POSTHUMOUS SURVIVAL OF PRIVACY & PERSONALITY RIGHTS: PART 2
Introduction: In Part 1 of this article, the author carved out the distinction between privacy rights, publicity rights and the right to reputation and established that the right to personality/publicity flows from the right to privacy. While the Supreme Court of India in the Puttaswamy case[1] has clarified that privacy rights do not survive the …
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POSTHUMOUS SURVIVAL OF PRIVACY & PERSONALITY RIGHTS: PART 1
Introduction: Every individual is entitled to various rights during his lifetime, of which, one of the most basic, is the right to privacy. Closely related and connected with privacy, is the right of each individual to protect his reputation, as well as to prevent the use of his personal and identifying attributes. While reputation and …
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GDPR decisions – May 2021
Court of law approves the opportunity for compensation in the event of a non-pecuniary loss following a data breach At the end of 2018, four PCs were stolen from the town hall of Gladsaxe. A spreadsheet was stored on the local drive of one of the PCs containing personal data on 20,620 citizens for inter-municipal …
Biggest gun-jumping fine or just a slap on the wrist?
The Serbian Competition Authority (“SCA”) recently focused on unapproved mergers i.e. gun jumping. The most recent “victim” of the SCA’s investigations into gun-jumping was Fortenova Grupa d.d. (“Fortenova”), with the only previous undertaking fined for gun-jumping being Prointer IT Solutions. Meanwhile, Ernst & Young are also being investigated under same allegations. Is this simply a …
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PRE-CONDITIONS TO ARBITRATION: IS STRICT COMPLIANCE NECESSARY?
Introduction Many dispute resolution clauses, in which arbitration is the agreed mode of dispute resolution, often require that parties – before initiating any arbitration proceedings – either (i) follow a structured mechanism to settle disputes and/or (ii) engage in good faith settlement negotiations with the ultimate aim of resolving their disputes or differences amicably. With …
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Panama: Changes to the requirements to obtain the “residence permit as friendly nations”
The Ministry of Public Security modifies the requirements to request the residence permit for foreigners from specific countries who maintain friendly professional, economic and investment relationship with the Republic of Panama.
Panama: Short stay visa as a remote worker
The Government of the Republic of Panama, in response to the new modalities of work worldwide, among these, remote working, considered it appropriate to create this subcategory within the Non-Resident Visas.
Recovery of the constructor’s debts: How to register the legal mortgage (statuatory lien) of the constructor in the land book
Construction companies can recover the value of construction works in Romania carried out and unpaid by the developer by initiating legal proceedings against the beneficiary. The law firm Pavel, Margarit and Associates recommends the registration of the legal mortgage of the constructor in the land book of the beneficiary. A lawyer specialized in real estate …
SHOULD INDIAN SECURITIES LAW SHIFT FOCUS FROM PROMOTERS TO PERSONS IN CONTROL?
Indian securities law has focussed on regulating, holding accountable and penalizing “promoters” as a result of concentrated family owned businesses which are largely prevalent in India. In this regard, the Securities and Exchange Board of India (the “SEBI”) defines a “promoter” to include any person: (a) who has been identified as a promoter by the …
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Lee Shih and Nathalie Ker from Lim Chee Wee Partnership speak about the developments in the law and practice of judicial management in Malaysia
As part of the BlackOak Workshop Series, Lee Shih and Nathalie Ker from Lim Chee Wee Partnership share with us practical insights into the law and practice of judicial management in Malaysia. It has been 3 years since judicial management legislation was introduced as an additional weapon in the armoury of Malaysian insolvency practitioners. We …