This article reviews the latest legal updates regarding regulation and scrutiny of marketplaces and other digital platforms operations in Argentina, Brazil and Mexico from an antitrust, data privacy and consumer protection standpoint, and their relationship with recent European regulations such as the Digital Services Act (DSA) and the Digital Markets Act (DMA).
Released on Feb 26, 2024
A message from the Editor of the Technology Committee from the June 2021 eBulletin.
Released on Jun 24, 2021
Chair's Note Technology Law Committee February 2021
The 2020 Government Work Report of China delivered at the ‘two sessions’ makes clear reference to a ‘new infrastructure’ for the first time. The ‘new infrastructure’ covers seven key sectors, including: 5G base stations; ultra-high-voltage, high-speed railways; urban rail systems; new energy vehicle charging piles; big data centres; artificial intelligence; and the industrial internet. This new infrastructure campaign in China is a great opportunity for both domestic and foreign investors.
This article examines the Future Energy Scenarios set out in the National Grid ESO’s recent report, with a particular focus on the role of digitalisation and open data in achieving net zero in the UK by 2050.
China’s legislature finally completed the enormous and arduous project of enacting the first comprehensive codification of its civil laws this year. Promulgated in the age of data, the Civil Code not only covers the traditional aspects of civil law but privacy and personal information.
How cloud-based solutions are changing the way we approach discovery and disclosure obligations.
Three years after the former draft of Measures on Security Examination for Online Products and Services (Trial Implementation), the official Measures for Cybersecurity Review finally came out in 2020.
The Measures on Security Assessment for Cross-border Transfer of Personal Information and Important Data (Exposure Draft) released in 2017 and the Measures on Security Assessment for Cross-border Transfer of Personal Information (Exposure Draft) in 2019 have received questions, comments and even criticism from interested groups. China has yet to form a clear regulatory regime for cross-border data transfer. The Ministry of Commerce recently issued a circular, signifying the pursuit of the regime through pi
Recent trends in regulations on autonomous vehicles in Korea.
Dealing with GDPR compliance risks in M&A transactions.
Three cases being handled by the Chilean Free Competition Defence Tribunal invite us in Argentina to review some antitrust concepts and to imagine how a similar situation would be handled at a local level.
Due to the Covid-19 pandemic, employers and employees have had to work remotely in a manner that can best be described as unprecedented. We have therefore compiled a data privacy checklist which should be considered in helping minimise risks when working from home.
This paper analyses similarities and differences between Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR), and Brazilian Law No 13,709 of 15 August 2018, also known as the General Data Protection Act (LGPD). The analysis of the situation seeks to ascertain main points that requires attention when adapting privacy rights enforceable in the European Union to Brazil. Considering that LGPD is inspired in GDPR [...]
This article discusses the legal and regulatory measures the Colombian government has taken in relation to the Covid-19 pandemic as an example of an emerging economy facing a major public health crisis. The measures taken in areas such as electronic commerce, consumer protection, digital public services, teleworking, access to justice (arbitral and judicial), data protection are outlined.
During the current Covid-19 pandemic crisis, there has been an increase in the number of cyberattacks (like ransomware) on law firms globally. The IBA Cybersecurity Guidelines equip and empower law firms and lawyers to protect themselves from such online virus threats, attacks and data breaches, giving their clients the best possible assurances that their confidential data is duly protected, thereby effectively ensuring the access to legal services and securing access to justice.
By Mariana Vázquez and Dolores M. Gallo. The incorporation of digital technologies into corporate law - Technology Law Committee newsletter article, June 2020
By Chris H Kang and Sun Hee Kim. Recent major amendments to three South Korean data privacy laws and their implications - Technology Law Committee, June 2020
The Covid-19 pandemic is causing substantial cash flow problems for business. Many companies in the tech sector need to seek additional financing. In light of this situation, several M&A trends have already emerged. In particular, deal structures almost always involve both financing and equity elements and varying security structures. Additionally, the deals move forward rapidly and investors typically enjoy less contractual protection compared to those in normal M&A deals.
China has recently issued new Measures for Cybersecurity Review (Measures) to protect supply chain security of critical network products and services from risks arising from political, diplomatic and trade factors. Before obtaining network products and services, critical information infrastructure (CII) operators should anticipate that such products and services might cause threats to national security. If so, CII operators shall submit the procurement to the relevant authority for a cybersecurity review.
Combating global warming effectively will require society to transform. One of the more pressing fields is to change our energy system and increase the proportion of energy produced by renewable sources. The digitalisation of the power system is a precondition of coping with distributed energy generation, demand-side response etc. This technology, which already exists, needs huge amounts of data, some of which is personal data, as a gearing engine. Managing this data efficiently, while respecting privacy,
By Nadine Bengtsson. Challenges enforcing public policies on data protection and competition in digital markets: an Argentinean perspective
The European Union’s Conflict Minerals Regulation aims to prevent conflicts minerals being exported to the EU, smelters and refiners from using conflict minerals, and mine workers from being abused, as well as helping to support the development of local communities. The Regulation will come into effect on 1 January 2021 and targets tin, tantalum, tungsten and gold since these minerals, and their ores, are used in commonplace products such as mobile phones, cars and jewellery. As reported at the IBA
China has recently amended its Securities Law, including two changes regarding cybersecurity. One is the requirement to have ‘qualified information technology systems’ for setting up a securities firm. The other is restricting the export of information relating to securities operations. This means that foreign-invested securities firms such as Nomura Orient and JP Morgan Securities (China) must now deploy information systems in China and cannot export information relating to securities operation
The NIS Directive was to be transposed by Member States of the European Union until 9 May 2018. Although Romania has made great progress in transposing the Directive with the adoption of Law no 362/2018, it still has to complete enacting the secondary legislation. The article outlines the current state of development of NIS legislation in Romania.
The article shows that GDPR and the Cybersecurity Act are actually not sufficient to enforce IT security for IoT solutions in Europe. At the same time a possible regulation by the Radio Equipment Directive is examined.
The article gives a brief overview of India’s Personal Data Protection Bill, 2019 and critically examines the proposed legislation both from the perspective of regulatory compliance and IT sector concerns about various crucial aspects of the proposed legislation which have been left undefined and unclarified.
In light of the Schrems II case (C-311/18) the ECJ’s Advocate General Saugmandsgaard Øe sees no reasons to declare decision 2010/87/EU on Standard Contractual Clauses (SCC) invalid. Companies can use this safeguard to justify international data transfers. The Advocate General argues that Data Protection Authorities (DPAs) can examine individual cases and take appropriate measures. However, this argumentation could lead to a DPA banning an international data transfer for reasons outside of the sphere