On February 1, 2023, the Federal Trade Commission (FTC) announced a complaint against and proposed settlement agreement (the “proposed order”) with GoodRx, a digital health company, over its data sharing practices that allegedly resulted in the disclosure of sensitive health information to third-parties. This is the first enforcement action the FTC has ever brought under the Health Breach Notification Rule (HBNR).1 The commissioners unanimously voted to approve the proposed order, which must be published for public comment before the...

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The European Commission, in response to an inquiry by the European Ombudsman and pressure from Irish privacy campaigners, has requested that all national data protection regulators file detailed bi-monthly reports on any active large-scale cross-border investigations. The Commission stipulates that the reports will be required to include details including key procedural steps taken, the controller and/or processor who is the subject of investigation, as well as the provisions of GDPR that are at issue. This development has scope for considerable...

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The Retained EU Law (Revocation and Reform) Bill, or “Brexit Freedoms Bill,” is moving through the UK Parliament. Bill would end the special status of Retained EU Law in the UK (those laws kept in place at the time of Brexit) and enable it to be amended, repealed or replaced more quickly and easily. The immediate potential impact of this law for employers would be the possible deletion of certain employment regulations unless they are preserved or replaced. The...

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In a notice scheduled to be published in the Federal Register on February 7, 2023, the office of the U.S. Trade Representative (USTR) announced that it is again extending the China 301 tariff exclusions on 81 “COVID items” which would have otherwise expired on February 28, 2023. The extensions will run through May 15, 2023. The specific items in question can be accessed here. By way of background, the USTR had previously announced the extension or modification of a total of 99...

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Practitioners and EU officials alike seem to be in agreement that the Foreign Subsidy Regulation (Regulation (EU) 2022/2560; “FSR”), which entered into force on 12 January 2023 (see our News Alert here), will have a significant effect on M&A deals. The new notification tool for transactions introduced in Articles 19 to 26 of the FSR has the potential to impose major bureaucratic burdens on deal parties by requiring them, if certain thresholds are exceeded, to notify certain transactions and...

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What does this new landmark law mean for service providers? The Digital Services Act (DSA) establishes a framework for an unprecedented level of transparency, accountability and fairness for digital services in the EU. It imposes obligations in a cascading fashion, with a base level of universal obligations and more onerous obligations applying to three specific categories of service provider. The DSA applies where recipients of a service are based in the EU, regardless of the service provider’s place of establishment....

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The Internal Revenue Service is ready, willing and able to help authorities worldwide with tax enforcement – especially with the sharing of taxpayers’ information. In Zhang v. United States, taxpayers recently appealed a decision from the U.S. District Court for the Northern District of California that denied their petition against an IRS summons for information. The summons was at the request of the Canadian tax authority; the U.S. and Canada have a bilateral tax treaty. The Ninth Circuit Court sided with the...

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The monthly newsletter gives you an overview of recent notable changes in Canadian and American immigration. Here is an overview of the most recent news as of January 31th, 2023. CANADA Prohibition on the Purchase of Residential Property by Non-Canadians Regulations As announced at the end of last year, the Act prohibiting the purchase of residential immovables by non-Canadians came into force on January 1, 2023, and so for the next 2 years. This Act is the result of collaborative work between...

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Key insights Understanding the basic framework of check-the-box regulations can help buyers and sellers identify potential U.S. income tax and reporting risks. A thorough understanding of a U.S. target’s global tax structure can allow buyers to plan for postacquisition restructuring. Accurate reporting of a U.S. target’s global tax structure can allow both buyers and sellers to negotiate tax-efficient deal structuring. Understanding the basic framework of tax classification regulations can help buyers and sellers identify potential U.S. income tax and reporting...

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