Irish High Court Rejects Data Protection Commissioner’s Objection To Copyright Infringement Graduated Response System
On June 27, 2012, Mr Justice Charleton gave his decision in the judicial review action taken by the Irish recording companies to prevent the graduated response system (GRS) agreed with eircom, the largest internet service provider in Ireland, being shut down as illegal…
ANALYSIS: The UK Bribery Act and U.S. Foreign Corrupt Practices Act: Traps for the Unwary in Corporate Transactions
August 13, 2012 by GlobalLaw
Filed under Financial Services
Enforcement authorities and legislators in many countries have focused with renewed vigor during the past few years on seeking to investigate and prosecute bribery – in particular, bribery involving public officials. Commercial bribery also is prohibited in many countries, although there does not appear to have been a similar increase in the number of enforcement actions focusing on commercial bribery…
ANALYSIS: The U.S. Foreign Corrupt Practices Act and Overseas Environmental Crimes: How Did We Get Here and What Happens Next?
July 16, 2012 by GlobalLaw
Filed under Environment
The regulation of natural resources by developing countries, including through limits on the harvesting of local fish or the extraction of lumber, has evolved into a major new risk area for a wide range of companies. Inconsistent or ineffective local enforcement, cultural expectations of bribery, and the huge profits at stake are adding up to increasingly high levels of risks of concurrent violations of environmental and anti-corruption laws.
ANALYSIS: Hungary’s New Data Protection Authority Issues First Report, First Publicly Available Decisions: High Fines, High Legal Risks
Effective January 1, 2012, a new data protection authority was established in Hungary 1 by Act No. CXII of 2011 on information self-determination and freedom of information (“Information Act”) 2 (see analysis by the author at WDPR, November 2011, page 4). The new National Authority for Data Protection and Freedom of Information (Hungarian acronym: NAIH) already published its first report, on March 30, 2012, …
U.S. SEC Sues Deloitte’s Shanghai Affiliate in First Sarbanes-Oxley Section 106 Action Against Foreign Firm
May 14, 2012 by GlobalLaw
Filed under Financial Services
The Securities and Exchange Commission May 9 sued Deloitte Touche Tohmatsu’s Shanghai affiliate for allegedly “willfully” failing to provide documents to the agency regarding a client under SEC investigation (In re Deloitte Touche Tohmatsu CPA Ltd., SEC, Admin. Proc. File No. 3-14872, 5/9/12).
India’s Chemical Ministry Proposes Plan to Revise Laws More in Line With EU’s REACH
April 16, 2012 by GlobalLaw
Filed under Environment
MUMBAI—India’s Ministry of Chemicals and Fertilizers has proposed a national chemical policy that would create a REACH-like law to govern the safe use of chemicals while consolidating the various acts and rules currently governing the sector.
ANALYSIS: Tackling Twitter And Facebook Fakes: Identity Theft In Social Media
With over 300 million and 500 million users across the globe, respectively, Twitter and Facebook are in high demand. Equally demanding are the legal challenges both companies face. Much of the legal discussion around these sites today focuses on a key concern: fraud
ANALYSIS: China’s New Internet Rules Include Key Provisions On Personal Data Protection, Information Security, Data Leaks, And Fines
China’s Ministry of Industry and Information Technology (“MIIT”) recently promulgated “Several Provisions on Regulating the Market Order of Internet Information Services” (“the Provisions”) to ensure a level playing field for website operators in China and to enhance protections for internet users in areas such as internet security, web advertising and data protection. The Provisions came into effect on March 15, 2012.
Anxiety Grows As Enforcement Grace Period Nears End For South Korea’s Strict New Privacy Law
Apprehension among businesses about what they must do to comply with Korea’s new “strictest in the world” data protection law is growing as the end of a six-month enforcement grace period looms March 31, panelists said March 8.
Dutch Increase Penalties For Non-Notification Of Personal Data Processing, Abolish Cross-Border Data Transfer Permit Requirement
Companies that process personal data (for example, on employees or customers) risk a higher monetary fine under criminal law as from February 9, 2012, if they deliberately fail to comply with requirements, including the notification obligation.