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Data protection in Latin America is a developing topic, with many countries maintaining legislation that has not been reformed to meet EU standards. Moreover, cultural attitudes towards this matter may prove unfamiliar to organisations not used to operating in the region. Gilberto Martins de Almeida, Partner at Martins de Almeida - Advogados, discusses how to navigate this evolving data protection landscappe.

The notion of the Metaverse has gone from a concept reserved for science fiction media to a very real prospect as technology develops. This progress however brings with it a host of legal issues which should be considered ahead of time. Anas Abdul Alhameed Al-Qudah, Sarah Alkurdi, and Heba Idmoor, from Qudah Law Firm LLP, discuss the key issues which arise from this topic.

The United Nations Office on Drugs and Crime ('UNODC') and the Security Council Counter-Terrorism Committee Executive Directorate ('CTED') launched, on 28 October 2021, the Data Disclosure Framework ('DDF'), which is a practical tool for outlining the practices developed by international service providers in their response to data requests submitted by foreign criminal justice authorities. In particular, the UNODC stated that the DDF is the latest in a series of practical tools developed in 2021 by the United Nations Global Initiative on Handling Electronic Evidence, and is the first such document to target smaller tech companies and micro-platforms specifically.

Phil Redman, ESG Offering Manager at OneTrust ESG, discusses key steps that organisations, and their Chief Sustainability Officers ('CSO') where designated, can take to build a successful ESG and Sustainability Program. Redman sets out the following five steps as pivotal to constructing an ESG and Sustainability Program that meets the expectations of stakeholders, both internal and external.

In light of the growing call and urgency for organisations around the world to lead the way in supporting pressing environmental, social, and governance ('ESG') issues, many questions have emerged on the definitions, goals, and practical implications of ESG. OneTrust DataGuidance answers some of the most frequently asked questions regarding the following ESG topics and provides resources for further guidance:

On 27 September 2021, the Information Technology Industry Council ('ITI') issued a series of recommendations on Global Policy Principles for Security Incident Reporting ('the Recommendations'), which aims to establish a harmonised approach to security incident notifications, among other things. Brian J. Pezzillo, Attorney at Howard & Howard Attorneys PLLC, discusses the Recommendations and their impact.

Whistleblowing is an extremely hot topic at the moment and will likely remain a significant focus area for some time. The landscape has evolved in recent years, with social media now providing a platform for people to speak up and deliver damaging messages that could or should have been handled internally. In this article, Nicholas Thorpe and Richard Branson, from Fieldfisher LLP, consider guidelines regarding effective whistleblowing systems issued by the International Organization for Standardization ('ISO'), looking at what they do well and areas that have potentially been overlooked. 

This article sits within a three-part series dedicated to COP26 and seeks to discuss some of the key outcomes of the 2016-2020 United Nations Climate Change Conferences ('COP'), i.e. COP22 - COP25. Part one1 of the series discussed the Paris Agreement2 which was adopted at COP21 in 2015. Part three will include experts' reactions and analyses following the outcomes of COP26.

 

The General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') and the Health Insurance Portability and Accountability Act of 1996, as amended ('HIPAA'), both regulate medical data in their respective jurisdictions. Nathanael F. Williams, Associate at Fox Rothschild LLP, discusses the similarities and differences between these two pieces of legislation.

On 12 December 2015 a legally binding international treaty on climate change, known as the Paris Agreement, was adopted by Decision 1/CP.21, at the 2015 United Nations Climate Change Conference ('COP21') held in Paris. The Paris Agreement, aimed at significantly limiting global warming, came into effect on 4 November 2016. The commitments made thereunder are due to be updated at the 2021 United Nations Climate Change Conference ('COP26').

This article forms part one of a three-part series and seeks to discuss some of the key aspects of the Paris Agreement. Part two1 of the series will address what has been achieved since COP21 and part three will include expert's reaction and analysis following the outcomes of COP26.

With the new scenario following the Court of Justice of the European Union's ('CJEU') decision in Data Protection Commissioner v. Facebook Ireland Limited, Maximillian Schrems (C-311/18) ('the Schrems II Case'), the legitimation of international data transfer flows has changed, directly impacting the regulation of the different technologies and vendors in the online advertising field. Dmitry Alekseev and Javier Arnaiz, Senior Associates at ECIJA, discuss this issue and its nuances. [This insight has been updated in July 2021 in light of the finalised EDPB Recommendations 01/2020 on Measures that Supplement Transfer Tools to Ensure Compliance with the EU Level of Protection of Personal Data]

Shareholder activism resulting in unseating three directors at a Fortune 10 company. A key court decision on climate change. Progress on a sweeping EU Directive on Corporate Due Diligence and Corporate Accountability1, and new laws passed in Norway and Germany, addressing broad environmental, social, and governance ('ESG') and human rights mandatory due diligence and corporate accountability. Building on an ESG Task Force at the US Securities and Exchange Commission ('SEC') launched in March, legislation that just passed the US House of Representatives which, if passed by the Senate (challenging) and enacted, would increase public company ESG disclosures. Tara Giunta and Quinn Dang, Partner and Associate respectively at Paul Hastings LLP, unpack the evolving ESG landscape and considerations for organisations.