The General Data Protection Regulation (GDPR) and the Revised Swiss Data Protection Act (revised FADP) embrace a risk-based approach to data protection. Organisations that control the processing of personal data (controllers) are encouraged to implement protective measures corresponding to the level of risk of their data processing activities.
With COVID-19 leading to many people working remotely, organisations need to think about how documents and contracts can be signed and concluded. While some projects will slow or stall, many routine contracts will be up for renewal in the next few months, and other transactions will be due to complete. The logistics of signing in …
In the build-up to the GDPR coming into effect in 2018, the legal consequences of privacy and cyber security risk were dominated by the headline issue of regulatory fines, and the need to avoid them. The reality is somewhat different. Of course, there have been some groundbreaking fines but they remain rare; the Information Commissioner’s …
I am writing this from my home office, the world having been turned somewhat upside down in the last few weeks. I was expecting to be writing about warranty and indemnity (W&I) insurance trends and claims in 2020, but the form book has been very much disrupted, at least in the short term. I have …
As its commercial disputes practice celebrates ten years, Alex Wade talks to Clive Zietman and Philippa Charles of Stewarts about litigation as a passion as well as a vocation What have been your personal highlights in ten years of the commercial disputes practice at Stewarts? Clive Zietman (CZ), partner and head of commercial litigation: We’ve …
After 40 years of economic reforms and intense development in China, the economic landscape has matured. Foreign investment legislation in China sits on the cusp of a new era, in which reforms will pave the way for significant improvement, including corporate governance in foreign entities. Although, today foreign companies in China still face challenges in …
Over the past year, the appetite to make changes to the Scottish civil justice system has increased, particularly in the case of mediation. Although at an early stage, there are various legislative reforms being proposed that give mediation a more prominent position in all civil litigation matters. But what exactly are these proposed changes, and …
Two-key principle The opportunity to appoint two or more directors in a company, who exercise their authority jointly or severally, has been available in many foreign jurisdictions for a long time. However, until 2014 Russian law stuck to the approach that only one person may hold the position of CEO and be indicated as CEO …
Recent case law has shown that bad faith is a continually evolving concept whose assessment can lead either to the cancellation or to the transfer of trade mark applications registered in bad faith. In 2019, French courts notably cancelled important French trade marks such as ‘Vente-privee‘ and ‘Laguiole‘ on the basis of their applicant’s bad …
In Mexico, corporate governance best practices have been part of the business environment for the last 20 years. Since 1999, following the OECD Principles (which in turn used the recommendations of the Cadbury Report to varying degrees), the first voluntary Mexican Best Corporate Practices Code (CMPC), issued by the Mexican Business Co-ordinator Council was published. …