This article focuses on the legal aspects of transferring personal data of European Union citizens outside the European Union. It can be of interest, particularly having in mind cases handled by our law firm in the field of transferring personal data of patients of medical online platforms in telemedicine, in the machine collection of sensitive data using webscraping methods, and in the field of collecting and transferring data and creating databases of financial services users in broadly understood fintech sector. The problem is also significant from the point of view of clients of our law firm providing online gaming, online gambling, e-sports betting and e-betting services.
New standard contractual clauses
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Johnson & Johnson case
Thousands of lawsuits have been filed against Johnson & Johnson, a company known for its baby products, in recent years – but the most well-known one involves 22 women who alleged that their ovarian cancers have been caused by the baby powder they had been using. After the appeal, by the end of which the amount of money the company had to pay those women was reduced from 4.7 billion to 2.1 billion, Johnson & Johnson took legal steps to present the case before the Supreme Court. The Supreme Court has decided not to consider their case, however, which resulted in leaving in place the last verdict of the Missouri appeals-court.
The link between the illness and the product
was supposed to be based on the fact that Johnson & Johnson baby powders
contained talc. Talc is oftentimes found in close proximity to asbestos, which
is carcinogenic, and in the past the talc has been contaminated with asbestos.
It is also worth mentioning, that talk on itself is dangerous while inhaled in
large doses but the studies aren’t clear on whether or not it’s carcinogenic on
itself.
Although Johnson & Johnson denies that
their products are dangerous to health, they will no longer be selling the baby
powder containing talc in the US and Canada, focusing instead on the
corn-starch-based alternative.
Polish Regulations
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On 30th March 2021 Polish parliament passed law amending the Act on counteracting money laundering and terrorist financing which was in fact an implementation of the European Parliament and the European Council Directive amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU – UE 2018/843 [1] The amended Act should harmonize Polish regulations to the EU’s standards and the new Act is intended to replace the previous one dating 2000.
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In the previous article we wrote about EU 5th AML Directive (2018/843). [1] Currently, after 6 months of passing the 5th AML Directive, the new 6th AML Directive was prepared and passed by the European Parliament and European Council. The new directive (EU 2018/1673) was passed on 23 October 2018 and came into legal effect on the twentieth day following that of its publication in the official journal of the European Union. In respect of the Directive provisions the Member States shall implement the 6AMLD by 3 December 2020 and immediately inform the Commission thereof.
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It is unclear whether
the instrumental and intentional presentation of products with the help of influencers,
i.e. people active on the Internet, is a classic breach of competition law and
the ban on standard advertising. An Influencer in the world of social media is
an influential person who can influence their audience through their reach. These
types of people are sometimes used in marketing campaigns because they can
skilfully influence the behaviour of the audience. However, is this type of
sponsored content properly labeled and is it likely to mislead consumers? The Polish President
of the Office of Competition and Consumer Protection (UOKiK) has recently launched
an investigation aimed at developing guidelines for people who earn money by
promoting products online.
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