Latest updates

Supreme Court strengthens interest rate rules
Hogan Lovells BSTL SC
  • Banking
  • Mexico
  • 20 September 2019

The Mexican courts have issued several precedents to eradicate the existence of usury, allowing judges to discretionally reduce interest rates agreed by the parties. However, some of these precedents contradict each other as to whether the usury prohibition applies to default interest. As such, the First Chamber of the Supreme Court recently issued a decision to clarify these inconsistencies.

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

The New York governor 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 and defining 'breaches' to include incidents involving unauthorised access to covered information, even where the information is not acquired.

Regulation of cannabis use in food and cosmetics
Hogan Lovells
  • Product Regulation & Liability
  • Italy
  • 15 August 2019

The cultivation and industrial use of hemp in Italy has a long tradition and recent changes to the law have led to a revival in this regard. While a law enacted in 2016 promotes hemp cultivation as a means to preserve biodiversity and reduce the environmental impact of agriculture, hemp-derived products for human consumption are still subject to restrictions. A recent Supreme Court judgment has had the last word on the legality of cannabis.

Cybersecurity (or lack thereof) under new administration
Hogan Lovells BSTL SC
  • Tech, Data, Telecoms & Media
  • Mexico
  • 02 August 2019

The administration recently issued its National Development Plan 2019-2024, which – despite the previous administration's plans – does not mention cybersecurity. Although there are still hopes that cybersecurity will be addressed in the soon-to-be-released Communications and Transports Sectorial Programme 2019-2024, it appears that the present administration has no intention of implementing a cybersecurity strategy.

Supreme Court sidesteps important TCPA deference issues
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 19 July 2019

In a long-awaited decision, the Supreme Court was expected to provide greater clarity on the extent to which litigants can challenge the Federal Communications Commission's Telephone Consumer Protection Act interpretations in private litigation. However, instead of deciding that issue, the court vacated the Fourth Circuit's ruling and remanded the case for further development.

Cashless money transactions – Mexico's new payment method
Hogan Lovells BSTL SC
  • Banking
  • Mexico
  • 19 July 2019

Digital collection (CoDi) is the latest electronic payment method developed by the Mexican Central Bank, designed to reduce the use of cash and promote competition, while incorporating larger sections of the population into the formal financial sector. It seems that Mexico is moving forward in financial technologies, such as CoDi, and using these developments to promote larger inclusion, competition and transparency for every sector in the country.

Upcoming reporting obligations for oil and gas permit holders
Hogan Lovells BSTL SC
  • Energy & Natural Resources
  • Mexico
  • 08 July 2019

The Energy Regulatory Commission has received clearance from the Federal Commission for Regulatory Improvement to publish the general administrative provisions (GAPs) that set out the Guidelines for the Statistic Registry of Commercial Transactions Arising from Regulated Activities Performed with Natural Gas and Oil. The GAPs establish the natural gas and oil registry system and provide new reporting obligations for permit holders.

Nevada's new privacy law with data sale opt-out right will take effect before CCPA
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 21 June 2019

Senate Bill 220 was recently signed into law, making Nevada the first state to join California in granting consumers the right to opt out of the sale of their personal information. However, the new privacy law is significantly narrower than the California Consumer Privacy Act (CCPA). For example, it applies only to online activities, defines 'consumer' and 'sale' more narrowly and includes broad exceptions for financial institutions subject to the Gramm-Leach-Bliley Act.

Update on FCC 5.9GHz band rulemaking proceeding
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 14 June 2019

Federal Communications Commission (FCC) Chair Ajit Pai recently announced plans to open a rulemaking proceeding to take a fresh look at the 5.9GHz band. In this new proceeding, the FCC will consider whether and how to allow sharing in the 5.9GHz band between dedicated short-range communication, gigabit Wi-Fi and cellular vehicle-to-everything technologies.

ASEA introduces provisions to regulate waste management in hydrocarbons sector
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • 10 June 2019

The National Agency for Industrial Safety and the Protection of the Environment in the Hydrocarbons Sector recently published NOM-001-ASEA-2019 (NOM-001) in the Federal Official Gazette. NOM-001's main aims are to establish criteria to classify the special types of waste produced in the hydrocarbons sector and establish which of these must be subject to a management plan, as well as determine the contents of special management and hazardous waste management plans.

Internet for everyone?
Hogan Lovells BSTL SC
  • Tech, Data, Telecoms & Media
  • Mexico
  • 07 June 2019

The Federal Electricity Commission recently published draft terms of reference for a new tender procedure in which 50,000km of two strands of dark fibre will be allocated for the provision of free internet services to all citizens under the so-called 'Internet for All' project. Specialist opinions on the project's feasibility have been mixed, and the president has stated that if no winner is published in the near future, he will create a government agency to provide internet services throughout the country.

Legislative decree opens way to commercial use of data obtained by non-profit clinical trials
Hogan Lovells
  • Healthcare & Life Sciences
  • Italy
  • 05 June 2019

The government recently approved a legislative decree on clinical trials that introduces changes to several provisions of the existing national regulation on clinical trials. At present, clinical data obtained in Italy from non-profit clinical trials cannot be used for commercial purposes. Moreover, pharmaceutical companies funding non-profit research cannot claim ownership of data and results obtained from such research, irrespective of any agreement with the non-profit entity. This may now change.

CCPA amendments advance through California Assembly
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 31 May 2019

Several legislative proposals seeking to amend the California Consumer Privacy Act are moving forward following a recent hearing before the California Assembly's Committee on Privacy and Consumer Protection in which the bills were approved. The bills will advance to the assembly's Appropriations Committee before being voted on by the full assembly and potentially advancing to the California State Senate for consideration.

CNSF sets out requirements for fintech ventures in insurance industry
Hogan Lovells BSTL SC
  • Insurance
  • Mexico
  • 28 May 2019

The National Insurance and Bonding Commission recently amended the Sole Insurance and Bonding Rules to include the process for securing a temporary authorisation to operate as a regulated company in the insurance sector using 'technologically novel models' (ie, tools or technological media that do not exist in the market and help in the rendering of financial services). This process aims to allow start-ups to offer and test novel models without having to fully comply with the applicable legal framework.

Court expresses concern with government's outsourcing of corporate internal investigations
Hogan Lovells
  • White Collar Crime
  • USA
  • 27 May 2019

A court has expressed concern with the government's "routine outsourcing" of investigations to the targets of those investigations seeking cooperation credit. The court noted the corporate target's "uniquely coercive position" over its employees, who may also be potential targets of the investigation. The decision may profoundly affect the structure and scope of cooperation agreements between the government and the corporate targets of criminal investigations.

Beyond FERPA: CCPA's new rules for privacy in education sector
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 24 May 2019

In 2018 California passed the California Consumer Privacy Act (CCPA), which seeks to give consumers additional safeguards regarding their personal information. The CCPA will become effective in January 2020 and may impact companies in the education sector, including large education technology companies. Regulated educational entities should be wary of the CCPA's key requirements, including the deletion of consumers' personal information on request.

Supreme Court clarifies use of choice-of-jurisdiction clauses in adhesion contracts
Hogan Lovells BSTL SC
  • Banking
  • Mexico
  • 17 May 2019

Under Mexican commercial regulations, contracting parties have traditionally been free to determine in their corresponding agreement the jurisdiction in which disputes must be resolved. However, a new binding precedent from the Supreme Court challenges this traditional approach with regard to banking adhesion contracts and is a good example of how Mexico is advancing its consumer protection regulations.

One IoTa of consensus: bipartisan legislation to improve cybersecurity for internet-connected devices
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 17 May 2019

Congress recently introduced a bipartisan proposal to enhance cybersecurity for the network of internet-connected devices, commonly known as the Internet of Things (IoT). The IoT Cybersecurity Improvement Act 2019 aims to establish baseline cybersecurity standards for IoT devices. It would also impose limits on the types of IoT device that the US government can purchase.

Updated DOJ guidance underscores importance of implementing truly effective corporate compliance programmes
Hogan Lovells
  • White Collar Crime
  • USA
  • 13 May 2019

The Department of Justice (DOJ) recently confirmed the importance of implementing a robust compliance programme that is not only well designed, but also adaptable and able to function effectively. The DOJ's latest guidance makes clear that companies have a strong incentive to maintain an effective compliance programme. Most importantly, these programmes must be fully implemented, account for the structure and scope of a company's business and actually operate effectively.

CRE loosens metering obligations for petroleum, petroleum product and petrochemical terminals
Hogan Lovells BSTL SC
  • Energy & Natural Resources
  • Mexico
  • 13 May 2019

The Energy Regulatory Commission (CRE) recently issued a resolution which has clarified the scope of the general administrative provisions on metering that apply to holders of permits to store petroleum, petroleum products and petrochemicals. In issuing the resolution, the CRE has further relieved applicable permit holders from their obligations to comply with specific requirements.