Latest updates

Initial approach to General Circular Economy Law initiative
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • 17 February 2020

In October 2019 the General Circular Economy Law initiative was presented to the Senate for discussion and approval. The initiative was prepared in response to Mexico's increasing waste generation and aims to coordinate the attempts of the municipal, state and federal authorities to address this problem. As such, the initiative proposes granting several new powers to each level of government in order to foster the creation of a circular economy in Mexico.

National Advertising Division refers supplement advertising to FTC
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 14 February 2020

A recent action by the National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, illustrates that advertisers that participate but decline to be bound by an NAD decision can expect to be referred to the Federal Trade Commission (FTC). The NAD recently announced that it had referred advertising claims made by a dietary supplement company to the FTC for further review, following a challenge by the Council for Responsible Nutrition.

Draft rules on net neutrality issued for public consultation
Hogan Lovells BSTL SC
  • Tech, Data, Telecoms & Media
  • Mexico
  • 14 February 2020

In December 2019 the Federal Telecommunications Institute issued draft rules for public consultation to further regulate net neutrality in Mexico. Further discussions are anticipated following the consultation period and the definitive rules are expected to be published in mid-2020. Nonetheless, the publication of draft rules to regulate net neutrality is a positive step which has long been awaited by both industry players and non-governmental organisations.

Mobile phones may cause brain tumours: Turin Court of Appeals revives debate
  • Product Regulation & Liability
  • Italy
  • 13 February 2020

After a two-year dispute, the Turin Court of Appeals has dismissed the appeal filed by the National Insurance Provider (INAIL) and upheld the first-instance decision issued by the Court of Ivrea in 2017, which established causation between extensive work-related use of mobile phones and brain tumours and ordered INAIL to compensate the claimant with a lifelong payment.

Eleventh Circuit rejects broad reading of autodialer
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 07 February 2020

The Eleventh Circuit panel recently released a landmark ruling in Glasser v Hilton Grand Vacations Company, LLC. The key issue was how to interpret ambiguous language in the Telephone Consumer Protection Act's (TCPA's) definition of an 'automatic telephone dialling system'. In recent years, imprecise statutory phrasing and the Federal Communication Commission's liberal reading of the legislative history has empowered plaintiffs to assert TCPA claims based on a wide array of calling systems.

Hemp food – Ministry of Health sets acceptable levels of THC
Hogan Lovells
  • Product Regulation & Liability
  • Italy
  • 06 February 2020

The Ministry of Health recently published the THC Decree, which sets the maximum tetrahydrocannabinol content permitted in food products, together with guidance on the appropriate method of analysis. Some commentators have welcomed the new regulation as a liberalisation of the use of hemp in food products; however, on closer inspection, this conclusion proves to be unjustified.

Cybersecurity and the False Claims Act: new frontier for contractor liability?
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 31 January 2020

Two recent cases highlight the increased False Claims Act risk that cybersecurity compliance poses for government contractors. The first is a cautionary tale for contractors that self-certify that their IT systems provide adequate security for sensitive federal information which they store, process or transmit in performance of a federal contract. The second signals the importance of accurately representing compliance with federal cybersecurity standards when selling IT products or services to the government.

Washington State to try again for comprehensive privacy law
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 24 January 2020

The Washington Privacy Act (WPA) gained significant traction in the legislature in 2019, passing the state Senate almost unanimously, but ultimately failing in the state House of Representatives due to discussions around facial recognition and compliance challenges. State Senator Reuven Carlyle has now released a revised draft of the WPA for 2020. If enacted as drafted, this new version of the WPA would come into effect on 31 July 2021.

ETS pilot programme on horizon
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • 16 December 2019

The preliminary bases for Mexico's emissions trading system (ETS) pilot programme were recently published in the Federal Official Gazette. The ETS is one strategy adopted by Mexico to meet its goals under the Paris Agreement. The pilot programme will determine whether the ETS is a viable scheme for reducing Mexico's greenhouse gas emissions. Companies should follow the results closely, as these will be paramount in determining the characteristics of the operational phase.

FCC announces members of precision agriculture task force
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 06 December 2019

The Federal Communications Commission (FCC), in consultation with the Department of Agriculture, has announced the members of the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States. The task force, an advisory body to the FCC, will investigate the current state of broadband access in agricultural areas and recommend policies and regulatory solutions to the FCC to promote broadband deployment and precision agriculture.

New state internet provider established
Hogan Lovells BSTL SC
  • Tech, Data, Telecoms & Media
  • Mexico
  • 06 December 2019

A new state-owned company has been established to provide free internet services to all citizens in Mexico. The company aims to provide telecoms services without charge and guarantee the right of access to information technologies and communication (including internet and broadband), particularly to people without access to such services in Mexico.

DoD and FCC to collaborate on 5G testbeds
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 29 November 2019

The Department of Defence (DoD) has announced a plan to pilot 5G technologies on four military installations in partnership with private industry and the Federal Communications Commission. The project has been heralded as an opportunity for the DoD to work with industry and collaborate across federal agencies to advance the Trump administration's policy of maintaining the United States' global leadership in 5G.

California enacts another CCPA – robocall legislation
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 22 November 2019

California Governor Gavin Newsom recently signed the Consumer Call Protection Act 2019 to address the rise in deceptive robocalls and protect consumers from fraudulent calls. The act requires telecoms service providers to implement secure telephony identity revisited (STIR) and secure handling of asserted information using tokens (SHAKEN) protocols by 1 January 2021 and is the latest in a series of ongoing efforts to promote STIR/SHAKEN or similar call authentication frameworks.

New York enacts new data security laws
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 15 November 2019

New York Governor Andrew Cuomo recently signed into law a pair of bills establishing new requirements for businesses that process certain personal information relating to New York residents. The changes include expanding the scope of information covered by New York's data breach notification law. Businesses maintaining the private information of New York residents will now be required to develop reasonable safeguards within their organisation as part of a new reasonable security requirement.

DOJ memorandum provides clarified guidance on corporate inability-to-pay claims
Hogan Lovells
  • White Collar Crime
  • USA
  • 11 November 2019

The US Department of Justice (DOJ) has issued a new guidance memorandum entitled "Evaluating a Business Organisation's Inability to Pay a Criminal Fine or Criminal Monetary Penalty". This memorandum aims to provide greater clarity, transparency and uniformity as to how the DOJ's Criminal Division evaluates companies' claims that they cannot pay a proposed criminal fine or monetary penalty.

California attorney general releases proposed CCPA regulations
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 08 November 2019

The California attorney general recently released proposed regulations to implement certain provisions of the California Consumer Privacy Act (CCPA). The attorney general also released a notice of proposed rulemaking and an initial statement of reasons that provide drafting insights and outline considerations that will likely continue to guide the rulemaking process. The proposed regulations provide clarifications for businesses and consumers in five key CCPA areas, including privacy notice requirements.

'Cyber hunt' legislation passes US Senate: any implications for business?
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 01 November 2019

In a legislative environment charitably described as challenging, the fact that the Senate recently passed cybersecurity legislation by unanimous consent is noteworthy and highlights the bipartisan nature of this issue. The bill requires the newly-formed Department of Homeland Security teams to provide assistance to public and private entities, on request, to prepare for and respond to cyber-related incidents, including (among other things) restoring services after a cyber incident.

Milan court sets precedent on second medical use invention plausibility
Hogan Lovells
  • Healthcare & Life Sciences
  • Italy
  • 16 October 2019

Few Italian precedents have considered the plausibility of a second medical use invention as a potential requirement for patent validity. However, a recent decision has clearly stated for the first time and as a matter of principle that the plausibility of an invention does not need the support of experimental data; rather, credible information based on a sound scientific and technical rationale is sufficient.

Results are in: modest changes to CCPA await governor's signature
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 11 October 2019

The California legislature recently debated several amendments to the California Consumer Privacy Act, eventually passing five bills which now await the governor's signature. Collectively, these bills do not provide the sweeping changes sought by businesses. Instead, the amendments make minor tweaks and postpone for one year some of the more challenging requirements. The passed bills address a range of topics, including providing for a partial, temporary one-year exception for applicant and employee data.

Legislative reforms seek to reduce single-use plastic waste
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • 30 September 2019

The production of single-use plastics has increased exponentially in recent decades and in Mexico the volume of single-use plastic waste now exceeds the country's recycling capabilities. In response to growing concern over the effects that plastic waste may have on the environment, a series of legislative changes have recently been implemented. Companies should keep track of any waste-related initiatives introduced at the state and federal levels and prepare for upcoming changes to their obligations.