Following the judgment of the Court of Justice of the European Union of 22 November 2022, access to the Luxembourg register of beneficial owners website via the internet has been temporarily suspended. This judgment, taken on a preliminary ruling from the Luxembourg District Court in a dispute between the beneficial owners of an entity registered in Luxembourg and the Luxembourg Business Register, underlines that access without distinction of user quality, although imposed by the text of Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing transposed into Luxembourg law, is contrary, in particular, to Articles 7 and 8 of the Charter of Fundamental Rights of the European Union.
Companies around the world have to comply with the Virginia Consumer Data Protection Act (VCDPA) with respect to personal data of consumers in Virginia. With the VCDPA, Virginia follows the California Consumer Privacy Act of 2018, as amended by the California Consumer Rights Act of 2020, but excludes employee and business representative data from its scope.
In the special session of 9 November 2022, the Chamber of Deputies granted the necessary approval for Congress to pass Law 27,699 by means of which the Argentine Republic ratifies the Amending Protocol with respect to the Automated Processing of Personal Data (“Convention 108+”). To complete the ratification process, the National Executive Branch will now study the law and, if approved, it will be published in the Official Gazette.
On 24 October 2022, the National Authority for the Protection of Personal Data approved a Guide to the International Transfer of Personal Data. According to articles 11 and 15 of Law No. 29733, Personal Data Protection Act, international transfer of personal data can only be carried out when a sufficient level of protection of personal data is guaranteed in the recipient country.
On 1 January 2023, the California Consumer Privacy Act as revised by the California Privacy Rights Act will take effect fully in the job applicant and employment context.
And with respect to job applicants and personnel, businesses subject to the California Consumer Privacy Act will be required to (i) issue further revised privacy notices, (ii) be ready to respond to data subject requests, (iii) have determined if they sell or share for cross context behavioral advertising personal information about them, and (iv) have determined if they use or disclose sensitive personal information about them outside of specific purposes. If employers sell, share for cross-context behavioral advertising, or use or disclose sensitive personal information outside of limited purposes, numerous additional compliance obligations apply.
We would like to cordially invite you to our hybrid briefing “Crossroads between Employment Law and Data Protection” on 5 December 2022. It will take place both on-site in our Baker McKenzie office in Berlin and globally online.
In a draft compromise text obtained by Politico, the European Council has dropped a key provision seeking to harmonize telemedicine from the draft European Health Data Space. The (now-removed) Article 8 was aimed at encouraging the cross-border provision of telemedicine services across the EU. However, the reality is that there are vast national differences between Member States on telemedicine-related laws. It is going to require a far more concerted legislative effort to harmonize this area of law across the EU.
As part of the multi-pronged effort by the Infocomm Media Development Authority and other stakeholders to combat scams and safeguard SMS messaging as a communications channel, the IMDA will implement two measures following a public consultation: (i) mandatory registration with the Singapore SMS Sender ID Registry: Registration with the SSIR will be mandatory for all organizations that use SMS Sender IDs, and (ii) telecommunications operators to implement SMS anti-scam filtering solutions: Anti-scam filtering solutions will be implemented by telecommunications operators within their mobile networks to automatically filter potential scam messages before they reach consumers.
Baker McKenzie was invited to serve as the global editor of the Chambers Advertising & Marketing 2022 Practice Guide which features 8 high-profile jurisdictions and provides the latest legal information on the impact of the COVID-19 pandemic, advertising claims and clinical studies, comparative advertising, social/digital media, influencer campaigns, consumer promotions, sports betting/gambling, and cryptocurrency and non-fungible tokens.
The 14th edition of the Insurance Outlook, researched and written by our knowledgeable lawyers in the Insurance Practice Group, offers an overview of the insurance sector in Thailand and is intended as an informative digest of the insurance sector’s most prominent aspects based on the latest reported data.