If you operate a website which does business with consumers based in the European Union, read on. In the recent case, Verein für Konsumenteninformation v Amazon EU Sàrl (28 July 2016), brought by Austrian consumer protection body Verein für Konsumenteninformation (VKI), the Court of Justice of the European Union (ECJ) held…
Articles Posted in Regulatory and Compliance
Yikes, here comes Brexit! What next for the UK’s sourcing industry?
In case you missed it, the Great British public caught the world off guard when, on 23 June 2016, a small but significant majority voted in favour of the UK withdrawing from the European Union. Much like the termination of an outsourcing agreement without detailed exit provisions and a well…
Negotiating Cybersecurity Contractual Protections for Retirement Plans
The ERISA Advisory Council1 recently announced that, as part of its goals for 2016, it will be focusing on cybersecurity issues affecting retirement plans and, in particular, the extent to which such issues relate to third-party administrators and vendors (TPAs) of retirement plans. To read what our attorneys have to…
PATH Act Changes to FIRPTA
Brian Wainwright • Robert S. Logan The Protecting Americans from Tax Hikes Act of 2015 (the “PATH Act,” Division Q of the Consolidated Appropriations Act, 2016, P.L. 114-113, enacted December 18, 2015) made some important changes to the U.S. federal income tax treatment of U.S. real estate investments by non-U.S.…
Top EU Court’s Ruling Subjects Companies Doing Business Across Europe To “New Sanctions” in Potentially Unfamiliar Jurisdictions
The Court of Justice of the European Union (CJEU) has been very busy in recent weeks re-shaping EU privacy laws. In addition to the much-anticipated decision in “Schrems” (Case C-362/14), which essentially rules the US-EU Safe Harbor invalid, the CJEU has also considered the key issue of “establishment” in another…
Safe Harbor “Invalid”… now what?
Yesterday was a big day for the Court of Justice of the European Union! The fifteen-year-old regime governing EU-U.S. data transfers has been struck down. Specifically, the CJEU declared invalid the safe harbour framework (the “Safe Harbor Framework” or the “Framework”) that thousands of U.S. companies have relied upon to facilitate data transfers…
The payment services market under the eye of the regulator
Global Sourcing attorney Sarah Atkinson, who are based in Pillsbury’s London office, have recently published the article, The payment services market under the eye of the regulator , in Banking Technology. The article considers criticisms of the payment services industry and how the new Payment Services Regulator is hoping to…
Consumer Group Asks FTC to Adopt EU’s Right to be Forgotten
Last year we wrote about the EU’s adoption of an individual’s “right to be forgotten”, which gives Europeans the right to require search engines to remove information about them from search results for their own names, if the information is inaccurate, inadequate, irrelevant or excessive. We also wrote that neither…
EU Cybersecurity Regulations – The Costs of Financial Market Infrastructure Resiliency
Any company that uses information technology is a potential target for data theft, advanced malware and other cyber threats. Cyber threats have emerged as a growing systemic risk particularly to the financial sector in which Financial Market Infrastructures (“FMIs”) are increasingly under attack from a wide range of players, at…
Global App Enforcement Sweep – Lessons For Developers
A recent survey of over 1,200 of the top mobile apps in 19 countries by the Global Privacy Enforcement Network (“GPEN”) has found that 85% of the apps reviewed were non-compliant, failing to provide even the most basic privacy information to users. In addition, 43% failed in their obligation to…