Understanding Blockchain - Blockchain and Securities Law - Part 6
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MoFo Tech brings together legal insights and in-depth analyses on trends and complex issues shaping the global technology industry, covering fields such as blockchain and distributed ledger, cloud and SaaS technologies, driverless cars, drones, FinTech, computer hardware and software, the IoT, semiconductors, and telecommunications.
- In this episode of “Understanding Blockchain,” Morrison & Foerster’s Susan Gault-Brown and Dario de Martino discuss the limits on the transferability of cryptocurrencies. This ongoing series is dedicated to providing an overall understanding of blockchain technology and how companies can use it to share,... ›
Understanding Blockchain - Blockchain and Securities Law - Part 5
In this episode of “Understanding Blockchain,” Morrison & Foerster’s Susan Gault-Brown and Dario de Martino discuss how to determine whether "utility tokens" are securities or not. This ongoing series is dedicated to providing an overall understanding of blockchain technology and how companies can use... ›Japan: Privacy Updates on Handling Personal Information in the “Digital Market”
By: Yukihiro Terazawa
This alert summarizes several legislative updates related to the handling of personal information in the so-called “digital market,” including: The amendment to the Personal Information Protection Act; New guidelines by the Japan Fair Trade Commission, which address businesses operating digital platforms; and The enactment... ›Bitcoin Is “Money” for Purposes of D.C. Money Transmission Law, Says Federal Court
A recent federal district court ruling in a criminal anti-money laundering case suggests that the transmission of virtual currency on behalf of another person requires a state money transmission license — even if the state’s money transmission law does not expressly address the regulation... ›Determining Liability For Illegal Uploads to Online Platforms: An ECJ Opinion Decides in Favour of Platform Operators
By: Alistair Maughan and Mercedes Samavi
Online platform operators have a rare cause to be cautiously optimistic at news from the European court. In a recently-published European Court of Justice (ECJ) opinion, Advocate General Henrik Saugmandsgaard Øe stated that, under the current EU legal regime, operators should not be directly... ›The Ruling on SCCs and Privacy Shield May Not Be As Straightforward As It Seems
By: Miriam H. Wugmeister and Alex van der Wolk
Today, the Court of Justice of the European Union (“Court”) issued its judgement in the Schrems II ‑case. The case relates to the validity of certain transfer mechanisms to legitimize international sharing of personal information from the EU to outside the EU. In short, the... ›The New P2B Regulation Is Out – Here’s What Your Business Needs to Know
By: Alistair Maughan and Mercedes Samavi
From 12 July 2020, any business (whether or not EU-based) providing an online platform or search engine to business users in the EU and the UK must comply with a new EU regulation designed to promote fairness and transparency. Platform use terms may need... ›Summer of Crypto – NYDFS Announces New Initiatives and Regulatory Proposals for Conditional BitLicense and Virtual Currency Regulation
On June 24, 2020, the New York State Department of Financial Services (“NYDFS”) announced a series of initiatives designed to provide further guidance and resources for businesses operating in, and potential new entrants into, the virtual currency industry. The initiatives represent the first major... ›California Privacy Rights Act of 2020 Qualifies for November Ballot
By: Kristen J. Mathews
The California Privacy Rights Act of 2020 (CPRA), the California ballot initiative that would amend and expand the California Consumer Privacy Act of 2018 (CCPA), has qualified for the November 2020 California ballot. Read our client alert.... ›Digital Compliance in Europe: Regulatory Alignment Post-Brexit
By: Alistair Maughan and Mercedes Samavi
Despite the coronavirus pandemic, the process of implementing Brexit continues. One of the key Brexit issues for the tech sector is the extent to which the UK will either align or diverge its digital regulations with the EU. Both the UK and EU have... ›