Turkish Data Protection Board’s Expectations on Compliance: Recent Decisions
The Turkish Data Protection Board (“Board”) has recently published summaries of several important decisions on certain matters, which may constitute precedents for future cases. All of the decisions below are published on the Data Protection Authority’s website on February 12, 2021.
Business Interruption COVID-19 Test Case: Financial Conduct Authority’s Test Case- The UK Supreme
On 15th January 2021 the UK’s Supreme Court handed down its decision Financial Conduct Authority (Appellant) -v- Arch Insurance (UK) Ltd and others (Respondents) [2020] EWHC Comm 2448. The Supreme Court rejected all of the Insurer’s appeals and it allowed the appeals by the FCA.
KBR, THE SERIOUS FRAUD OFFICE AND SECTION 2 NOTICES
Aziz Rahman assesses the implications of the Serious Fraud Office’s defeat in a Supreme Court case regarding its ability to use Section 2 of the Criminal Justice Act to obtain documents held in other countries.
Cryptoassets in Cyprus – Under the ambit of the 5th AML Directive
A. INTRODUCTION The enactment of the amending law to the Prevention and Suppression of Money Laundering and Terrorist Financing Law 188(I)/2007 on 18.02.2021 (“the new AML Law”) fully implementing the EU Directive 2018/843 (“the 5th AML Directive”), constitutes the introduction of cryptoassets in the Cyprus regulatory system.
The Long-Running Battle: Limitations of Liability in M&A Transactions
I. Introduction Allocation of liabilities between the parties in merger and acquisition (“M&A”) transactions is of utmost significance, in order to ensure that the buyer will be sufficiently protected, and the seller’s liabilities limited as much as possible. Under Turkish laws, the sellers` liabilities are subject to the provisions of the Turkish Code of Obligations …
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Malaysia’s First Legal Remedies Against “Persons Unknown”
INTRODUCTION Zschimmer & Schwarz GmbH & Co KG Chemische Fabriken v Persons Unknown & Anor [2021] 7 MLJ 178 is Malaysia’s first legal action against “Persons Unknown” in light of a push payment fraud. The judgment has provided important clarification on the remedies against “Persons Unknown”. The Malaysian High Court granted a Mareva Injunction and a Proprietary …
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The Quincecare Duty: A narrower scope of Application
The Quincecare duty is applied in United Kingdom since case Barclays Bank plc v Quincecare [1992] 4 All ER 363, issued back in 1992. In the most recent decision Fiona Philipp v Barclays Bank UK plc narrows the scope of application of the Quincecare duty.
Foreign Investment and Technology Transfer Rules 2077 (2021)
The article summarizes Foreign Investment and Technology Transfer Act 2019 (2075) that has brought into effect the Foreign Investment and Technology Transfer Rules 2021 (2077) (“FITTR”).
Enforcement and Setting Aside of an Arbitral Award in Thailand
What is Arbitration? Arbitration is one of the most effective Alternative Dispute Resolution (“ADR”) approaches to resolving disputes outside the courts. Arbitration is often considered for the resolution of disputes, most commonly used in relation to international commercial transactions.
Public Tenders and Contracts in Malta; An Insight into the Key Requirements and Notions
Under Maltese law, the main legislative instrument in the field of public tendering and contracting is the Public Procurement Regulations, Subsidiary Legislation (‘SL’) 601.03.