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Financial Services Weekly News Roundup - April 2015 #4

FINRA’s Retrospective Rule Review Process Continues. On April 16, FINRA announced that the FINRA Board of Governors had authorized FINRA to publish a regulatory notice requesting comment on proposed amendments to Rules 2210...more

FTC settles with two companies over misrepresentations of safe harbor compliance

The Federal Trade Commission (FTC) announced last week that it is settling investigations against American International Mailing, Inc. and TES Franchising LLC alleging that each were misrepresenting to consumers that they...more

IoT in the E-Commerce sector faces legal hurdles

Internet of Things devices are modifying the path-to-purchase as we know it allowing consumers to instantly re-order everyday products with one click or one tap. How does this affect businesses in complying with the current...more

Cloudy Forecasts in New Russia Data Privacy Law

Russia recently announced it has moved the effective date of the new Russian data residency law to September 1, 2015—less than six months from now. Federal Law No. 242-FZ (the “Data Localization Law”) creates a new obligation...more

Financial Regulatory Developments Focus - March 2015 #4

In this issue: - Bank Prudential Regulation & Regulatory Capital - Regulations on Methodology for Calculation of Fixed Costs by Investment Firms - UK Bank of England Announces Details of 2015 Stress...more

One Less Carrot for Business:  Council of European Union Limits the “One-Stop Shop” Mechanism in the Draft Data Protection...

The draft Data Protection Regulation doesn’t offer many carrots to business – and a recent announcement by the Council of the European Union takes away one of the biggest carrots, the “One-Stop Shop” mechanism....more

Focus on China Compliance - March 2015

Welcome to the first issue of Focus on China Compliance for 2015. In this issue, we start with an overview of China’s anticorruption laws, to which all companies operating in China must pay close attention in 2015. We then...more

EUROPE: New Provisions on Customer Protection in the Proposed EC Regulation

The Legislative Resolution of the European Parliament dated April 3rd, 2014 relating to the telecom sector, following the European Commission’s proposed “Connected Continent Legislative Package” dated 2013, includes a wide...more

Are China’s New Data and Cybersecurity Regulations a Wolf in Sheep’s Clothing?

As the Year of the Sheep gets underway, it is already apparent that the Chinese government will not be living up to the meek reputation of its zodiac representative—at least not as far as data and cybersecurity are concerned....more

European Union Cookie Sweep Highlights Need for Improved Compliance

On February 3, 2015, European data protection regulators released the Cookie Sweep Combined Analysis Report analyzing how websites use cookies to collect data from European citizens and highlighting noncompliance with Article...more

Financial Regulatory Developments Focus - February 2015 #3

In this issue: - Bank Prudential Regulation & Regulatory Capital - Regulatory Capital Tool for Securitization Exposures - European Banking Authority Reports on Implications of Regulatory Reforms for...more

UK Government Issues Additional Cyber Security Guidance

The UK Government has issued additional guidance for organisations to help them protect themselves against a cyber attack. The new guidance supplements the previous guidance by setting out what common cyber attacks look like...more

Financial Regulatory Developments Focus - February 2015

In this issue: - US Federal Deposit Insurance Corporation Issues Proposal Revising Provisions of Securitization Safe Harbor Rule - US Federal Deposit Insurance Corporation Issues Proposal Amending Regulations...more

“Toubon Law” 20 Years On: The Cyber Economy and France’s Law on the Mandatory Use of the French Language

In 1994, France implemented a law, known as the “Toubon Law” after France’s then-minister of Culture, Jacques Toubon, to preserve the French language, protect French consumers and promote French culture. At the time, the...more

(Un)Safe Harbor and Cloud Services in Germany Under Scrutiny

On Wednesday, Jan. 29, 2015, Berlin Data Protection Commissioner Dr. Alexander Dix, speaking at the European Data Protection Conference in Berlin, made a number of important announcements regarding the EU/U.S. Safe Harbor...more

FRANCE: CNIL Adopts New “Compliance Pack” for the Insurance Sector

In November 2014, the French Data Protection Authority (“CNIL”) issued a new “compliance pack” for the insurance sector, following consultations with trade associations. Written by Carol Umhoefer and Mathilde Hallé...more

Even Further Down the Rabbit Hole: New EU Legislation Adds to GMO Quagmire

A vote by European Union (EU) lawmakers in mid-January gave individual governments within the 28-nation bloc the authority to decide whether genetically modified organisms (GMOs) can be grown and cultivated within their...more

EU Data Protection – Proposal on Co-Operation Procedure to Harmonize Common Opinions on Contractual Clauses

On November 26st, 2014, the EU Article 29 Working Party (the "Working Party") issued a "Working Document Setting Forth a Co-Operation Procedure for Issuing Common Opinions on ‘Contractual Clauses’ Considered as compliant with...more

Orrick's Financial Industry Week in Review

Capital Requirements (Capital Buffers and Macro-prudential Measures) (Amendment) Regulations 2015 published - On January 13, 2015, the Capital Requirements (Capital Buffers and Macro-prudential Measures) (Amendment)...more

Franchise and Distribution News - January 2015

TAKE ACTION NOW TO AVOID UNEXPECTED STATE TAX LIABILITIES - Traditionally, nexus for state income tax liability has required some type of physical presence or continuous contacts by the franchisor/distributor with a...more

EUROPE – Getting closer to the EU Data Protection Regulation?

After the Italian term, the Latvian Prime Minister, Mrs. Laimdota Straujuma, took over the rotating presidency of the Council of the European Union. The Prime Minister, during the debate before the European Parliament,...more

"Insights Conversations: Cybersecurity"

This past year has been called the "year of the massive data breach," with many high-profile attacks on well-known companies. Skadden partners Cyrus Amir-Mokri, Patrick Fitzgerald, Marc S. Gerber, Stuart D. Levi and Timothy...more

OECD Releases Guidance for Digital Consumer Products

The Organisation for Economic Cooperation and Development (OECD) released Consumer Policy Guidance on Intangible Digital Content Products (Guidance) for protecting online consumers of digital content....more

EU Art. 29 Working Party Announces Cooperation Procedure for EU Model Clauses

The Article 29 Data Protection Working Party (Working Party) released a Working Document setting forth a co-operation procedure for issuing common opinions on “Contractual clauses” considered as compliant with the EC Model...more

Applying FIC (III): Transitional measures and the definition of ‘placing on the market’ under New Food Rules in the EU

Regulation 1169/2011 on the provision of food information to consumers (the FIC Regulation) entered into force on 13 December 2011, though its application is a gradual process: the specific requirements concerning the...more

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