On 1 January 2022, the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering Food Safety came into effect. This supersedes the previous version that came into effect on 4 May 2013. The New Interpretation establishes a more sophisticated system of punitive damages in respect of food safety crimes.
On 9 February 2022, the Securities and Exchange Commission voted 3-1, with Commissioner Peirce, the lone remaining Republican appointee opposed, to propose new rules under the Investment Advisers Act of 1940 and the Investment Company Act of 1940 related to cybersecurity risk management, reporting of breach events, and recordkeeping for registered investment advisers and investment funds.
Hong Kong’s data privacy law, the Personal Data (Privacy) Ordinance, has been amended to introduce “anti-doxxing” provisions. The new regime creates offences to curb doxxing acts, and empowers the Privacy Commissioner for Personal Data to carry out criminal investigations, institute prosecutions and issue cessation notices. The changes came into effect on 8 October 2021. The Commissioner made its first arrest under the doxxing regime on 13 December 2021.
On 9 February 2022, the Luxembourg Parliament adopted the draft bill amending the Luxembourg law of 22 March 2004 on securitization, as amended governing Luxembourg securitization vehicles. The Law aims at modernizing the 2004 Law by increasing the flexibility and legal certainty of the Luxembourg regime while ensuring effective protection for investors.
On 24 January 2022, the Colombian President issued Decree 092 of 2022, modifying the structure of the Superintendence of Industry and Commerce and assigned new functions to the different offices of this entity. Within the modifications, particularly noteworthy is the creation of the Compliance Department, which is part of the Deputy of Competition Protection, and the Habeas Data Department, which is part of the Deputy of Personal Data Protection.
Globally, antitrust and regulatory regimes on data in the mobility sector are developing, but still inconsistently. This webcast provides legal guidance from North America, China and Europe on how companies can mitigate antitrust risks when developing a profitable new data monetization strategy.
By Decrees No. 234/2021 and No. 836/2021, the Executive Power established in Argentina an Investment Promotion Regime for Exports, granting benefits to those who make a direct investment in foreign currency of no less than USD 100 million, either for: (i) new investments; or (ii) to expand an existing business unit in industrial forestry, mining, hydrocarbon, manufacturing and agro-industrial activities.
On 31 January 2022, the Commission de Surveillance du Secteur Financier issued a new Circular CSSF 22/795, to confirm in its capacity as competent authority, that it would apply the ESMA guidelines on marketing communications under Regulation (EU) 2019/1156, published on 2 August 2021. As a result, all Luxembourg investment fund managers that are in the scope of application of this Circular shall duly comply with the Guidelines, applicable from 2 February 2022.
The Monetary Authority of Singapore requires all providers of cryptocurrency, known under the Payment Services Act as Digital Payment Tokens, to understand that DPT trading is unsuitable for the general public. MAS has issued PS-G02: Guidelines On Provision Of Digital Payment Token Services To The Public on 17 January 2022 to all DPT service providers to ensure that their marketing campaigns, advertisements and promotions for buying or selling of DPTs or facilitating the exchange of DPTs are consistent with the risk disclosures under the PSA, which requires that all actual and potential customers be provided with a risk warning statement highlighting the risks associated with trading in DPTs.
The federal government has enacted Federal Decree no. 10,946/2022, which establishes and regulates the guidelines for energy generation in offshore projects, particularly about the use of maritime space and the exploitation of natural resources. With the publication of the Decree and according to the Ministry of Mines and Energy, certain gaps are expected to be filled, in addition to a greater regulatory assurance involving the development of offshore power generation projects.