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Privacy and Brazilian Law
The need for laws written expressly to protect the privacy of personal consumer data is a growing global phenomenon. It began primarily in more technologically advanced countries, where communication between individuals or companies via electronic means has overtaken more traditional means of communication. In addition, countries that place a high level of importance on democratic values also tend to prioritize protection of privacy, given that individual human rights and individual freedoms are typically important values in such societies. A third relevant factor related to a country's focus on protecting privacy is the level of participation a country's citizens have in the market. A country in which its citizens participate actively in the market has a greater need for the collection, storage, sorting, sharing, and other manipulation of consumer data. Therefore, such countries become a target for individuals or organizations wishing to economically tap such information.
The need for privacy protection arises from the tension created by third parties' desires to use individuals' personal data, usually for profit purposes, and an individual's right to have his or her personal data protected from being exploited.
Even though such a need for privacy protection was originally deemed a relevant issue in more technologically advanced countries, the prioritization of privacy protection today, though not yet fully evolved, is already rather strong in Brazil. As the need for personal data protection emerged as an important issue in nations around the world, international businesses began to import their respective privacy issues and concerns to several less-technologically-advanced countries where they conduct business, including Brazil.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?