General Business Consumer Protection

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
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What Can We Expect From The EU General Data Protection Regulation?

After over three years of discussions at many levels, it is now clear that the proposed EU data protection framework will be revised, and that it will be in the form of a Regulation – the General Data Protection Regulation....more

Guidance on EU-US Data Flow Delayed by New Terrorist Threats in Brussels

On November 25, 2015, the Article 29 Working Party (the advisory body on data protection and privacy composed of representatives from the national data protection authorities of all EU Member States) was to meet in Brussels...more

What you need to know about Hong Kong Competition Law (Part 6) - Practical Compliance with the Competition Ordinance

The implementation of the new Competition Ordinance (Chapter 619 of the Laws of Hong Kong) (the Competition Ordinance) on 14 December 2015 will mark the first time that Hong Kong has a general and cross-sector competition...more

EU Commission Communication Attempts to Address Uncertainty Surrounding Transfer of Personal Data Following Schrems

On November 6, 2015, The EU Commission published a communication addressed to the European Parliament and the EU Council in an attempt to reduce current legal uncertainties surrounding the transfer of personal data from...more

Optical Express appeal highlights the need for caution over third-party marketing lists

In a decision of 31 August 2015, the First-Tier Tribunal provided important clarification on the use of third-party mailing lists. Optical Express v Information Commissioner (EA/2014/0014) is significant for organisations...more

Life After Death (of Safe Harbor) – EU Data Protection in the Wake of Schrems

One month after the landmark decision in Schrems vs. Data Protection Commissioner (C-365/14), the European Commission (Commission) has issued guidelines, in the form of a Communication, regarding the transfer of personal data...more

EU data transfer update

On November 6, 2016, the EU Commission released its guidance for businesses relating to the EU safe harbor. The Commission indicated that since the invalidation of the safe harbor framework, it has “stepped up” talks...more

The European Commission Issues Guidance On Transatlantic Data Transfers

On November 6, 2015, the European Commission (“EC”) released guidance on transatlantic data transfers in light of the ruling by the European Court of Justice (“ECJ”) last month invalidating the Safe Harbor framework that had...more

GM Judge Nuances His Earlier Rulings and Sets Out Permissible Ignition Switch Lawsuits

At a hearing in late August, Judge Robert Gerber expressed his annoyance with both sides in the ongoing battle to determine whether General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General...more

What you need to know about Hong Kong Competition Law (Part 5) - Investigation and Enforcement

The implementation of the new Competition Ordinance (Chapter 619 of the Laws of Hong Kong) (the Competition Ordinance) on 14 December 2015 will mark the first time that Hong Kong has a general and cross-sector competition...more

NY Times publishes another article on arbitration

This past Sunday, the NY Times published an article carrying the headline, “Efforts to Rein in Arbitration Come Under Well-Financed Attack.” The “well-financed attack” to which the headlined refers appears to be an...more

U.S.-EU Safe Harbor Scheme Declared Invalid

The Court of Justice of the European Union (the “CJEU”), Europe’s highest court, declared last month that the U.S.-EU Safe Harbor Scheme is invalid. The CJEU also declared that national supervisory authorities are free to...more

Opt-in System Introduced in Turkey for Commercial Electronic Communications in E commerce Law

Turkey’s solid and rapidly expanding e-commerce market volume reached 18.9 billion Turkish Liras as of the end of 2014. The Turkish e-commerce sector accounts for 1.6% of the country’s overall retail sector. Even though this...more

Food Litigation Newsletter

THIS NEWSLETTER AIMS to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - Motion to Dismiss Granted in Part, Denied in Part...more

Three More FSMA Rules Finalized As the Year Comes to a Close

Although not quite meeting the deadline of October 31 established in a legal settlement last year, FDA has released a set of three more “foundational” Final Rules mandated by the Food Safety Modernization Act (FSMA or the...more

Dangerous Waters in the Safe Harbor: The EU-U.S. Safe Harbor for Data Transfer is Safe No More

On October 6, 2015, the European Court of Justice (ECJ), abolished the 15 year old Safe Harbor agreement between the EU and the U.S. Over 5,000 businesses have relied on the Safe Harbor to receive personal data from EU member...more

Arbitration Update

Following up on the Consumer Financial Protection Bureau (CFPB) announcement of controversial rulemaking on arbitration provisions, CFPB Director Richard Cordray offered further insight into the CFPB's intentions in remarks...more

The Writing is On the Wall – The CFPB Wants MSAs Gone; What Does This Mean for You?

The CFPB's mission is to promote policies and adopt regulations to allow consumers to make a fully educated decision when they purchase any consumer loan product, with the goal of such consumers taking control over their...more

Companies, Through Best Practices, Can Help Keep Cyber Insurance Prices Reasonable

In speaking to a cybersecurity conference in 2012, then FBI Director Robert Mueller told attendees that there are only two types of companies: those that have been hacked and those that will be. Sadly, with each passing day,...more

Regulatory Concerns for the Sale of Extended Warranties to Commercial Purchasers

Products sold to commercial purchasers typically include a standard manufacturer’s warranty. Should the manufacturer’s distributor sell an extended warranty at the time of purchase, is that extended warranty considered...more

Dow Jones & Co. notifies 3500 of data breach

Dow Jones & Co. Has notified 3500 of its customers that their information has been accessed by unauthorized individual in a data breach that spanned August of 2012 through July of 2015. The unauthorized access, through...more

EU Commission to Update Decisions Authorising Personal Data Transfers to Certain Countries Outside the EU

Last Friday (6 November 2015) the EU Commission issued a communication on the transfer of personal data from the EU to the US under the Data Protection Directive following the judgment by the Court of Justice in the Schrems...more

European Commission Releases Communication on Schrems and Safe Harbor 2.0

On November 6, 2015, the European Commission released a widely-anticipatedCommunication assessing the impact of the judgment of the European Court of Justice (“ECJ”) in the Schrems case (C-362/14), which invalidated the...more

Can Contract Ambiguity Cause Liability for Unfair Trade Practices?

Most of the time, a contract breach—even if intentional—does not violate N.C. Gen. Stat. § 75-1.1. A contract breach, however, can turn into a 75-1.1 violation if the breach is accompanied by “substantial aggravating...more

Safe Harbor update: European Commission issues communication following Safe Harbor invalidation – Safe Harbor 2.0 in three months?...

On 6 November, the European Commission released a Communication on the implications of the Court of Justice of the European Union’s (CJEU) decision in Maximillian Schrems v Data Protection Commissioner (Case C-362/14)....more

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