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17 February 2020
Foreign investment: Rising tides of politics in regulation
Foreign Direct Investment ( FDI ) filings are an increasingly important piece of the regulatory jigsaw for cross-border M&A. Our newly updated report on Foreign Investment: Rising Tides of Politics in Regulation considers both the current landscape and new restrictions due to take effect by the...
11 December 2019
Big data is transforming investigations
Big data is rapidly changing the way in which regulators and law enforcement conduct an investigation and build a case. New technology reduces compliance costs, but also increases regulatory expectations of businesses' monitoring, detection and reporting capabilities. And, as technology evolves,...
04 December 2019
Online harmful content: the race to regulate
The decentralised, global internet has democratised many facets of everyday life, and consequently has allowed everyday citizens, extremists and everyone in between to share their views. The consequential proliferation of online harmful content meant some form of regulation was inevitable. However...
04 December 2019
Tech Regulation Series: The End of Permissionless Innovation?
The tech regulatory landscape is changing rapidly. It is complex and fragmented, both globally and by subject matter, making it difficult for technology providers to navigate. Almost weekly there are new headlines warning of risks and perils of ‘big tech’ and misuse of data. Now, more than ever, it...
12 November 2019
Casting the regulatory net over virtual assets – SFC finalises new regulatory framework for virtual asset trading platforms
On 6 November 2019, the Security and Futures Commission ( SFC ) issued a position paper setting out a new regulatory framework for the licensing of centralised virtual asset trading platforms, following the SFC’s conceptual framework issued last year.
01 November 2019
Hong Kong SFC’s new electronic data requirements place MICs and cloud services in the spotlight
Yesterday, the Hong Kong Securities and Futures Commission ( SFC ) published a circular ( Circular ) on the use of electronic data storage providers ( EDSPs ) by licensed corporations ( LCs ).
22 October 2019
2019 Global Bank Review
The 2019 edition of our Global Bank Review: The Data Game , explores the rapid growth of data as one of the most significant developments in the banking sector. That being the case, we are still only at the beginning of the data journey and its impact in the next decade or two will be even more...
10 October 2019
Are you prepared? The board’s role in crisis management
With the ever-increasing growth in the number and potential magnitude of cyber, technological and operational risks to financial services entities, boards need to be prepared to respond to these types of crisis and ensure that the entity’s critical information assets are appropriately secured.
02 October 2019
Be on the mark – APAC central banks release study of benchmark reform implications
On 24 September 2019, the Executives’ Meeting of East Asia-Pacific Central Banks ( EMEAP ) published its study on the implications of benchmark reform across the East Asia and Pacific region ( Study ), including the effects of LIBOR discontinuation, the EU Benchmarks Regulation ( BMR ) and the...
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07 September 2020
London International Disputes Week 2020
We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
16 March 2020
Panel Discussion: Driving efficiencies in arbitral practice
The International Arbitration Act 15 of 2017 has delivered the required framework for South Africa to become a truly international arbitration hub. The inaugural Johannesburg Arbitration Week, which takes place on 17-19 March 2020, will take a step towards this goal, exploring recent developments...
18 February 2020
Insurance for Coronavirus losses
The Coronavirus and the consequential action by Chinese authorities to quarantine areas and close factories is causing significant disruption to supply chain logistics for businesses all over the world. Many Australian policyholders are asking: can the adverse financial consequences of the...
18 February 2020
Artificial Intelligence in the Public Sector – a new regulatory field?
The Committee on Standards in Public Life (the “Committee”) has published a report on artificial intelligence (“AI”) and its impact on public standards following the Committee’s review into this fast-developing field (the “Report”). The Report sets out the Committee’s recommendations for the...
17 February 2020
Foreign investment: Rising tides of politics in regulation
Foreign Direct Investment ( FDI ) filings are an increasingly important piece of the regulatory jigsaw for cross-border M&A. Our newly updated report on Foreign Investment: Rising Tides of Politics in Regulation considers both the current landscape and new restrictions due to take effect by the...
14 February 2020
Federal Court provides helpful guidance on a range of AFSL concepts
On 5 February 2020, the Federal Court of Australia handed down its decision in Australian Securities and Investments Commission v One Tech Media Ltd [2020] FCA 46 ( One Tech Media ). The Court found that One Tech Media Limited ( One Tech ), Allianz Metro Pty Ltd ( Allianz Australia ) and others had...
12 February 2020
Biometric myopia: Expanding the facial recognition debate
In the past six months, the global furore over public as well as private sector use of facial recognition technology has only increased. However, although this debate is increasing in volume, it is arguably not expanding in scope.
12 February 2020
A new era: what’s in store for tech regulation in 2020?
With headlines accumulating, and calls for regulatory action accelerating, 2019 ended the decade with the rise of the techlash and the end of ‘ permissionless innovation ’. As we move into the 2020’s with these long-simmering trends continuing to erupt, how will the race to regulate ‘big tech’ play...
