U.S. SEC Publishes Unofficial Framework for Analyzing Digital Assets as Securities

The U.S. Securities and Exchange Commission (SEC) has published a framework for analyzing whether digital assets are “investment contracts” securities. The framework is said to present the views of its authors and is not officially recognized by the commission. However, it is meant to provide guidance on this topic.

The U.S. Supreme Court's landmark decisions in Howey from the 1940s ...

Dutch Regulator Issues Opinion on Prohibition of “Cookie Walls”

The Dutch Data Protection Authority issued an opinion stating that websites that block the access of users that do not consent to install cookies, violate European data protection regulations. The opinion was published after receiving many complaints and explained that tracking behavior on the web using a cookies or similar technology is currently the most extensive personal data processing activity.  ...

European Parliament Approves Precedential Copyright Legislation

The European Union's Parliament has approved its controversial copyright legislation, known as the Directive on Copyright in the Digital Single Market 2016/0280, which introduces precedential copyright arrangements. 

The legislation’s objective is to ensure that the copyright rights and obligations also apply online, while striving to ensure that the Internet remains an environment for freedom of expression. One of the directive’s ...

UK Legislator Prepares for Brexit

Two regulations readying UK data protection law for a post-Brexit world have been promulgated in recent weeks. These regulations will only come into force upon the UK’s withdrawal from the EU. The regulations are intended to preserve the status quo post-Brexit by amending certain provisions of the GDPR to allow it to become UK domestic law and by gradually adopting ...

FTC Imposes Unprecedented Fine for Violations of Children’s Online Privacy Rules

Operators of the video social networking app Musical.ly have agreed to pay a record penalty of $5.7 million to settle an enforcement lawsuit brought by U.S. Federal Trade Commission (FTC). The lawsuit alleged that Musical.ly violated the U.S. federal Children’s Online Privacy Protection Act (COPPA) by failing to notify parents about the app’s collection and use of personal information from ...

Israeli Court Rules a Bank’s Policy to Prohibit Opening Accounts for Customers Engaged in Providing Services Relating to Cryptocurrencies is Unreasonable

The Tel Aviv District Court has ruled that a bank’s policy to prohibit opening accounts for customers engaged in providing services relating to cryptocurrencies, is unreasonable. The decision was delivered in a lawsuit brought by a company that engages in Bitcoin mining against a bank branch that had closed the company’s account. The question raised before the court was whether ...

EU Regulators publish opinion on the Interplay between the GDPR and the ePrivacy Directive

EU Regulators publish opinion on the Interplay between GDPR and the ePrivacy Directive. The European Data Protection Board (EDPB) published an opinion detailing the relationship between the GDPR and the ePrivacy directive, which have a different, but overlapping, material scope.

The opinion reiterated the accepted principle - lex specialis derogate legi generali - special provisions prevail over general rules in ...

Stakeholders in The U.S. Advocating for a Federal Privacy Law

The United States Congress is considering the opinions of various stakeholders on the question of a federal privacy law. In a hearing held at the U.S. House of Representatives, industry stakeholders like the Internet Advertising Bureau (IAB) urged Congress to enact a federal privacy law that would preempt state laws, arguing that state laws are not only complicated to navigate ...