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HL Chronicle of Data Protection

Privacy 2040: An Initiative for Collaboration between Policymakers and Businesses

By Eduardo Ustaran & Marcy Wilder

January 28, 2020

We are announcing the launch today of Privacy 2040, Hogan Lovells’ initiative aimed at shaping the future of privacy and cybersecurity frameworks and practices to support innovation and protect humanity. It’s a big aim, so this is an ambitious, long-term project. Let us explain. Why Privacy 2040? The tension between the unstoppable evolution of technology and the efforts by legislators, regulators and the courts to safeguard people’s privacy in the data economy creates an opportunity to take…

Five Minute Workout

Rocking the boat – Pension Schemes Bill proposals may risk destabilising future restructurings

By Joe Bannister & Camilla Eliott Lockhart

January 27, 2020

The Pension Schemes Bill [HL] 2019-20 (Bill) was re-introduced before Parliament on 7 January 2020. Among its proposed amendments to the Pensions Act 2004 (Act) are new criminal offences for failing to comply with a contribution notice, avoiding employer debt, conduct risking accrued scheme benefits, an expansion of the moral hazard powers and an extension of the ‘notifiable events’ framework. The Government’s stated intention is to “ensure that those who put pension schemes in jeopardy…

Global Media and Communications Watch

Tom Kabinet: CJEU rules resale of e-books requires permission of copyright holder

By Benjamino Blok & Samantha Brinkhuis

January 27, 2020

The CJEU in its Tom Kabinet judgment has ruled that the supply of e-books qualifies as “an act of communication to the public” under the InfoSoc Directive instead of “a distribution to the public” as is the case with physical books. It follows that copyright in e-books cannot be exhausted. This means that the resale of e-books requires the authorization of the copyright holders or else violates the author’s or publisher’s copyrights. The same reasoning…

HL Chronicle of Data Protection

California’s Data Broker Registration Deadline Looming

By Timothy Tobin, Bret Cohen, Britanie Hall & Filippo Raso

January 24, 2020

Alongside its flurry of CCPA amendments last term, the California legislature passed Assembly Bill 1202 (AB 1202), the nation’s second data broker registration law. AB 1202 requires “data brokers” to register with and pay an annual fee to the California Attorney General (AG). AB 1202 uses the CCPA’s definitions for key terms, so even businesses that are not traditional data brokers may need to register. Data brokers in California must register here by January 31,…

A Seat at the Table

Trade truce? United States and China reach phase one agreement

By Food Law Blog

January 24, 2020

On 15 January 2020, President Donald J. Trump and Chinese Vice Premier Liu He signed a “Phase One” Agreement between the United States and China, a truce halting the escalating trade tensions between the two global trading heavyweights. The Phase One Agreement follows an investigation by the Office of the United States Trade Representative (USTR) into Chinese trade practices that culminated in substantial and expansive U.S. tariffs on more than US$350 billion worth of Chinese…

Focus on Regulation

National Security Commission on AI issues interim report

By Andrea Fraser-Reid & Ajay Kuntamukkala

January 24, 2020

The National Security Commission on Artificial Intelligence (the “Commission”), established by the John S. McCain National Defense Authorization Act for Fiscal Year 2019, issued an interim report providing the Commission’s preliminary assessment of foreign threats to U.S. national security in the current AI era; how AI can improve the government’s ability to defend the U.S., cooperate with U.S. allies, and preserve a favorable balance of military power in the world; the relationship between AI and…

A Seat at the Table

Hemp Food – Italy Sets Maximum THC Content

By Riccardo Fruscalzo

January 23, 2020

The use of hemp for the production of foodstuffs is contemplated by the Law No. 242 of 02 December 2016 (Law 242/2016), bearing provisions for the promotion of the hemp cultivation and of the agro-industrial hemp chain in Italy. The use of hemp for the production of foodstuffs is contemplated by the Law No. 242 of 02 December 2016 (Law 242/2016), bearing provisions for the promotion of the hemp cultivation and of the agro-industrial hemp…

HL Chronicle of Data Protection

Hong Kong’s Reform of the Personal Data (Privacy) Ordinance (the “PDPO”): Bridging Troubled Waters

By Mark Parsons, Tommy Liu & Anthony Liu

January 22, 2020

On Monday 20 January, the Constitutional and Mainland Affairs Bureau (“CMAB”), jointly with the Privacy Commissioner for Personal Data (“PCPD”), presented a paper outlining topics for review of the PDPO to the members of the Legislative Council Panel on Constitutional Affairs (“PDPO Review Paper”). The CMAB and the PCPD are expected to take panel members’ feedback on the PDPO Review Paper and undertake further in-depth study of the issues with a view to making specific…

Keeping It Real Estate

Coming soon: New electrical safety standards for PRS landlords

By Jennifer Drurey

January 22, 2020

New draft Electrical Safety Regulations have been laid before Parliament but what do they mean for landlords in the private rented sector? When and where will they apply? If passed, these regulations will apply in England to most new residential tenancies from 1 July 2020 and all existing residential tenancies from 1 April 2021. They will apply to premises let to one or more people who are occupying the premises as their only or main…

HL Chronicle of Data Protection

The Future of UK Data Protection

By Eduardo Ustaran

January 21, 2020

As with anything Brexit-related, the UK government is facing a dilemma in relation to data protection law. Shall we follow the direction of travel of the past 25 years and opt for the continuity and certainty provided by the GDPR or shall we use the departure from the EU to make radical changes to the regulation of data uses and privacy? On the one hand, it would be reassuring to know that despite Brexit’s uncertainties, the current…

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Hogan Lovells Blogs

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Privacy 2040: An Initiative for Collaboration between Policymakers and Businesses

Rocking the boat – Pension Schemes Bill proposals may risk destabilising future restructurings

Tom Kabinet: CJEU rules resale of e-books requires permission of copyright holder

California’s Data Broker Registration Deadline Looming

Trade truce? United States and China reach phase one agreement

National Security Commission on AI issues interim report

Hemp Food – Italy Sets Maximum THC Content

Hong Kong’s Reform of the Personal Data (Privacy) Ordinance (the “PDPO”): Bridging Troubled Waters

Coming soon: New electrical safety standards for PRS landlords

The Future of UK Data Protection

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