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Clifford Chance

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Hong Kong to allow retail access to virtual asset ETFs and considering legalizing retail virtual asset exchanges

The Hong Kong Government issued a policy statement on 31 October 2022 in conjunction with the city's flagship Hong Kong Fintech Week conference, which unveiled several key changes to the city's regulatory stance towards virtual assets (VA), in particular allowing retail access to VA futures ETFs, and launching consultation on the degree of retail access to VA, among other updates.

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Data

Next steps after U.S. President Biden issues Executive Order on U.S. data transfers from 'qualified states'

On 7 October 2022, U.S. President Joe Biden issued an Executive Order "On Enhancing Safeguards for United States Signals Intelligence Activities" (the Order) to effectuate the preliminary agreement between U.S. President Biden and European Commission President Ursula von der Leyen for promoting trans-Atlantic data flows. The Order does not establish a mechanism for transfers of personal data from the EEA to the U.S., but is expected to pave the way for an adequacy decision from the European Commission in due course, which would permit such trans-Atlantic personal data flows.

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Proptech

Building to New Heights: the Implications of 3D Printing-Capable Drones for the Construction Industry

The recent innovation of drones with highly accurate 3D printing capabilities has significant future applications in the construction industry. How should businesses engage with this new technology in their negotiations and address the potential legal issues that could arise?

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E-fuels and green ammonia – the solution for decarbonising shipping and heavy transport?

Electro-fuels, or e-fuels, have a carbon footprint of almost zero compared with hydrocarbons and are likely to play a key role in supporting the global energy transition. They are a promising alternative to fossil fuels in the transport sector, particularly shipping and aviation, and are attracting growing interest from stakeholders looking to limit CO2 emissions and meet decarbonisation targets.

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NYDFS fines health insurer EyeMed $4.5 million for cybersecurity violations after mandatory self-report

On October 18, 2022, the New York Department of Financial Services (NYDFS) announced a $4.5 million penalty against health insurer EyeMed Vision Care LLC (EyeMed) for violations of the Department’s Cybersecurity Regulation that contributed to a 1 July 2020 data breach that exposed sensitive, non-public consumer health data of New York residents. Notably, NYDFS learned about the breach after EyeMed reported the incident, as required by the Cybersecurity Regulation. The penalty is a reminder to companies in scope of the regulation to make sure to review their compliance before an incident, a costly lesson more and more companies are learning from NYDFS.

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Data Privacy: Preparing for 2023 (and beyond) in California

As 2023 approaches, a flurry of activity in California means big changes in the year ahead for data privacy. New obligations, an expanded scope of covered data, increasing enforcement, and scant regulations all mean it’s a good time for companies processing the personal information of California residents to make sure they’re prepared for the new year. Read ahead for insights into what’s coming and strategies for compliance, including Frequently Asked Questions.

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Telecoms

A novel approach to fibre network access regulation in the Netherlands

The Dutch Authority for Consumers and Markets – the ACM – recently took a novel approach to the regulation of wholesale access to fibre-to-the-home networks in the Netherlands. Side-stepping the normal route for imposing network access obligations under the Dutch Telecommunications Act (explained in further detail below), the ACM decided to accept an offer by the incumbent telecoms operator KPN and its joint venture affiliate Glaspoort to lower the rates for access to their respective fibre networks and to improve certain other access conditions.

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Data

Next steps after U.S. President Biden issues Executive Order on U.S. data transfers from 'qualified states'

On 7 October 2022, U.S. President Joe Biden issued an Executive Order "On Enhancing Safeguards for United States Signals Intelligence Activities" (the Order) to effectuate the preliminary agreement between U.S. President Biden and European Commission President Ursula von der Leyen for promoting trans-Atlantic data flows.

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Data

Monitoring in the workplace: direction of travel

Monitoring employees in the workplace is not new but the methods by which this is achieved, the workplace itself and relevant regulatory regimes are continually evolving. The UK's Information Commissioner's Office (ICO) has published for consultation draft Guidance on Monitoring at Work. Coincidentally, in the same week the international press reported a Dutch case in which the courts awarded an employee in the region of €75,000 after being dismissed for refusing an instruction to keep his webcam on for the entire duration he was logged on to his work PC.

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Latest Podcast

LabChat: Blockchain in Asia Pacific (with Joanne Chuang, Jack Hardman and Marc Liew)

Create+65 Innovation Lead Joanne Chuang and Dubai Partner Jack Hardman talk to Marc Liew, Head of Ecosystem Development for APAC at R3, about some of the key developments in the blockchain space including whether the current state of the market still presents an opportunity for reflection and innovation, as well as Clifford Chance's collaboration with R3 through the Venture Development Programme.  

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Latest Webinar

'What is the Metaverse? Will it change the world, and why should I care? - Webinar

As investment floods into the Metaverse – a collection of immersive, integrated, virtual worlds where users can live, work and play – our panel of experts explored the practical applications of the Metaverse and the legal issues that will arise as it grows.

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Fintech

MiCA – EU reaches agreement on the crypto-assets regulation

On 30 June 2022, it was announced that the EU Trilogue negotiators had reached agreement on the Regulation on Markets in Cryptoassets (MiCA). While the agreed text has not yet been published, information in respect of what to expect has been reported via a range of news outlets and lobbyists. We summarise the key points below. However, as the agreed text of MiCA is not yet available, please note that there may be nuances to the final position.

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Arbitration agreements in the T&Cs of crypto-exchanges and NFT marketplaces: Do not assume one size fits all

Many crypto businesses use online T&Cs which use arbitration as the required method of dispute resolution, which are commonplace in the US but has given rise to the question of whether those agreements are valid under non-US consumer protection legislation. We consider the issue and outline what crypto-exchanges, NFT marketplaces and other online businesses should be doing now as a result.

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Media & entertainment

The metaverse: risks and opportunities for businesses

Companies across a wide range of sectors are exploring the commercial potential of the metaverse but will need to navigate a complex patchwork of existing and emerging laws if they are to successfully operate in these virtual worlds. We examine some of the opportunities and the legal risks that may lie ahead.

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Media & entertainment

Using "Influencers" in marketing

With influencers becoming an ever more useful tool to get to consumers, we look at the law regulating the use of influencers from a UK and German perspective

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Media & entertainment

Influencer Marketing: Advertising and Marketing on social media in the UK

How brands can suffer reputational damage

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Intellectual Property

Influencer marketing – key considerations for brand owners

The right influencers, the right audience, the right content and managing risk

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Talking Tech Newsletters

Fintech

Global Fintech Update

Our weekly global fintech round-up, summarises fintech regulatory developments that have happened around the world along with our Clifford Chance fintech publications and upcoming events

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Tech

Tech Policy Unit Horizon Scanner

The Tech Policy Unit Horizon Scanner is our monthly dive into the key tech policy and legislative developments around the world.

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ESG

Sustainability: ESG Developments

This monthly newsletter is intended to assist banks, financial investors and corporates in keeping up to date with ESG developments.

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Media & entertainment

The Advertising Brief

Our quarterly newsletter delivering concise summaries of the most interesting cases from the UK's Advertising Standards Authority (ASA) with our key takeaways for all brand owners to be aware of

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Fintech

Global Crypto Round-Up

This monthly newsletter provides you with a monthly brief into the world of digital assets, keeping you up to date with regulatory developments, publications and events from across jurisdictions.

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Cyber

Stories from the Wild

This monthly newsletter will bring you the latest stories in information security and cybersecurity.

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Latest Events

Webinar: Insights on Financial Regulation: European crypto regulation – MiCA

Clifford Chance is holding a series of Insights on Financial Regulation calls in relation to the recently agreed EU Markets in Crypto-assets Regulation (MiCA). Throughout the series, our panels will bring together experts from across our European network who will outline the new requirements under MiCA. Join us for: MiCA - an overview (24th November ) MiCA for custodians (1st December) MiCA for stablecoin issuers (15th December) and  MiCA for exchanges, brokers and other venues  (5th January 2023)

 

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