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Updata – Your quarterly privacy & cybersecurity update

Welcome to the second edition of Updata – the international quarterly update from Eversheds Sutherland’s dedicated Privacy and Cybersecurity team. Updata provides you with a compilation of privacy and cybersecurity regulatory and legal updates from our contributors around the globe over the past quarter. You can find previous editions on our dedicated webpage....

Vietnam sheds light on impending cybersecurity law

Vietnam recently issued a draft decree that clarifies the scope of its impending cybersecurity law and its impact on foreign businesses. The law is set to go into effect on January 1, 2019, though the implementation of certain requirements that impact foreign companies the most will likely be delayed. Unlike other cybersecurity and data privacy laws passed this year, which were...

India’s highest court defends data privacy

India’s Supreme Court recently issued a holding that increases the data privacy protection that businesses operating in India must provide. The holding strikes down the portion of Section 57 of the Aadhaar Act that had previously allowed businesses to require national ID numbers, known as Aadhaar numbers, for “any purpose.” The industries most impacted by this ruling will likely be...

Malaysia seeks to expand personal data protection

Malaysia is looking to impose a data breach notification (DBN) requirement to its existing data privacy law, which would impact companies around the world who do business in Malaysia. The Malaysian Personal Data Protection Commissioner is currently hearing feedback on Public Consultation Paper No. 1/2018, which would impose a DBN requirement on companies that need to be registered with...

Virtual currencies as commodities—CFTC wins battle in the fight to define cryptocurrencies as commodities but has it won the war?

A federal court in Massachusetts allowed the US Commodity Futures Trading Commission’s fraud case against virtual currency operators to continue by finding that the digital coin met the definition of “commodity” under the Commodity Exchange Act. The court rejected the defendants’ argument that the virtual currency at issue was not a “commodity” because there was no futures contract...

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