Policing the internet: aligning the internet with the real world

MV Conversations with António de Macedo Vitorino The Internet is open to anyone with a mobile phone hiding behind an Internet ‘identity’, and this is where the real work is for Governments and Regulators to step in to protect our communities. Recent and past atrocities have thrust the Internet and social media into the spotlight. From cyberbullying, slander and trolling to live streaming terror, the worldwide web is becoming ever more entangled. While there is legislation in place to punish those held accountable, one of the main problems facing our Governments is the anonymity of those actually responsible, says António Macedo [...]

New bank, old problems

How the government almost got it right with novo banco. MVConversations with António de Macedo Vitorino By failing to fix a crucial piece of the puzzle, has the success of Novo Banco been undermined by an inability to draw a line under the BES legacy? The € 4.9 billion bailout of Banco Espírito Santo (BES) by a special bank Resolution Fund in 2014 saw one of Portugal’s largest listed banks split into Novo Banco, the ‘good’ bank, and a ‘bad bank’ of toxic assets. This split, however, is turning out to be more of a ‘break’ than a clear-cut divorce, and [...]

The pinto paradox: where are today’s legal and ethical lines?

Blackmail, extortion, corruption, extradition and football – it’s what media dreams are made of. But do the ends justify the means? MVConversations with António de Macedo Vitorino Football leaks – the largest data leak to date revealing some of the sport’s best kept secrets – has prompted a media firestorm in Portugal. One man’s fight for transparency in the world of football, uncovering widespread wrongdoing at some of Europe’s biggest Clubs and by world class players, is being done at the expense of everybody’s right to privacy. While what Rui Pinto exposed is clearly a Pandora’s box of criminal conduct prompting [...]

Specifics of foreign creditor’s participation in bankruptcy proceedings in Russia

In February 2018, Euler Hermes, the world's largest company specializing in export credit insurance, prepared a rating[1] of countries in terms of the difficulty of debt collection by foreign creditors from national companies. A total of 50 countries were represented in the rating, the difficulties in which were assessed, inter alia, from the standpoint of problems associated with bankruptcy. Russia took the 5th place in this ranking with 72 points out of 100 with a general rating of "severe" difficulty and very high associated costs. Despite the fact that compared to the result from 2014, Russia's rating improved by 5 points, [...]

The California Consumer Privacy Act of 2018

Don’t wait until 2020 to get started! A new consumer privacy law, the California Consumer Privacy Act of 2018 (“CCPA”), will go into effect on January 1, 2020, establishing new privacy rights for a California resident (hereinafter “consumer”) over their personal information collected and sold by businesses. Although the law will not become enforceable until January 1, 2020, it contains a 12-month “look-back” provision, which necessitates that any organization begin its CCPA preparations well in advance of the law’s effective date. 1. Who is subject to the CCPA? The CCPA is applicable to a business that collects consumer personal information itself, [...]

Social legislation: Changes to social legislation in 2019 (Germany)

The year 2019 will bring changes to social legislation in Germany. In essence, the following new regulations have entered into or will enter into force: Employer's contribution for deferred compensation – see the Federal Ministry of Labour and Social Affairs’ press release from 16 October 2018 From 1 January 2019, employers are obliged in all cases of deferred compensation to pass on saved social security contributions (as a lump sum of 15%) to pension institutions/employees. However, this only applies if no deviating arrangement has been agreed via a collective wage agreement. With regard to deferred compensation agreed before 1 January 2019, [...]

Labour law: Changes to German labour law in 2019

In 2019, there will be a number of changes to several areas of German labour law. In addition to changes to the right of termination, to bargaining unit law and to the law on fixed-term contracts, as well as changes to the rules governing temporary part-time work and the Training Opportunities Act, an increase in the minimum wage and the introduction of a new corporate immigration law are expected. Some of these changes are coming into force following lengthy debate and negotiations and are now being recognised through their embodiment in law. The most relevant changes for 2019 are listed and [...]

First Ever Cybersecurity Act in Bulgaria

From being seen as only a potential treat of the future but just a few years ago, cybercrime has now become a reality affecting the entire EU internal market. In response, cybersecurity has become an essential element of the EU Digital Single Market Strategy (‘Strategy’) leading to, among others, the adoption of Directive (EU) 2016/1148 concerning measures for a high common level of security of network and information systems across the Union (‘NIS Directive’). Following the Strategy, on 31 October 2018, the Bulgarian Parliament adopted the first ever Cybersecurity Act (‘Act’) transposing the NIS Directive. The main objective of the NIS [...]

Labour law: parttime work in Germany

German Bundestag adopts act on the introduction of “bridge part-time” work Bundestag Document 19/3452; Draft of an Act on the Further Development of the Law of Part-Time Work – Introduction of Bridge Part-Time Work Background On 18 October 2018, the German Bundestag adopted an Act on the Further Development of the Law of Part-Time Work, and established a legal entitlement to temporary part-time employment in connection with this. The German Parliament was prompted to enact these arrangements for reasons of labour policy, equality policy, and family policy. The intention is to enable employees to decide freely whether, following a period of [...]

Sustainability: some United States and European comparisons

Politics and the popular press rely on slogans and generalizations. One popular international viewpoint is that the United States has moved away from commitments to reduce carbon emissions. This is understandable in light of certain policy statements from the Trump administration, such as pulling out of the Paris accords and rescission of the Clean Power Plan, and other environmental regulations applicable in the United States.