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Latest Updates / Regulation

July 8, 2024

Federal District Court Vacates Rule under HHS's HIPAA Tracking Technologies Guidance

Until now, the HHS guidance provided a very broad interpretation of what constituted "protected health information" (PHI). This interpretation severely restricted data analytics service providers' ability to cater to hospitals and for hospitals to manage their digital assets, in addition to exposing them to class action lawsuits. A federal court's ruling to vacate the guidance is expected to facilitate both service providers and hospitals.

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June 16, 2024

Israeli Law Prevails Over Foreign Jurisdiction Clauses in Consumer Contracts

A new Israeli Supreme Court ruling states that, in particular instances, Israeli law will apply to engagements and agreements, even if those agreements stipulate that foreign law applies to them. In its decision, the court also issued several significant rulings that could affect commercial relations, in instances when cogent provisions of law apply.

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May 28, 2024

International Law: Amichai Cohen Interviewed on “One a Day” Podcast

Prof. Amichai Cohen, a special counsel at our firm and an expert on international law, was interviewed for an episode of the “One a Day” podcast hosted by Channel 12 News correspondent Elad Simchayoff. The episode dealt with the following question: “What does recognition of a Palestinian state mean?”

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May 13, 2024

The Netherlands: New Data Scraping Guidelines

The Dutch Data Protection Authority strictly interprets GDPR regarding data scraping, stating that data scraping will almost always be illegal.

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May 8, 2024

Barnea: Participating in Bar-Ilan University Environmental Law Hackathon

Anat Even-Chen introduced the environmental law hackathon and assisted Bar-Ilan University students in formulating their project proposals, which were presented for judging today before Dr. Zvi Gabbay.

May 6, 2024

Using a Name without Permission: Privacy Infringement

An Israeli court ordered the McDonald’s fast food chain to pay ILS 40,000 to Maayan Parti, a consumer reporter for Israel’s Channel 12 News, after McDonald’s used the reporter’s name without her consent in an advertising campaign for the chain’s ice cream.

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May 1, 2024

Potential ICC Arrest Warrants – Prof. Amichai Cohen Interviewed on “One a Day” Podcast

Prof. Amichai Cohen and Channel 12 news correspondent Yaron Avraham were featured on Elad Simchayoff’s “One a Day” podcast to discuss the International Criminal Court’s potential arrest warrants for senior Israeli officials over the war in Gaza.

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May 1, 2024

Bipartisan Federal Privacy Act Proposed in US

Developed for over two years, the American Privacy Rights Act proposes establishing a nationwide standard for privacy and data security, to empower individuals to control their personal information, as part of their right to privacy.

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April 10, 2024

Barnea: Webinar on Regulation of Payment and Payment Initiation Services Law

Our firm hosted a webinar on the new payment services law. The webinar was held as part of a forum for financial service providers that we launched together with Adv. Orit Yosef. During the webinar, Dr. Zvi Gabbay and Anat Even-Chen discussed the conditions for obtaining a license, the relationship between payment services and open banking services, and more.

March 26, 2024

GDPR – Company Fined for Improper Data Collection

The French Data Protection Authority (CNIL) fined a corporation for violation of the GDPR due to flaws in its personal data collection and user consent practices, even though the data was collected by a third party.

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March 14, 2024

DSA: New European Digital Services Act for Online User Protection

Companies which distribute content online have been subject to the European Union’s Digital Services Act (DSA) since February 2024, which obligates them to protect their users from offensive and illegal content, enable users to report such content, etc. The DSA applies to any company whose content is accessible to European audience, regardless of its country of incorporation or the identity of its owners.

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March 13, 2024

Europe: AI Act to Supervise the Development of AI Technologies

The AI Act applies, similar to other European legislation, to companies not based in the European Union but have activity in the Union. Therefore, it may also affect Israeli companies offering services in Europe.

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March 7, 2024

Regulation of Payment Services in Israel – Latest Developments

The Israel Securities Authority’s publications in recent months do not reflect the final version of the directives, but indicate the ISA’s approach when regulating payment services: setting out the licensing process and the licensing requirements, defining criteria for exemptions, technological requirements, safeguarding and protecting customers’ funds, examining service providers’ integrity, etc.

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March 4, 2024

New Workplace Guidelines on Privacy Protection: Dr. Avishay Klein’s Guide for Employers Published on Mako

Israel’s Privacy Protection Authority has published new guidelines on the collection of biometric information in the workplace. In response, Dr. Avishay Klein, the head of our firm’s Privacy, Data Protection and Cyber Department, has compiled a practical guide for employers on the subject The guide was published on Mako.

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March 3, 2024

Israel Securities Authority: Oversight of Unsupervised Entities

In a paradoxical twist, the Israel Securities Authority also monitors unsupervised entities, to prevent them from exceeding their operational parameters without a license. Consequently, the ISA possesses the power to request documents and information from these entities, emphasizing the importance of responding honestly and comprehensively to such demands.

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February 27, 2024

Environmental Aspects of M&A Transactions: Lecture by Sagi Gross

Sagi Gross, a partner in our firm, lectured at Bar-Ilan University as part of a course on environmental law. He discussed the environmental aspects of MA transactions

February 26, 2024

US Regulatory Authorities Look to Increase Hedge Funds' Transparency and Stability

The new rules will require managers of large hedge funds to disclose additional information about their activities and strategies and provide more detail about their investments, including the countries and industries in which they are invested, leverage exposures, and more. As expected, fund managers are objecting, arguing that the new requirements will lead to superfluous information overload.

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February 22, 2024

Risk to Israeli Entities Posed by International Sanctions – What Is the Exposure and What Are the Dangers?

The United States, the European Union, and other countries have been imposing economic sanctions on Israel for quite some time. The recent sanctions imposed on Israeli settlers suspected or convicted of committing violence against Palestinians may be a harbinger of a broad regime of sanctions that may affect business activities in Israel.

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February 22, 2024

California Privacy Regulations Come into Effect

The court's decision to start enforcement proceedings, in addition to the provisions of the California Consumer Privacy Act (CCPA) already being enforced, is expected to lead to a significant increase in enforcement against companies that fall in the scope of the CCPA.

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February 21, 2024

International Law: Amichai Cohen Interviewed on "One a Day" Podcast

As an expert in international law, Professor Amichai Cohen, together with news correspondent Yaron Avraham, guest starred on Elad Simchayoff's "One a Day" podcast to discuss the sanctions imposed on Israeli settlers.

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