In this text, we would like to present the main trends related to criminal law issues in daily business practice. In our day-to-day practice, we mainly handle white-collar crime cases. We provide legal services at all stages of the proceedings for clients both as attorneys of injured parties, and as defence counsels. Usually we deal with cases involving economic crimes such as fraud, embezzlement, offences of a corruption nature, acting to the detriment of the company, money laundering, etc. Continue reading “The impact of criminal matters on business”
Indemnity clauses, ESG and AI – three insurance trends in Denmark
At the Danish law firm Horten, partner Christina Steen and lawyer Ninna Thalund have a wide knowledge of trends on the insurance market, regarding both regulatory and dispute matters. Christina and Ninna highlight three significant trends. Continue reading “Indemnity clauses, ESG and AI – three insurance trends in Denmark”
The status of data protection in the United States
Since the introduction of the European General Data Protection Regulation (GDPR), which went into effect in May 2018, there has been an increased interest in consumer data protection and privacy around the world. California was the first US state to take action, and enacted the California Consumer Privacy Act (‘CCPA’), a landmark legislation that was signed into law on 28 June 2018 and took effect on 1 January 2020. California subsequently the CCPA through the enactment of the California Privacy Rights Act (‘CPRA’) to amend the CCPA and further strengthen California’s data privacy protections. The CPRA took effect on 1 January 2023.
Continue reading “The status of data protection in the United States”
Data privacy and cybersecurity in India
Robust requirements to counteract cybersecurity incidents
Introduction
In the last few years, some of the biggest multinational companies (MNCs) have fallen victim to major cyberattacks affecting over a million individuals. While India does not have a dedicated law on cybersecurity at present, the applicable provisions on cybersecurity are somewhat fragmented under the umbrella legislation of Information Technology Act 2000 (IT Act), its rules and across other sectoral laws. Continue reading “Data privacy and cybersecurity in India”
Cybersecurity and data protection in Mexico
Mexico is considered as the 15th largest economy in the world1. Foreign direct investment in 2022 reached over $35bn, the highest since 20152. Even though the current public policies from the President Andres Manuel Lopez Obrador and its legal system has different windows of opportunity, Mexico is an attractive investment destination. Business in Mexico imply an enormous amount of data processing, specifically international data transfers, including millions of data subjects’ personal data. Those data mean an asset for criminals which has turned Mexico into an attractive target for illicit cyber activities. Cyberattacks are considered crimes under federal criminal law, and, depending on the characteristics of the attack, it may be also considered a menace to national security. According to the American Chamber, from the total of cyberattacks in Latin America in the period between 2021 and 2022, 66% targeted Mexico, which caused losses from $3bn to $5bn per year 3. In the first half of 2022, 85 billion cyberattacks were attempted in the country, an increase of 40% over the same period in 20214. Mexico had the region’s highest ransomware distribution activity in the first semester of 2022, with more than 18,000 detections5. Continue reading “Cybersecurity and data protection in Mexico”
What you need to know before exporting data from China
The Personal Information Protection Law of the PRC (the PIPL) provides three mechanisms to export data out of China, namely the data outbound security assessment (the security assessment), the personal information outbound transfer standard contract (the CN SCC), and the personal information outbound transfer security certification (the security certification). The first two are compulsory, and the last one is optional and voluntary. Continue reading “What you need to know before exporting data from China”
Taking an important case to trial
It’s the rare businessperson who wants to have an important issue or, worse, a company’s fate decided by a judge or jury. The vast majority of lawsuits are settled before it comes to that. But trial happens, sometimes with billions or hundreds of millions of dollars at stake. Continue reading “Taking an important case to trial”
Data protection in Sweden
Since 25 May 2018, the principal data protection legislation in the EU, and therefore in Sweden, is Regulation (EU) 2016/679 (the ‘General Data Protection Regulation’ or ‘GDPR’). Continue reading “Data protection in Sweden”
Legal tech: Assessing the leap from ‘shiny new objects’ to digital transformation
In late March, Goldman Sachs analysts predicted that generative AI applications such as ChatGPT risked ‘significant disruption’ to 300 million full-time jobs, with lawyers among the most exposed. Continue reading “Legal tech: Assessing the leap from ‘shiny new objects’ to digital transformation”
Enterprise GC 2023: Gen Z debate among show-stealers at flagship GC event
Unperturbed by the somewhat damp weather conditions, the great and the good of the in-house community flocked to Enterprise GC and Syon House in April to enjoy a variety of stimulating plenary sessions, workshops, keynote speeches and roundtables, not to mention a glittering gala dinner in the great conservatory. Continue reading “Enterprise GC 2023: Gen Z debate among show-stealers at flagship GC event”
Wrestling the bear – negotiating deals in the current market
Nathalie Tidman, Legal Business and The In-House Lawyer: Is it an oversimplification to say that inflationary pressure, if it eases, will kick-start M&A again?
Eric Knai, Eversheds Sutherland: We have been having a lot of discussions with our clients but also with investment bankers, bankers and economists. They say that inflation is a factor, but only one of a number of factors that impacts M&A. Continue reading “Wrestling the bear – negotiating deals in the current market”
Fighting talk
Litigation is increasing as ESG commitments and promises come under increasing scrutiny from activists, consumers and investors. It is a trajectory that will increase upwards, with the introduction of more ESG-related regulation and the proposed extension of the ‘failure to prevent’ remit.
In this roundtable, we asked some of the UK’s most prominent in-house lawyers to share their thoughts on trends in emerging legislation around ESG and examine how organisations can prepare for the further extension of ESG-related legislation. Continue reading “Fighting talk”