacy Act to notify individuals whose personal information is involved in a data breach that is likely to result in “serious harm” as soon as practicable after becoming aware of […]
02
Oct
Oct
As the trade tensions rise between the United States and China, Japan and the EU signed a “reciprocal adequacy agreement” that recognizes each other’s data protection regimes as equivalent, which will allow personal data to flow safely between them, creating the world’s largest region of secure data flows. Why is this agreement so important? Cross-border […]
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