Photo of Jennifer Kashatus

Is your startup considering hiring software developers in a foreign country to work on the latest version of your app?  Is your company considering acquiring an entity with employees who have developed intellectual property (“IP”) in non-U.S. jurisdictions?  From hiring independent contractors or employees (each may be referred to in
Continue Reading Cross-Border Considerations for Protecting IP Developed by Employees and Independent Contractors

Written by Sydney White

In response to comments on the National Telecommunications & Information Administration (NTIA) IoT Request for Comment (RFC) and the Stakeholder Engagement on Cybersecurity in the Digital Ecosystem RFC in 2015, NTIA held a workshop on “Fostering the Advancement of the Internet of Things” September 1.  The
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The National Telecommunications and Information Administration (“NTIA”) has sought comment on a broad range of issues related to the advancement and regulation of the Internet of Things (“IoT”), including technological challenges/benefits of IoT, definitional issues, privacy, and cybersecurity related issues, among others. NTIA will use the information to produce a
Continue Reading NTIA Seeks Comment on IoT Issues

Written by Stefan Panic

Further to its initial public statement regarding the ECJ Safe Harbor judgement, the Austrian DPA has released an update, clarifying its position that, for the time being, the Austrian DPA will accept EU Model Clauses or Binding Corporate Rules as basis for transfers of personal data


Continue Reading AUSTRIA: Update by the DPA regarding Model Clauses and BCR after the Safe Harbor judgement

Written by Giangiacomo Olivi

Some Italian parliament members published a proposal for a new law that may dramatically change the scenario for e-commerce and web operators doing business in Italy.

The proposal (called by some commentators as “Digital” or “Web Tax”) is substantially a combination of domestic rules affecting the taxation of the digital economy. Also in line with the OCSE “Action Plan on Base Erosion and Profit Shifting (BEPS) the proposal includes:

  • the setting up of a new concept of permanent establishment in Italy (which should cover also a “virtual permanent establishment” in line with the OECD approach);
  • the application of a 25% withholding tax to be applied by the financial institution processing the payments made to a foreign e-commerce provider by an Italian customer (B2C transaction);
  • the application of a 25% withholding tax to be applied where it is identified a hidden “virtual permanent establishment” on payments made by an Italian company to a foreign e-commerce provider (B2B transaction). Also in this case the withholding tax is applied directly by the financial institution processing the payment process.


Continue Reading ITALY – New “Digital Tax” in Italy for e-commerce and web operators!

Written by Scott Thiel, Edward Chatterton and Louise Crawford

The Hong Kong Privacy Commissioner for Personal Data (“PCPD“) recently published an information leaflet outlining the application of the Personal Data (Privacy) Ordinance (the “PDPO“) for data users looking to engage cloud providers. The information leaflet outlines
Continue Reading LEGAL UPDATE: CLOUD COMPUTING IN HONG KONG

Written by:  Heng Loong Cheong, Joyce Chan, Samuel Yang, Louise Crawford

DOMESTIC BANK CARD CLEARING MARKET OPENS UP

Only a few months ago, the State Council’s announcement of the Decision on the Implementation of Market Access Administration in relation to Bank Card Clearing Institutions (the “Decision“) marked the
Continue Reading POTENTIAL GAME CHANGERS: ROUNDUP OF LEGAL CHANGES IN THE CHINA PAYMENTS INDUSTRY

Written by Tim Lyons

Addressing privacy concerns: a question solely for regulators?

Much has been written about the application and potential shortfalls of data privacy laws in the context of the IoT. Legal protection of data privacy is obviously essential, and legislators and regulators around the world are grappling with how to best provide sufficient protection for consumers, and useful guidance for IoT developers, without stifling innovation.


Continue Reading Building privacy into the Internet of Things

Written by Patrick van Eecke and Atoon Dierick

On 6 July 2015, the European Commission launched a public consultation on the current Audiovisual Media Services Directive 2010/13/EU (“AVMSD”), entitled “A media framework for the 21st century”.

The aim of this public consultation, launched as a result of the rapidly shifting


Continue Reading EU: European Commission declares Audiovisual Media Services Directive rules open for debate