23 July 2020
Data Class Actions: the threat to business
Our Data Class Actions team has today published an article about the future of class actions in the August 2020 issue of PLC Magazine . The article first appeared in the August 2020 issue of PLC Magazine . The article follows the Supreme Court’s decision in Various Claimants v WM Morrison...
15 July 2020
Future Cities Series: Tech-driven supply chains to help shape future cities
The criticality of global supply chains to not only economic strength but also societal health has been brought into sharp focus by the Covid-19 pandemic. As economies look towards pathways to recovery and resilience, supply considerations will be paramount. Additionally, policy responses to the...
15 July 2020
Future Cities Series: Technology and Telecommunications key to transforming future cities
The effects of Covid-19 have been felt around the world. The pandemic has significantly impacted the technology and telecommunications sectors, but simultaneously these sectors are being posited as major drivers to lift urban areas and their residents out of the current crisis through sustainable...
14 July 2020
COVID-19: Exploring Opportunities: Will your technology survive the outbreak? (Global)
The effects of the COVID-19 pandemic across the globe continue to evolve on a daily basis. While this pandemic is first a public health and humanitarian crisis, the impacts of COVID-19 on global and national economies, businesses, supply chains, and the everyday lives of the world’s population are...
17 June 2020
Biometric myopia risks stifling the facial recognition debate
It is clear from recent events that the debate surrounding the collection of biometric data was and continues to increase in volume, it is arguably not expanding in scope, creating risks and missed opportunities for regulators and innovators.
15 May 2020
Regulators set their policy for Consumer Data Right enforcement
The Consumer Data Right ( CDR ) is currently proceeding through a staged implementation in the financial sector. On 8 May 2020 the Australian Competition and Consumer Commission ( ACCC ) and the Office of the Australian Information Commissioner ( OAIC ) released their Compliance and Enforcement...
23 April 2020
COVID-19: People: Contact Tracing – balancing civil liberties (Australia)
In considering all its defensive options against the spread of COVID-19, the Australian Government has proposed a contact tracing smartphone “app” to be used in restricting the spread of COVID-19 and loosening lockdown measures.
01 April 2020
COVID-19: People: Data comes to the fore as outbreak continues (UK)
The COVID-19 outbreak is proving an interesting time to be a data protection practitioner. There seems to be a new article each day about the next exciting app which promises to use data to help manage the crisis. This post focuses on two particular propositions that pose interesting data...
31 March 2020
COVID-19: People: Data Privacy issues (Global)
In these unprecedented times, COVID-19 has forced organisations to quickly put in to place measures with the aim of ensuring both business continuity and the protection of employees. In many instances, this has involved increased processing of health data, in ways that were not envisaged a short...
18 March 2020
COVID-19: PEOPLE: WHEN PUBLIC HEALTH AND PRIVACY COLLIDE? (GLOBAL)
SUMMARY Governments and public authorities globally are requiring increased access to personal data of citizens in order to attempt to control and monitor the current spread of COVID-19. The pandemic is generally recognised by data protection authorities as giving rise to extraordinary...
17 March 2020
COVID-19: Potential legal impact (Spain)
In recent days, different measures have been adopted to counter the exceptional situation generated in Spain by COVID-19, including Royal Decree 436/2020, of 14 March, which declares the state of emergency to tackle the health emergency caused by COVID-19 (" RD 463/2020 "). The situation is highly...
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...
06 February 2020
Australian privacy law reform and review announced
On 12 December 2019, the Australian Government announced its response to the Australian Competition & Consumer Commission’s ( ACCC ) Digital Platform Inquiry. Despite the Inquiry’s name, only 1 of the 11 recommendations in the report about data practices is targeted at digital platforms.
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...
04 August 2020
Comparing the fault standards in Australian and UK shareholder class actions
Continuous disclosure obligations applicable to shareholder class action claims have been the subject of much debate in Australia in recent years. Recent amendments to the continuous disclosure provisions of the Corporations Act 2001 (Cth) are intended to reduce opportunistic shareholder class...
03 August 2020
Governance: CORPORATE INSOLVENCY AND GOVERNANCE ACT 2020 - SOUNDBITE SERIES (UK)
Welcome to our soundbite series on the new Corporate Insolvency and Governance Act 2020 which came into effect on 26 June 2020. The provisions of the Act are complex and could have significant impact on companies in distress and their creditors, particularly landlords, suppliers, financial services...
30 July 2020
Funded class actions under the spotlight: Australian Federal Government introduces new regulations
On 24 July 2020, the Australian Federal Government introduced new regulations, removing the ‘managed investment scheme’ ( MIS ) and other financial services regulatory exemptions that apply for litigation funding schemes used in class actions.
30 July 2020
Human rights arguments increasingly deployed in climate change litigation
There has been a significant rise over the past five years in the number of climate change claims that have been based (at least in part) on human rights principles, according to the latest report from the London School of Economics Grantham Research Institute on Climate Change and the Environment...
29 July 2020
Pressure points: Trustees and administrators prepare for what’s ahead: Ombudsman to see a rise in complaints due to Covid-19 (UK)
The Pensions Ombudsman recently published both its Corporate Plan 2020-2023 and Annual Report for 2019/2020, which reveal that the number of enquiries the Ombudsman received has significantly increased in the last year. In addition, the Ombudsman expects the number of complaints to “undoubtedly”...
28 July 2020
UK autonomous sanctions underline importance of human rights due diligence
The importance of human rights and robust human rights due diligence was underlined earlier this month, by the UK government’s introduction of the Global Human Rights Sanctions Regulations 2020 (the “ Sanctions Regulations ”). The Sanctions Regulations are the UK’s first autonomous sanctions...
27 July 2020
Webinar: Workplace manslaughter developments in Australia – A national snapshot
Nearly all Australian States and Territories have approached the law around Workplace Manslaughter differently, in a further departure from the proposed ‘harmonisation’ of safety laws. The introduction of these very serious criminal offences is the topic of discussion in boardrooms, executive teams...
27 July 2020
The Prevention Principle – An irreproachable concept?
We recently spoke with Thomas Lazur of Keating Chambers on the "prevention principle." Our discussion can be listened to here , and this article supplements that discussion and considers further some of the key points raised during our conversation.
27 July 2020
Amendments to Queensland’s security of payment regime
Amendments to Queensland’s Building Industry Fairness (Security of Payment) Act 2017 ( BIF Act ) have now passed, simplifying the project bank account framework and amending the rights and obligations of all parties involved in construction contracts in Queensland.