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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: Pressure Points: electronic signatures in a time of social distancing (Australia)
One consequence of the COVID-19 pandemic is that, increasingly, business is being conducted remotely. In these circumstances, securing ‘wet ink’ execution of documents can be difficult. Electronic signatures can provide a solution to this problem. However, there can be pitfalls, and care should be...
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.
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.
12 September 2019
ACCC issues guidance on competition risks in IP transactions: Beware the inadvertent cartel
The ACCC has issued final Guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act...
16 April 2018
Future perfect: the rise of blockchain
It has been a decade since the invention of blockchain, the technology with the potential to disrupt industries and sectors far and wide. Yet it remains an area of confusion for many, with its application in the cryptocurrency sphere gaining a large part of the media’s focus, thanks to...
09 March 2018
Data use: Protecting a critical resource
Described by some as the “new oil” for the digital economy, there is no doubt that data are now seen as critical for organisations to succeed. Data are a powerful and lucrative fuel for productivity. If not adequately protected, data are vulnerable to leaks that can cause widespread damage, and...
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28 September 2020
China’s competition regulator publishes new compliance guidelines
In August 2020, China’s primary competition enforcement regulator, the State Administration for Market Regulation ( SAMR ), announced the publication of its “2019 Compilation of Antitrust Regulations and Guidance”. The publication formally adopts four key guidelines (the Guidelines ) relating to...
28 September 2020
Due Diligence in the Age of ESG and Covid-19 (Japan)
Even before the Covid-19 pandemic, the increasing focus of external stakeholders on corporate purpose, accountability and resiliency was driving environmental, social and governance ( ESG ) matters higher up the corporate agenda. The Covid-19 pandemic has magnified the spotlight on ESG issues,...
25 September 2020
EU Mandatory Human Rights Due Diligence Law Takes Shape
Earlier this year we reported on a European Commission proposal to introduce mandatory human rights due diligence legislation for the EU. The European Parliament's Committee on Legal Affairs has now published a draft report which includes the text of a proposed Directive, giving a sense of the...
24 September 2020
Webinar: Sustainability in Arbitration – Reducing the environmental impact of our disputes
Herbert Smith Freehills and the Campaign for Greener Arbitrations are delighted to invite you to attend our webinar on Sustainability in Arbitration. Environmental sustainability is not a new subject, but is one that is increasingly at the forefront of government and corporate strategy and...
23 September 2020
Catalyst // Webinar Series
As markets move from response to recovery, our focus is shifting too. Looking ahead, we expect the global pandemic to operate as a catalyst, accelerating changes in human behaviour, driving forward scientific and technological advances, and ushering in further digitalisation and some tough choices...
23 September 2020
Catalyst // Podcast Series
As markets move from response to recovery, our focus is shifting too. Looking ahead, we expect the global pandemic to operate as a catalyst, accelerating changes in human behaviour, driving forward scientific and technological advances, and ushering in further digitalisation and some tough choices...
23 September 2020
Podcast: Herbert Smith Freehills and GaffneyCline experts speak on ESG and Decarbonisation with the Oil & Gas Council
In this podcast Tim Pawul of the Oil & Gas Council hosts GaffneyCline's Global Head of Carbon Management, Nigel Jenvey and Herbert Smith Freehills' Global Head of Energy, Lewis McDonald, where they talk about ESG and decarbonisation in the context of oil & gas around the world. In the...
23 September 2020
UK Government plans to strengthen Modern Slavery Act 2015 reporting requirements
The UK Government has published its response to the transparency in supply chains consultation . The response sets out significant new proposals intended to strengthen the Modern Slavery Act 2015 ( MSA ), and in particular the requirement for certain organisations to produce a slavery and human...
23 September 2020
Cyber and data security webinars
Cyber security is a high-ranking board agenda item showing no sign of abating. The regulatory landscape is becoming ever more complex as we strive to respond and mitigate the risks of cyber incidents. In the following webinars we delve into some key developments to help you keep abreast of changes...
23 September 2020
People: New remote work regulations (Spain)
On 23 September 2020, the Spanish Official State Journal (Boletín Oficial del Estado) published Royal Decree-law 28/2020, of 22 September (“RDL 28/2020”), on remote work. The new regulation will enter into effect 20 days after its publication, in all matters relating to the regulation of this form...
