[{"titre":"Le droit international de l’eau et sa difficile réconciliation avec la souveraineté des États, une étude de cas portant sur l’Égypte et le Nil","url":"https://hdl.handle.net/1866/46727","pubDate":"Fri, 30 Oct 2026 08:03:48 +0100","source":"Faculté de droit Travaux récents","description":"dc.contributor.author: Polo-Bergeron, Pierre dc.date.issued: 2026-10 dc.description.abstract: Ce mémoire propose une analyse critique du droit international de l’eau et de son application concrète, en particulier dans le bassin du Nil. La première partie examine l’architecture juridique internationale relative aux eaux transfrontalières, en détaillant ses fondements coutumiers et conventionnels ainsi que ses obligations procédurales et substantielles, et en évaluant son intégration des droits humains. La seconde partie analyse l’exemple égyptien comme vitrine des défis contemporains : elle met en lumière la tension entre la souveraineté étatique, la coopération régionale, la sécurité hydrique, le changement climatique et les crises humanitaires. L’étude conclut que si le droit international de l’eau constitue une base normative solide, sa mise en oeuvre reste tributaire de la volonté politique des États et de la création de mécanismes conjoints, qui seuls permettent une coopération effective et durable dans la gestion des ressources partagées.; This thesis offers a critical analysis of international water law and its practical application, with a focus on the Nile Basin. The first part examines the international legal framework governing transboundary freshwater resources, detailing its customary and conventional foundations as well as its procedural and substantive obligations, including its integration with human rights law. The second part explores Egypt as a case study illustrating the contemporary challenges of inter- State cooperation under the constraints of sovereignty, climate change impacts, and humanitarian crises. The study concludes that while international water law provides a strong normative basis, its implementation depends on political willingness and the establishment of joint management mechanisms, which are essential for effective and sustainable cooperation in managing shared water resources. dc.type: Thèse ou mémoire / Thesis or Dissertation etd.degree.discipline: Droit","id":3252075},{"description":"UT ref: UA-2026-000083-PIP In the Upper Tribunal Administrative Appeals Chamber 28 October 2026 Before: Stewart Wright Judge of the Upper Tribunal Between: LC -v- Secretary of State for Work and Pensions Anonymity Order Appellant: LC Respondents: Secretary of State for Work and Pensions Tribunal: First tier Tribunal (Social Entitlement Chamber) Tribunal venue: Scarborough Tribunal Case Nos: SC231/24/00181 Tribunal decision date: 29 August 2025 NOTICE: Any breach of this order is liable to be treated as a contempt of court and may be punishable by imprisonment, fine or other sanctions under section 25 of the Tribunals, Courts and Enforcement Act 2007. The maximum punishment that may be imposed is a sentence of two years’ imprisonment or an unlimited fine. It is ordered , under rule 14(1)(b) of the Tribunal Procedure (Upper Tribunal Rules) 2008, that, without the permission of this Tribunal, no one shall disclose or publish the name, or any part of the address, of the appellant in these proceedings or publish or reveal any other information that would be likely to lead to the identification of the appellant. The appellant shall be known as LC. Anyone who objects to this order may apply to the Upper Tribunal for it to be varied or set aside. A copy of this Order shall be published on the website of the Judiciary of England and Wales. REASONS This anonymity order is made on the application of the appellant. It is sought because “the appeal involves a disabled claimant and details of their disability are to reasonably be inferred from a prospectively publicised decision”. I have by a separate decision allowed the appellant’s appeal to the Upper Tribunal. That decision will be published on public facing websites and, if no anonymity order is made, the appellant would be named in that decision. The principle of open justice is of fundamental importance to the justice system. An aspect of open justice is that parties’ names are made public. Derogation from this principle requires justification. Particular regard must be given to the importance of the right to freedom of expression, including the right to publish reports of cases. In this case, I am satisfied that it is necessary to derogate from the open justice principle to the limited extent of not naming the appellant. The appellant has ADHD and anxiety and depression and those features of his health and conditions need to be referred to in the decision on the appeal. In that context, I am satisfied that an anonymity order should be made because I accept a risk of harm could arise for this vulnerable appellant if he was to be identified in these proceedings, because those health details would then be in the public domain. The public interest in open justice and freedom of expression will still be served by this order and the final decision in this appeal being published online. The letters LC are not the appellant’s initials. The post LC v Secretary of State for Work and Pensions (anonymity order) appeared first on Courts and Tribunals Judiciary","id":3248599,"source":"Judgement Courts Tribunals England Wales","titre":"LC v Secretary of State for Work and Pensions (anonymity order)","url":"https://www.judiciary.uk/judgments/lc-v-secretary-of-state-for-work-and-pensions-anonymity-order/","pubDate":"Thu, 29 Oct 2026 08:01:50 +0100"},{"id":3248553,"description":"KEY TAKEAWAYS The French high schooler-led uprising is not a sign of a generational struggle pitting the young against baby boomers. The uprisings indicate a state of discontentment reflecting three grievances: failings within the education system, eco-anxiety and concerns over employment in the age of AI. Far from demanding a break with the established order, young protesters are simply asking for the right to live a good and fair life... like their predecessors before them. Rarely has Freud’s Civilization and Its Discontents seemed so relevant to the times in which we are living. Although the discontents we are currently witnessing do not necessarily affect society as a whole, they are certainly impacting an entire generation born in the 21st century, as well as their parents and their social environment. Admittedly, we know that generations are not homogeneous and that any attempt to generalise is an oversimplification. Nevertheless, the high schoolers that are taking to the streets to protest in this day and age belong to a relatively homogeneous age cohort. You would be forgiven for thinking that the current unrest is the result of a clash of generations. From the outside, it is often viewed as a generational tug of war between a struggling young population and the rest: an aging but relatively prosperous Europe . Criticism is, without doubt, being directed at “baby-boomers” or those born during the thirty years following World War II (which were marked by economic prosperity and low unemployment, conditions that now seem a world away today). The problem lies elsewhere Nevertheless, this is not a generational conflict, and the fact that a substantial proportion of parents , as well as the majority of the population , share the students’ demands shows that the problem lies elsewhere. These demands are nothing new, and they help explain why many parents joined their children during the first demonstrations, along with teachers, to show their support over deteriorating conditions in high schools. The students and their initial demands were hijacked by more politically radical movements, some even revolutionary or anarchist, as well as opportunistic groups that took advantage of the disorder to loot shops and businesses, without any tangible political agenda. According to an official report dated October 14, 2026, “937 law enforcement officers, 248 students and 149 members of educational staff have been injured since the beginning of the high school student movement.” The demonstrations on October 18 resulted in more than 1,800 arrests . The proliferation of various groups with overlapping demands muddles the student movements’ original message, leaving us with little more than the smouldering remnants of a battlefield. Nevertheless, it is the central concerns of these students that I wish to explore here. Ultimately, this movement appears to lie at the intersection of several anxiety-inducing issues. Rather than speaking of a convergence of struggles, we should speak of a convergence of anxieties. Three sources of anxiety The movement appears to reflect the convergence of three factors that are also sources of concern: the perceived deterioration of public education ecological anxiety the new difficulties young people face in the labour market, particularly those associated with the development of artificial intelligence (AI). These three factors provide fertile ground for psychosocial anxiety. The high school students’ main demands appear legitimate and concern improving working conditions: replacing absent teachers, shortening excessively long school days, reducing the number of students per class, repairing and maintaining infrastructure, and improving or abolishing Parcoursup , the widely criticised higher education admissions platform that is often difficult to understand. These demands echo the broader perception that conditions in the French school system have deteriorated and that the system is relatively inefficient compared with those of neighbouring countries.","source":"The Conversation â Articles (FR)","pubDate":"Thu, 29 Oct 2026 07:58:22 +0100","titre":"France: three overlapping woes are fuelling a generation of discontent","url":"https://theconversation.com/france-three-overlapping-woes-are-fuelling-a-generation-of-discontent-295102"},{"source":"Slaw","description":"In almost every context, first impressions are key. I would argue that, for lawyers, communicating clear expectations during that first meeting is an essential skill. It is not a skill that comes easily. I have spoken about this topic with many lawyers over the years. There seems to be a clear divide between newly-called lawyers who have a tendency to make grand promises and seasoned lawyers who temper expectations. There is no “right” or “wrong” approach here. Everyone has to figure out their own style. My own style has been to keep expectations low…. very low. I conduct on average . . . [more] The post Managing Client Expectations appeared first on Slaw","id":3248423,"url":"https://www.slaw.ca/2026/10/28/managing-client-expectations/","titre":"Managing Client Expectations","pubDate":"Thu, 29 Oct 2026 07:54:29 +0100"},{"source":"EUobserver","id":3246499,"description":"Opinion polling from the Pew Research Center found that 69 percent of the French population is dissatisfied with democracy, Italy 62 percent, Poland 47 percent and Spain 68 percent. All are facing upcoming","pubDate":"Wed, 28 Oct 2026 08:18:48 +0100","url":"https://euobserver.com/245132/europes-centre-parties-are-collapsing-and-for-the-first-time-the-far-right-are-collaborating-rather-than-fighting/","titre":"Europeâs centre parties are collapsing â and, for the first time, the far-right are collaborating, rather than fighting"},{"titre":"Committal for contempt of court: Luton Community Housing Limited -v- Earl and others","url":"https://www.judiciary.uk/judgments/committal-for-contempt-of-court-luton-community-housing-limited-v-earl-and-others/","pubDate":"Tue, 27 Oct 2026 08:03:22 +0100","source":"Judgement Courts Tribunals England Wales","description":"Claim number: M00LU691 In the County Court at Luton Luton Justice Centre 5 June 2026 Before: His Honour Judge Davies Between: Luton community housing limited (“squared”) -v- 1. Christopher Earl 2. David Earl 3. Charlotte Earl 4. Roger Litchfield MR VAUGHAN appeared on behalf of the Claimant THE FOURTH DEFENDANT appeared In Person (part) NO APPEARANCE by or on behalf of all other Defendants Judgement (approved) This Transcript is Crown Copyright. It may not be reproduced in whole or in part, other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved. WARNING: reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice. HHJ DAVIES: The first decision that I need to make now at 10.10 am is whether to proceed with this adjourned sentencing hearing in the absence of each of the defendants. I am satisfied that the defendants have been duly served with notice of today’s hearing in accordance with the Court’s previous orders. In so far as the fourth defendant was concerned, he was in court when I adjourned the matter on the last occasion and I fixed the date on that occasion. However, he has also been served with the Notice of Hearing, as have the other three defendants. There have been numerous previous hearings on this contempt application. At the substantive hearing at which I found proved a number of breaches of the injunction order made by His Honour Judge Murch, the second and fourth defendants attended court. The first defendant, Christopher Earl and the third defendant, Charlotte Earl have not attended court on any of the occasions on which the case has been listed. I adjourned the hearing on the last occasion to give the defendants one final opportunity to obtain advice or representation or to consider what material they want to put forward to the Court in relation to mitigation and no further information has been forthcoming and, nor am I told, have they been in contact with the claimant and they have not been in contact with the court. I consider the various matters, as identified in the well-known decision in Sanchez v Oboz [2015] EWHC 235 (Fam) dealing with proceeding in absence on a contempt application. I bear in mind that that is a decision that should not be taken lightly but, in my judgment, in this case, the defendants have demonstrated that adjourning the matter yet again is most unlikely to secure their attendance. In the circumstances, I conclude that they voluntarily absented themselves from this adjourned sentencing hearing and that the appropriate thing to do is to proceed in their absence. It does not seem to me that there is anything to be gained by putting the matter back for a few minutes on the occasions when, in particular, the fourth defendant has attended, he has attended promptly and it seems to me most unlikely that this is a case in which he is simply late. I have also considered whether the appropriate thing to do is to issue a bench warrant to secure the attendance of the defendants at the sentencing hearing but, in my judgment, it is more appropriate to deal with the sentencing hearing in their absence rather than issuing a warrant now and putting it back until that warrant is executed. Adjourned hearing (after the Fourth Defendant attended court) I am now dealing with the adjourned hearing of two applications to commit the defendants for breach of an injunction order made by His","id":3243876},{"url":"https://www.callacbd.ca/CALL-Blog/13649318","titre":"New President's Message / Message de la nouvelle présidente","pubDate":"Mon, 26 Oct 2026 07:55:58 +0100","source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog","description":"Le texte français suit. Dear CALLeagues, It was wonderful seeing over 160 of you in Moncton last month for a fantastic conference! I am still thinking about some of the sessions, from Dean Michael Marin's keynote on embedded librarianship and the role that law librarians have in legal education and practice, to sessions on generative AI use in law faculties and law firms, negotiating vendor contracts, and more. A huge thank you to co-chairs Michèle Leblanc and Laura Corscadden and the entire conference planning committee for all of their hard work. We have received wonderful feedback already, though a formal survey will be sent out in the coming weeks. Please do look out for that. As I settle into the president's role, I want to thank Jason Wong for an outstanding year at the helm. Jason's focus on community building and financial sustainability moved us forward in real, tangible ways, and his commitment to inclusion set a standard I hope to maintain. Thank you also to Mary-Jo Petsche for her four years on the Board and for her mentorship as I found my footing. Looking ahead, I want to share where I plan to focus my energy this year: partnerships and outreach. We have done incredible internal work strengthening our community, and I want to build on that by looking outward – developing relationships with vendors, connecting with regional and local law library associations, and exploring new collaborations that can support our long-term financial health. I look forward to working with your new executive board on these priorities and on finalizing CALL's first partnership prospectus. As always, the vitality of this association depends on you. If you are a new member, or if you have been thinking about getting more involved, I encourage you to explore our committees and special interest groups. There are several leadership opportunities available right now, and including for new members! On a personal note, as many of you know, I am expecting my third child and will be starting maternity leave as of June 12. Rest assured, I remain fully committed to CALL and this presidency throughout my leave – in fact, being away from the office will give me that much more time to dedicate to the association. If being 35 weeks pregnant didn't stop me from getting on a plane to Moncton, a new baby certainly won't slow me down either! Wishing you a wonderful start to your summers! Katarina Daniels **************************************** Chères et chers collègues, Quel plaisir d’avoir vu plus de 160 d’entre vous à Moncton le mois dernier pour une conférence exceptionnelle! Je repense encore à certaines des séances, notamment le discours du doyen Michael Marin sur le rôle des bibliothécaires juridiques dans l’éducation et la pratique du droit, ainsi qu’aux discussions sur l’utilisation de l’intelligence artificielle générative dans les facultés de droit et cabinets juridiques, la négociation de contrats avec les fournisseurs, et bien plus encore. Un immense merci aux coprésidentes Michèle Leblanc et Laura Corscadden, ainsi qu’à tout le comité organisateur de la conférence, pour leur travail acharné. Nous avons déjà reçu d’excellents commentaires, et un sondage officiel sera envoyé dans les prochaines semaines. Veuillez surveiller vos courriels à cet effet. Alors que je m’installe dans mon rôle de présidente, je tiens à remercier Jason Wong pour une année remarquable à la tête de l’association. L’accent qu’il a mis sur le renforcement de la communauté et la viabilité financière nous a permis de progresser de manière concrète et tangible, et son engagement envers l’inclusion a établi une norme que j’espère maintenir. Merci également à Mary-Jo","id":3241548},{"source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog","description":"CALL member Erica Friesen, Research and Instruction Librarian & Online Learning Specialist at the Lederman Law Library at Queen's University in Kingston, Ontario recently wrote an article on \" Thoughts on the New Lexis+ Brief Analysis Tool: For Law Students and Novice Researchers \". It originally appeared on Slaw.ca on September 28, 2022. It is republished here with permission of the author. New academic year; new legal research tools. Something new always comes out right as another cohort of students is gearing up to begin their law degree. And, as with many new product launches these days, “artificial intelligence” is often a prominently displayed term with accompanying materials. As legal publishers continue to launch AI-driven research tools in Canada, what do students and other novice researchers need to know to be prepared for their first forays into legal research? Lexis recently launched the latest version of their legal research platform, Lexis+ Canada, for Canadian law schools. It features significant updates that employ artificial intelligence, including a “Brief Analysis” tool in line with similar products offered by Westlaw Edge (on the US platform) and vLex (already available in Canada). According to Lexis+, this tool helps researchers “expedite completion of briefs and other legal documents.” Once your document is uploaded, it spits out a report including the following categories: 1) recommended cases, 2) cases and legislation cited in your document, 3) jurisdiction, and 4) extracted and recommended concepts. While I do not intend to comment on the utility of this tool for practitioners, I have no doubt that students beginning law school or working in summer or articling positions are bound to encounter this new feature sooner or later. When you do, you may have questions: should I be using this tool? How or how not? The landing page for this tool in Lexis+ contains no information on how this tool works and the Lexis+ Canada “Help” database so far contains minimal documentation. Confusion or uncertainty is understandable with such opacity. To gain some insight, let’s run an experiment: take two case comments written by different authors on the same Supreme Court case from 2004. [1] An older decision means that we should retrieve an abundance of recommendations from the intervening 18 years. Both comments include an overview of the area of law at the time of this decision as well as an analysis of how this particular decision would change the area of law. Once Lexis analyzed these documents, I exported the resulting report and compared the results for each comment. Here are the two documents, in case you’d like to run the experiment yourself: Comment A: Teresa Scassa, “Recalibrating Copyright Law?: A Comment on the Supreme Court of Canada’s Decision in CCH Canadian Limited et al. v. Law Society of Upper Canada ”, Case Comment, (2004) 3:2 CJLT 89. Comment B: WL Hayhurst, “The Canadian Supreme Court on Copyright: CCH Canadian Ltd. v. Law Society of Upper Canada ”, Case Comment, (2004-2005) 41 Can Bus LJ 134. Recommended Cases “Recommendations” is the section of the Brief Analysis report that lists additional case law for you to consider adding to your legal document. Brief Analysis recommended 58 unique cases in total between Comment A and Comment B. However, only 10 of those cases were the same between the two documents (after adjusting for “recommended” cases that were actually cited in the other document). See Figure 1 . Key takeaway: Legal research and writing is an art, not a science. AI-driven tools like these run on the material that you upload, so you can expect substantially different results depending on the quality of analysis and the decisions you made in producing the original document. This does not mean that there is no value in using the tool, but you cannot expect it to help you build something from nothing. Recommendations are based on the content in the document,","id":3241473,"titre":"CALL Member Article: Thoughts on the New Lexis+ Brief Analysis Tool: For Law Students and Novice Researchers","url":"https://www.callacbd.ca/CALL-Blog/12957419","pubDate":"Mon, 26 Oct 2026 07:55:49 +0100"},{"source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog","id":3241462,"description":"Hannah Steeves, the Instruction & Reference Librarian at the Sir James Dunn Law Library, Dalhousie University (Halifax), recently wrote an article on \"Using Vinyl & Spotify to Understand Legal Information Online\" . It originally appeared on Slaw.ca on February 15, 2022 . Most legal research is done online through a combination of open and subscription databases. Legal information is available at our fingertips through Justice Laws, LEGISinfo, CanLII, Westlaw, Lexis, ProView, SOQUIJ, [insert your preferred database here], and the list goes on. The availability of electronic resources has radically changed—and will continue to change—the way legal professionals conduct research. However, despite my enthusiasm for the improved accessibility and retrievability, I think the lack of engagement that new legal researchers have with print resources creates comprehension issues. The disconnect between a source’s print and electronic formats reduces their understanding of the process used to create the document. Understanding this process helps us understand the organization of information and makes a researcher more efficient. New legal researchers are often introduced directly to the electronic version of a source without fully understanding how it came to be. For example, a student might learn about legislation and be shown how to trace a legislative history using Justice Laws without ever interacting with the print, bound statutes. They are missing the benefits of seeing the tangible organization of annual, revised, and consolidated statutes. Another example is having a student use ProView without ever flipping through a physical binder and understanding how loose-leaf releases work. Although they know each source is unique, they all present approximately the same online. Unfortunately, limited class time and COVID-19 have made it nearly impossible to get students into the library to conduct research with print sources. I try to grab print copies of case reporters, volumes of statutes, and loose-leafs to show students in person or on Zoom, but the effect is not the same as engaging with the print source directly. Instead, when I meet with students, I often see ~18 tabs open in their browsers with sites ranging from course materials, Google, CanLII, and their preferred subscription platform. They ask me, “ Why does this have to be so complicated?” And they’re right! It does seem complicated, at first glance. If we had created these resources using our modern digital environment, they would be organized differently. Print established the rules, and the digital versions have been bound by them. When I try to explain why the digital versions might seem unnecessarily complex, but that understanding how to use the print sources will improve their navigation of the digital versions, I use the following analogy. First, assuming Spotify is the most common music app, I ask students whether they’re more likely to download/stream full albums or singles. Once they’ve answered, I explain that the point of this question is to determine that they understand that a single song is situated within an album—the album is a collection of songs. Next, I ask if they know why artists produce albums. This one takes a bit of waiting, and in a classroom setting a music aficionado may bring up the concept album (and rightly so!), but usually there’s someone who knows that the standard album is a result of the time limitations set by vinyl, specifically the 33 rpm LP record . (Or maybe they Google it as I’m waiting for an answer—who am I to judge?) With a brief explanation, it becomes clear that vinyl restricted artists to around 44 minutes of playing time, and this explains the standard album format still used today. The next step is to connect the persistence of the album through various eras of music. The album has survived the evolution of music distribution. Historically, it started with vinyl, but remained through transitions between audio cassette, the CD, through to","pubDate":"Mon, 26 Oct 2026 07:55:48 +0100","titre":"Using Vinyl & Spotify to Understand Legal Information Online","url":"https://www.callacbd.ca/CALL-Blog/12614092"},{"source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog","id":3241454,"description":"From time to time, this blog will highlight initiatives, ideas, or activities coming from members, committees or special interest groups (SIGs). Today: Adapting the SALI Taxonomy to the Canadian Legal Environment , b y Michael McAlpine , Manager, Information, Research & Knowledge at Siskinds (London, Ontario) On September 28 th , the Knowledge Management Special Interest Group of CALL met to discuss and learn about the Legal Matter Specification Standard developed by the SALI Alliance . The SALI Alliance (Standards Advancement for the Legal Industry) is a non-profit organization open to all stakeholders in the legal community. Members include law firms, companies, legal service providers, legal industry associations and academic institutions. Founding sponsors are the Legal Marketing Association (LMA) and the Association of Legal Administrators (ALA). Guest speaker Jim Hannigan spoke about the history of the taxonomy and the current uses of it in the legal industry. Michael McAlpine then discussed the work done by the SALI Canadian Working Group to adapt the taxonomy to the Canadian legal environment . There was a general discussion about the uses of the taxonomy and efforts to implement it in law firms. First released in 2019, the SALI taxonomy was developed in order to provide a standard method for describing legal matters and associated documents. Version 2.0 was released at the end of 2020 and represented a significant expansion of the code set. Organizations and individuals around the globe continue to contribute to its development and growth. The SALI taxonomy is extensible and can work in conjunction with other standards (eg, NAICS, UTBMS codes). SALI is an open, free and party neutral that can be used by law firms, vendors and others in the legal industry to ensure matters and documents are described consistently. SALI has been endorsed by several large law firms and by vendors such as Fastcase, NetDocuments and Reynen Court. Some of the core attributes of the current standard are: Area of Law: Each matter can be assigned a primary and secondary area of law. Primary areas include topics such as Corporate Law, Constitutional and Human Rights, Personal and Family Law, and Food and Drug Law. Secondary areas are more specific and include topics such as Corporate Governance, Accident Benefits Law, and Labour Law. Service: The Services attribute is a central feature of the taxonomy. Examples of services are Transaction, Advisory, or Dispute. Services provide more detail to a matter description than just relying solely on Area of Law. Player Role: The Role attribute is what makes SALI party neutral. Roles include Appellant, Respondent, Acquiror or Acquiree. Other attributes that can be used to describe a matter or client include Industry, Legal Entity, Location, or Trial Type. The KM SIG will next meet on November 30 th to discuss website monitoring applications. If you would like an invitation, please contact Michael","pubDate":"Mon, 26 Oct 2026 07:55:47 +0100","url":"https://www.callacbd.ca/CALL-Blog/12098999","titre":"Adapting the SALI Legal Taxonomy to the Canadian Environment"},{"source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog","description":"By: Susannah Tredwell , Manager of Library Services at DLA Piper (Canada) LLP and James Bachmann , Instructional Librarian, Law Library, University of British Columbia Since 1988, when CALL/ACBD’s Copyright Committee was first set up, CALL/ACBD has advocated for its members' interests in the area of copyright. While the primary focus of CALL/ACBD’s copyright advocacy over the last few years has been on Crown copyright and primary law, CALL/ACBD has also made submissions about such areas as fair dealing and licencing. CALL/ACBD sees this work as not only supporting the needs of its members but also as serving the interests of access to justice as a whole. Continuing this work, on January 18, 2022 CALL/ACBD, along with Library Futures Institute, will act as an intervener in the Supreme Court of Canada case Society of Composers, Authors and Music Publishers of Canada, et al. v. Entertainment Software Association, et al.   Kim Nayyer, CALL/ACBD’s President, and Robert Janes of JFK Law   will be representing CALL/ACBD and Library Futures. This case addresses the question of how the concepts of “communication to the public by telecommunication” and “making available on demand” as used in the Copyright Act should be understood. The outcome of this case has the potential to significantly impact various library activities, including controlled digital lending and possibly even the simple use of hyperlinks, particularly in light of the limited scope of current library and education exceptions in the Copyright Act . CALL/ACBD's submitted that the court refrain from broadly construing the terms “making available” and “Communication to the Public by Telecommunication” and that s. 2.4(1.1) of the act (\"Communication to the public by telecommunication\")   does not need to be understood as creating a new right.   You can find CALL/ACBD’s intervener's factum at https://www.scc-csc.ca/WebDocuments-DocumentsWeb/39418/FM050_Intervener_Canadian-Association-Law-Libraries-et-al.pdf . The other factums in this case are available at https://www.scc-csc.ca/case-dossier/info/af-ma-eng.aspx?cas=39418 .  CALL/ACBD has acted as an intervener at the Supreme Court of Canada on two other occasions. In Keatley Surveying Ltd. v. Teranet Inc. , which looked at Crown copyright, CALL/ACBD submitted   that “s. 12 Crown copyright does not extend to primary sources of law”. In York University v. Canadian Copyright Licensing Agency  (\"Access Copyright\"), CALL/ACBD submitted   that the SCC “should resist the temptation to modify or clarify the existing fair dealing test” stating that the existing test “is a flexible multifactorial test that allows libraries (and other institutions) to tailor access and appropriate copying policies that consider all relevant circumstances.” CALL/ACBD also made submissions to the 2018 review of the Copyright Act , R.S.C. 1985, c. C-42: one general submission   and <a","id":3241460,"titre":"Canadian Association of Law Libraries Intervention in Upcoming Supreme Court of Canada Copyright Case","url":"https://www.callacbd.ca/CALL-Blog/12242053","pubDate":"Mon, 26 Oct 2026 07:55:47 +0100"},{"pubDate":"Mon, 26 Oct 2026 07:55:46 +0100","titre":"Diversity, Inclusion, and Decolonization Committee Events on Truth and Reconciliation between Indigenous and non-Indigenous Peoples","url":"https://www.callacbd.ca/CALL-Blog/11129241","source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog","id":3241451,"description":"September 30 has been a significant date in Canada since 2013, when Phyllis Webstad from the Stswecem’c Xgat’tem First Nation shared her story of attending St. Joseph’s Residential School in Williams Lake, BC, for the first time in 1973. As a youngster , she proudly wore her shiny new orange shirt, only to have it taken from her by the school. Since then, Orange Shirt Day has been a national movement in Canada where people across the country wear orange in honour of Phyllis and other residential school survivors, so that we both recognize and raise awareness of the history and legacies of the Canadian residential school system. This year’s Orange Shirt Day, September 30, 2021, is also the inaugural National Day for Truth and Reconciliation in Canada. As part of its mandate, the Diversity, Inclusion, and Decolonization Committee (DIDC) of CALL/ACBD is committed to fostering awareness and acumen in respect of issues of diversity, inclusion, and decolonization within all sectors of law librarianship and related professions. Truth and Reconciliation between Indigenous and non-Indigenous peoples is a national movement that is not only limited to one day, but is an ongoing effort so that Indigenous Peoples and their rights are recognized, understood and respected by all . In this spirit, the DIDC, as part of CALL/ACBD, would like to highlight a couple of upcoming opportunities available to all of us to bring together our colleagues in order to honour survivors, their families and communities, and to sadly remember those who didn’t make it home: On Thursday, September 30 , the University of Windsor Law Library will be hosting WAAYDANAA | Now is the Time . The event will be held virtually and is free. Registration is required . Nadine Hoffman, in coordination with the Academic SIG and the DIDC, is planning a related event on strategies for aspects of Indigenous research to help us better understand legal research in relation to Indigenous Peoples. Stay tuned – format and details to"},{"pubDate":"Mon, 26 Oct 2026 07:55:45 +0100","url":"https://www.callacbd.ca/CALL-Blog/10326333","titre":"New Professionals SIG Article: Library School and Beyond â Job Hunting Tips for New Grads","id":3241437,"description":"By Erin Clupp, Research Librarian in Norton Rose Fulbright’s Vancouver office. Congratulations! You’ve successfully completed library school and are a freshly minted information professional. What is an exciting time in your life can also be overshadowed by what comes next: the dreaded job hunt, heightened by the fact that we are still struggling through the COVID-19 pandemic. Despite this being a challenging and unprecedented time to enter the workforce, there are still many exciting opportunities that await you. Here are some tips and words of advice that I hope are helpful and comforting as you navigate through this next phase of your career: 1) Manage your expectations but be kind to yourself First and foremost, job hunting can really suck. It’s important to acknowledge this and understand there will be periods of frustration, self-doubt, and worry (especially when we have bills to pay). This is normal! Rejection can be painful, and sending applications into that black hole where resumes seem to go can be demoralizing but don’t give up! When job hunting, be mindful of the following: As a new grad, you are probably eager and excited to land that first job and start working! Have some patience, the process may take longer than you would like it to be (before and during the interview process). It is also great to have goals, but realize you may not get your “dream job” right outside the gate. That is fine! Along the way, you may find you don’t have one dream job after all, and that you enjoy doing many types of work. Resist the urge to compare yourself to others. Some people may seem to have better “luck” or have more apparent success early on. We don’t always know their stories, what their past experiences are or who they may know. Just remember, we are all operating on different timelines and your opportunity will come. It doesn’t make you a failure or unworthy if it takes you a bit longer or if you end up in an area completely different than you originally thought. While job hunting can become a full time job, don’t forget to take breaks and don’t let it become all-consuming. Focus some energy on your hobbies, personal relationships, and most importantly rest! 2) Beyond the library – be flexible and think outside the box The information profession is evolving, and while there are still plenty of “traditional” LIS jobs in academic and public library settings, there are increasingly more jobs in special libraries and in larger “information teams” in government, private corporations, and non-profits. When searching for job postings, don’t just focus on the job title, be sure to also read the descriptions and position requirements. Look for buzz words like “information analyst”, “knowledge management”, “content creation”, “competitive intelligence”, “prospect research”, “information architecture”, or “data curation”, all of which use the skills of an LIS professional and are increasingly in demand as businesses recognize the need for improved information governance and user experience. I know people with LIS backgrounds who work in academic institutions, museums, archives, law firms, government, telecommunications companies, non-profit organizations, healthcare, and international organizations doing a variety of work including research, privacy, information security, instruction, technical writing, and management. Basically any organization that deals with information and people (read: all of them) may have a position that you can apply for. Now is the time to experiment and try new opportunities. Don’t worry about pigeonholing yourself, because you can always leverage your transferable skills and move within industries and organizations. 3) Take a leap – consider a move! While not possible (or desirable) for some, consider moving to a new city (or country!), especially if you are in a very competitive market","source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog"},{"pubDate":"Mon, 26 Oct 2026 07:55:45 +0100","url":"https://www.callacbd.ca/CALL-Blog/10557789","titre":"Five Questions with Alexandra Farolan","source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog","id":3241442,"description":"Alexandra Farolan, Library Assistant | Courthouse Libraries BC  1.       Tell us a little about your educational background and how you entered the legal information industry.   I am currently a Library Information and Technology Diploma student at Langara College. Prior to this, I worked on two certificate programs through the British Columbia Institute of Technology (Office Administrator with Technology and Medical Office Assisting). I worked as a registration and health records clerk for a few years in the hospitals. Managing patient records introduced me to the processes of information preservation and confidentiality which in turn piqued my interest in legislation pertaining to freedom of information. I've also had some personal experiences which have lead to my overall interest in examining opportunities in the legal industry. I generally find knowing more about my rights is empowering and being surrounded professionally in an industry that serves those who advocate and rally for rights is something I am excited to contribute to. 2.       How has being involved in CALL helped you professionally (e.g. scholarships & grants, continuing education, networking)? I joined CALL in January 2020 so I am definitely still green, but I've found the professional development opportunities and connecting with other members to be incredibly supportive and educational. There are many opportunities here in the association to be a part of and to contribute to. I have really enjoyed being paired up as a mentee in the mentorship program as it has provided me in gaining more insight and perspective on the industry and provides opportunity for professional rapport. Being the Members and Projects Profiles Coordinator has been more challenging than I anticipated and meeting deadlines might be something to work on...In saying that, it has been great to learn and connect a bit more with our members where I otherwise may not have!   3.       What was your first library-related job? Not a job, but I was part of a volunteer program in 2004 to 2005 called Katimavik where people ages 18 to 23 would live with each other and volunteer in the community across three provinces. I had two library volunteer rotations: Bibliothèque Publique De Tracadie-Sheila in Tracadie-Shelia, New Brunswick and the Jasper Municipal Library in Jasper, Alberta. I enjoyed putting the books back on the shelves and seeing what people were reading. I also learned some basic library protocols such as processing materials to send to other branches, checking materials out to clients, and minor repairs. I also worked with a great team at Indigo Books in morning operations from 2018 to 2020. I've been in my role as a library assistant with CLBC for a little over a year which has provided much learning experience in processing and cataloging legal materials and professional development examining important topics including but not limited to, systemic racism, understanding trauma, Indigenous human rights, etc.           4.    What’s one blog, website, or Twitter account that you can’t go one day without checking?     As an information junkie, it is difficult to pick one. Here are a few links currently on rotation :  rightsofchildren.ca https://vimeo.com/courthouselibrary https://www.eddiemoorejr.com/21daychallenge  - \"For 21 days, do one action to further your understanding of power, privilege, supremacy, oppression, and equity\"  and  Ruby Ibarra  - She is a Filipina-American rapper that started a scholarship called  Pinays Rising  which was created to support fellow Filipina-Americans who demonstrate excellence in arts and/or social activism in pursuing higher education. 5.       What are three things on"},{"titre":"We canât go for that (no can do)","url":"https://www.ftc.gov/business-guidance/blog/2017/07/we-cant-go-no-can-do","pubDate":"Tue, 06 Oct 2026 14:06:39 +0200","description":"We can’t go for that (no can do) lfair July 17, 2017 | 11:38AM We can’t go for that (no can do) By Lesley Fair Of course, phantom debt collection – the practice of pressuring people to pay “debts” they don’t owe – harms consumers. But as an FTC complaint demonstrates, when phantom debt collectors strike, they could affect your company, too. According to the FTC , a Florida-based outfit engaged in a scheme to defraud consumers through the collection of debts people didn’t actually owe or the company didn’t have the authority to collect. The complaint charges that the defendants – Hardco Holding Group, S & H Financial Group, Dequan M. Sicard, and Daryl M. Hall (no, not that Daryl Hall) – violated the FTC Act and Fair Debt Collection Practices Act. When contacting consumers, in many instances the defendants allegedly impersonated attorneys and threatened to have people thrown in jail if they didn’t pay up on delinquent payday loans – loans, remember, that many consumers didn’t take out in the first place and defendants didn’t have the right to collect. One tactic involved contacting people with a “case number” and directing them to dial a callback number. On the second call, the defendants allegedly said they were affiliated with named law firms and that the consumer had committed a felony, could go to prison, or faced arrest. According to the complaint , to boost the credibility of their threat of pending or imminent legal action, the defendants claimed to have the consumer’s Social Security number, bank account number, or contact information for family members. Afraid of legal repercussions, many consumers knuckled under to the demand for payment. The FTC says the defendants also told third parties that consumers owed money, a violation of the FDCPA. In addition, the complaint charges that the defendants didn’t disclose their identity to consumers, failed to provide proper validation notices, and used other false, misleading, and abusive tactics. Phantom debt collectors unquestionably injure consumers, but how could conduct like that affect your company? According to the lawsuit, when pressed to identify themselves, the defendants often gave the names or addresses of legitimate small businesses that had nothing to do with the purported debt or the debt collectors. When concerned consumers contacted those companies to complain, their employees got an understandably angry earful. From the FTC’s perspective, unrelated small businesses shouldn’t have their reputations sullied by others’ allegedly illegal tactics. A federal court in Orlando has temporarily halted the operation and frozen its assets. The FTC wants to stop the illegal practices once and for all. What can consumers do if they’re getting calls for debts they don’t owe ? File a complaint with the FTC. How can small businesses help protect their good names? Every now and then, do a selfie search with your company name and a word like “debt.” If you see consumer posts that suggest that a debt collector is illegally using your name – or if your employees are getting complaints about debt collection calls supposedly coming from your company – let the FTC know about it , too. In the meantime, businesses looking for FDCPA compliance resources can visit the FTC’s debt collection page for some – in the words of the other Daryl Hall (and let’s not forget John Oates) – “Adult Education.”","id":3200011,"source":"FTC USA Business Blog Posts"},{"titre":"Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document","url":"https://www.ftc.gov/business-guidance/blog/2023/05/franchise-fundamentals-taking-deep-dive-franchise-disclosure-document","pubDate":"Tue, 06 Oct 2026 08:06:24 +0200","description":"Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document lfair May 23, 2023 | 6:41PM Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document By Lesley Fair Love at first sight may (or may not) be a real thing, but when it comes to investing your money, it’s unwise to fall for a franchise without first subjecting it to tough-minded scrutiny. The third in the FTC’s Franchise Fundamentals blog series walks through an essential part of that evaluation: an in-depth review of the Financial Disclosure Document (FDD) required by the FTC’s Franchise Rule . You must receive the Franchise Disclosure Document at least 14 days before you’re asked to sign any contract or pay any money to the franchisor or one of its affiliates. In fact, you have the right to the FDD once the franchisor has received your application and agrees to consider it. So speak up if you don’t receive it and ask questions – lots of them – as you review the FDD and any attached documents.   Image Indeed, the franchisor’s conduct regarding the FDD may raise some red flags about how they do business. Providing the FDD doesn’t establish that a franchisor is reputable – it’s required by law, after all – but if a franchisor doesn’t promptly provide this mandatory document, gives you an incomplete FDD, evades your probing questions, or tries to rush you through the process, it doesn’t speak well of their approach to legal compliance.  Assuming you have the FDD in hand, let’s consider some of the 23 required items line by line. Here are things to look for as you review the FDD. Franchisor’s Background (FDD Item 1) Item 1 provides background information about the franchisor and any parent companies, predecessors, and affiliates, including how long the franchise has been in business. It also lets you know if there are any legal requirements unique to the franchised business, like the need to get a special license or permit. This can help you understand the costs and risks you would be taking on. Business Background (FDD Item 2) Remember the old adage “People are known by the company they keep”? Well, companies are known by the people they keep, which is why Item 2 identifies directors, principal officers, and other key executives. Pay attention to their business backgrounds, their experience in managing a franchise system, and how long they’ve been with the franchisor. Litigation History (FDD Item 3) Item 3 lists information about prior litigation, including whether the franchisor or any of its executive officers have been convicted of certain crimes or have been found liable – or settled lawsuits – related to the franchise relationship. Lawsuits against the franchisor could mean it hasn’t honored its agreements or that franchisees are dissatisfied with its performance. Item 3 also says whether the franchisor has sued any of its franchisees in the past year. That information could suggest problems in the franchise system. For example, if a franchisor sued franchisees for failing to pay royalties, was it because franchisees weren’t successful and couldn’t make their royalty payments? Bankruptcy (FDD Item 4) Have the franchisor, its affiliates, or any of its executives filed for bankruptcy? Item 4 discloses that information and could give you insights into the financial condition of the business.  Initial and Other Fees (FDD Items 5-7) Items 5-7 go over some of the costs involved in starting and operating a franchise. That could include things like deposits or franchise fees (some of which may be non-refundable); what you’ll have to pay for initial inventory, signs, equipment, leases, or rentals; and ongoing costs, like royalties and advertising fees. A Consumer’s Guide to Buying a Franchise suggests more than a dozen other areas of financial inquiry, which should give you an indication about the importance of both getting in touch with your inner bean","id":3199079,"source":"FTC USA Business Blog Posts"},{"source":"FTC USA Business Blog Posts","description":"Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs lfair March 18, 2019 | 10:24AM Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs By Lesley Fair First, the bad news: That nifty purchase needs a repair. Now the good news for consumers: It’s still under warranty. But where can they go to get it fixed? Can the manufacturer restrict a consumer’s ability to go to the independent repair shop of their choice? Can the manufacturer use glue, non-standard screws, and proprietary diagnostic software that make it difficult for independent repair shops to fix things? Do limitations like these affect consumers’ rights under the Magnuson-Moss Warranty Act ? That’s the topic of Nixing the Fix: A Workshop on Repair Restrictions , an FTC event scheduled for July 16, 2019 . Enforced by the FTC, the Magnuson-Moss Warranty Act helps consumers make informed buying decisions and gives them access to remedies if the widget starts to fidget during the warranty period. One key consumer protection under Mag-Moss is that the law prohibits manufacturers from conditioning warranty coverage on the use of particular products or services. Here are some of the questions FTC staff intends to ask at Nixing the Fix : What’s the interplay between repair restrictions and the Magnuson-Moss Warranty Act’s anti-tying provision, which establishes that manufacturers can’t condition coverage on the use of parts or services identified by brand, trade, or corporate name? Do repair restrictions affect the market for extended warranties and service agreements? What types of restrictions are consumers running into when they try to get their stuff repaired? Are manufacturers’ restrictions having an impact on small fix-it businesses? Are manufacturers using software that may render products obsolete or unfixable if consumers engage in DIY or go to a local repair shop? Are repair restrictions necessary to reduce the risk of physical injury or to protect manufacturers from liability for products improperly repaired by others? Do consumers understand the effects of repair restrictions? We’re also looking for empirical research and data about the prevalence and impact of manufacturers’ repair restrictions. For example, what can you tell us about code that disables products that have been repaired by someone other than the manufacturer, product designs that make third-party repairs difficult (like attaching batteries with glue only the manufacturer can remove), contractual post-sale or licensing restrictions, or proprietary diagnostic software and replacement parts? Please send us your research and data by April 30, 2019. Do you have suggestions about possible panelists? Email us at nixingthefix@ftc.gov . Nixing the Fix will take place on July 16th at the FTC’s Constitution Center conference facility, 400 7th Street, S.W., in Washington, DC. It’s free and open to the public. You can file public comments online and we’ll keep the record open until September 16, 2019. Follow the Business Blog for more information about the agenda and for watch-the-webcast instructions.","id":3199073,"url":"https://www.ftc.gov/business-guidance/blog/2019/03/nixing-fix-warranties-mag-moss-restrictions-repairs","titre":"Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs","pubDate":"Tue, 06 Oct 2026 08:06:23 +0200"},{"titre":"Keep FCRA in the foreground when the subject is background screening","url":"https://www.ftc.gov/business-guidance/blog/2014/04/keep-fcra-foreground-when-subject-background-screening","pubDate":"Mon, 05 Oct 2026 14:07:46 +0200","source":"FTC USA Business Blog Posts","description":"Keep FCRA in the foreground when the subject is background screening chundycz April 9, 2014 | 12:13AM Keep FCRA in the foreground when the subject is background screening By Lesley Fair When the talk turns to Big Data, part of the conversation is about all the public information available about people's lives – and how companies market it to prospective employers, landlords, etc.  Two cases just announced by the FTC  serve as a cautionary reminder to members of the industry that what they do may be subject to the long-standing consumer protections of the  Fair Credit Reporting Act (FCRA) .  InfoTrack, an Illinois company, and San Diego-based Instant Checkmate will be paying civil penalties to settle FTC lawsuits that they violated the FCRA.  Is it time for an FCRA refresher at your business? Instant Checkmate marketed its reports as a way for prospective employers and landlords to investigate applicants.  For example, the company advertised that one of the “GOOD REASONS to get instant criminal checks on anyone right now” was to “check out tenants before they rent.”  It also used a Google Ad Words campaign to make sure its site appeared when people searched for background checks on nannies, babysitters, maids, and housekeepers.  What kind of information would buyers get?  Current and previous addresses, birth certificates, arrest histories, and marriage and divorce records, to name just a few examples. InfoTrack offered similar services to employers nationwide, including background screening reports with people’s driving records, education and employment information, criminal histories, and even records from sex offender registries. How does the FCRA come in?  The law defines a “consumer report” as a “communication of any information” by a consumer reporting agency (CRA) that bears on a person’s “credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living” which is used (or expected to be used) as a factor in establishing their eligibility for credit, insurance, employment, or other reasons outlined in the law. According to the FTC, what Instant Checkmate and InfoTrack were doing triggered the FCRA.  For example, companies covered by the law must follow procedures to assure their reports are as accurate as possible, must take steps to see that those using their reports have permissible purposes for accessing them, and must provide required User Notices explaining key protections for consumers.  The law imposes special requirements when CRAs provide reports containing public record information that could have an adverse effect on a person’s ability to get a job.  In that case, the CRA must either: 1) notify the consumer that it’s reporting the information in the public record; or 2) maintain “strict procedures” – that’s the language in the law – designed to ensure the reported public information is complete and up to date. You’ll want to read the complaints for specifics of where the FTC says the companies fell short, but one example cited in the lawsuit against InfoTrack offers an object lesson on why FCRA protections are so important to consumers – and how the consequences can be devastating when companies don’t live up to the law.  According to the FTC, the reports InfoTrack provided to prospective employers included information about whether a job applicant was on the National Sex Offender Registry.  The employer would provide the first and last name and the date of birth to help InfoTrack with its search.  The problem was that before the fall of 2011, no date of birth was available for many names on the Registry.  If InfoTrack’s search found more than one person with the same first and last name, it reported a “possible match” to employers and gave them reports that included several different people with the","id":3198181},{"titre":"New FTC warning letters cite unsupported Coronavirus-related health and earnings claims","url":"https://www.ftc.gov/business-guidance/blog/2020/04/new-ftc-warning-letters-cite-unsupported-coronavirus-related-health-earnings-claims","pubDate":"Mon, 05 Oct 2026 08:07:08 +0200","source":"FTC USA Business Blog Posts","description":"New FTC warning letters cite unsupported Coronavirus-related health and earnings claims sgressin April 24, 2020 | 12:44PM New FTC warning letters cite unsupported Coronavirus-related health and earnings claims By Seena Gressin The FTC is not the pen pal you want if you operate a multi-level marketing company but aren’t closely monitoring your distributors. In its latest round of warning letters, the FTC warns ten MLM companies that they are responsible for the claims made by their participants. The letters direct the companies to report within 48 hours what actions they’ve taken to stop their distributors from claiming their products can treat or prevent Coronavirus disease, that MLM business opportunity participants are likely to earn substantial income, or both. The FTC says that the health and earnings claims are unsubstantiated and therefore violate truth-in-advertising laws. The products at issue are not scientifically proven to treat or prevent COVID-19, the disease that Coronavirus causes. The FTC previously has sent warning letters to companies about their Coronavirus-related health claims, but the new letters are the first to also target claims about potential business opportunity earnings. The letters come at a time when millions of people are out of work and facing financial challenges as a result of the pandemic. MLM companies rely on a network of independent distributors, sometimes called business opportunity participants, to buy and resell their products, often through direct person-to-person sales or online. MLMs typically offer participants a cut of the sales made by people the participant recruits to invest in the business opportunity. The new recruits then try to sell the products, and try to recruit more people to do the same. Most people who join MLMs make little or no money. According to the FTC, distributors of the MLM companies receiving the letters have posted promotional messages on Facebook, Instagram, and other social media sites. Health claims the FTC letters cite include: “STAY SAFE!! MAKE YOUR IMMUNE SYSTEM STRONG!!!” Standard coronavirus protection kit . #antiseptics and #immunity_support.” “HOW WILL YOU FIGHT OFF CORONA? USE NUTRABURST-CHAGA- .... #coronacure #coronaprevention ... #immunesupport #immunebooster ... #immunesystembooster” “Got the coronavirus heebeegeebees? Boost your immunity with this amazing deal!!!!” “... If interested to learn more or obtain oils or rollers Let me know A little extra protection can help #doterra #NursesCOVID19 #Dialysis #ImmunityBoosters #ImproveRespiratoryFunction” Earnings claims the FTC letters cite include: “...Living in quarantine and where 14 million people applied for unemployment just last week ... I’ll stick with the opportunity to change people’s lives ... turn a small investment into six figures .... #arbonne ... #quarantine #2020” “Need to make extra money? Find it difficult to pay your bills? Were you laid off/ #fired? Be your own Boss w/doTERRA essential oils. Msg me to achieve financial independence #laidoff #unemployed #cantpaymybills #cantpaymyrent #student #sales #sidehustle #makemoney #stayathomemom.” “[E]veryone’s getting stimulus checks right now... There is no better investment you could do... Take that money that you’re about to get back... figure out a way to make this happen tonight.” In the letters alleging unsubstantiated health claims, FTC staff reminds the companies that, under the FTC Act, claims that a product can prevent, treat, or cure a serious disease require the support of well-controlled human clinical studies. Because “no such study is currently known to exist” for the advertised products, the FTC says the companies “must immediately cease making all such claims.” In the letters alleging deceptive earnings claims, FTC staff reminds the companies that under the FTC Act, “claims about the potential to achieve a wealthy lifestyle, career-level income, or significant","id":3197413},{"titre":"FTC settlement challenges deceptive claims by patent assertion entity","url":"https://www.ftc.gov/business-guidance/blog/2014/11/ftc-settlement-challenges-deceptive-claims-patent-assertion-entity","pubDate":"Sun, 04 Oct 2026 08:05:12 +0200","source":"FTC USA Business Blog Posts","description":"FTC settlement challenges deceptive claims by patent assertion entity wfg-adm109 November 6, 2014 | 11:07AM FTC settlement challenges deceptive claims by patent assertion entity By Lesley Fair Patent assertion entities have been the subject of much debate in antitrust and intellectual property circles. But there’s one proposition we hope that parties on all sides of the issue can agree on: It’s illegal to falsely threaten patent suits against small businesses or make unfounded claims that other companies have paid for patent licenses. That’s the misconduct alleged in a settlement the FTC just announced with patent assertion entity MPHJ Technology Investments, LLC, MPHJ corporate officer Jay Mac Rust, and Texas-based law firm Farney Daniels, P.C. Generally speaking, patent assertion entities are companies that acquire patent rights and then seek licensing fees from businesses they claim are infringing their patents. The FTC’s action centers on representations that MPHJ made while asserting patents that relate to network computer scanning technology MPHJ says is used in offices of all sizes across the country. According to the FTC, the respondents sent out a series of letters to thousands of small businesses. The first letter – sent to more than 16,000 businesses on the letterhead of one of MPHJ’s dozens of six-letter subsidiaries – told the recipient they “likely have an infringing system” and directed them to contact the sender within two weeks “so that we may agree with you upon an appropriate license arrangement if one is needed.” The letter offered to settle without court action if the business agreed to a license of $1,200 per employee. (Other versions said $1,000.) Things heated up in later correspondence, sent on the letterhead of Farney Daniels. That letter included a draft lawsuit “which our client will be forced to file” against the small business if it didn’t respond within two weeks. According to the FTC, the respondents sent that letter to approximately 4,870 businesses, including 1,718 letters sent on just one day – appropriately enough, April 1, 2013. The FTC complaint challenges a series of misrepresentations that respondents made in those letters. For example, the first letter stated that “most businesses, upon being informed that they are infringing someone’s patent rights, are interested in operating lawfully and taking a license promptly” and that “many companies have responded to this licensing program in such a manner.” What was the exact tally of the “many companies” that had paid for a license at the time that statement was made? According to the FTC, when the first 7,300 letters were sent, the respondents hadn’t sold a single license through their letter campaign. What about the later letters on law firm letterhead that threatened imminent legal action against small businesses that didn’t reply? The FTC says the respondents didn’t file a single lawsuit against any of the businesses that didn’t respond, nor did they intend or prepare to file lawsuits against them. So those claims were challenged as false, too. The proposed settlement would bar MPHJ, Jay Mac Rust, and Farney Daniels from making misrepresentations when asserting patent rights, including deceptive claims about the number of licenses sold, that a lawsuit will be filed, and the imminence of any lawsuit. Future deceptive conduct could trigger penalties of up to $16,000 per letter. You can file a comment about the proposed settlement by December 8, 2014.","id":3196243},{"source":"FTC USA Business Blog Posts","id":3195787,"description":"Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements wfg-adm109 June 13, 2012 | 12:25PM Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements By Lesley Fair The lawsuit against data broker Spokeo is the FTC’s first Fair Credit Reporting Act case addressing the collection of online info — including data from social networking sites — when used in the context of employment screening.  But that’s not the only way the Spokeo settlement touches on social media.  The FTC also charged that Spokeo violated Section 5 by having employees post glowing recommendations of the company’s services on news and technology websites without disclosing their true identity. Perhaps just the work of a rogue cubicle occupant?  No, said the FTC.  According to the complaint , Spokeo directed its employees to write the comments.  Spokeo managers then edited what they wrote and had the staffers post the endorsements using account names provided by Spokeo.  The purpose, says the FTC, was to give readers the misleading impression that the laudatory words had been posted by independent consumers or business users of Spokeo. The FTC’s revisions to its Endorsement Guides made headlines a few years ago.  Ironically enough, the provision that seemed to attract the most attention is one that didn’t change.  It’s the law — and it’s always been the law under Section 5 — that consumers have a right to know when there’s a material connection between an advertiser and an endorser.  Here’s how the Guides put it:  \"When there exists a connection between the endorser and the seller of the advertised product that might materially affect the weight or credibility of the endorsement ( i.e., the connection is not reasonably expected by the audience), such connection must be fully disclosed.\" According to the FTC, by posting comments that conveyed the untruthful impression that they came from satisfied users of Spokeo’s services, Spokeo engaged in false and misleading practices.  To settle the endorsement count in the lawsuit, Spokeo has agreed that it won’t misrepresent, expressly or by implication, the status of any user of a product or service — for example, that someone is an independent, ordinary endorser if that’s not the case.  The company also will clearly and prominently disclose any material connection between an endorser and Spokeo (or any other entity advertising, selling, or promoting a product) when a connection exists.  What about the bogus endorsements already posted?  Spokeo has seven days to take all reasonable steps to pull them down. Looking for more about complying with the Endorsement Guides?  Read The FTC’s Revised Endorsement Guides: What People are Asking and watch this video: While you’re at it, share this post and those resources with your marketing staff, your ad agency, your PR firm, and anyone else who plays a role in your publicity and promotions. Next:  What the Spokeo settlement means for your business, your next ad campaign, and your job search","pubDate":"Sat, 03 Oct 2026 14:06:13 +0200","titre":"Speaking of Spokeo: Part 2 â The companyâs allegedly bogus endorsements","url":"https://www.ftc.gov/business-guidance/blog/2012/06/speaking-spokeo-part-2-companys-allegedly-bogus-endorsements"},{"url":"https://www.ftc.gov/business-guidance/blog/2020/07/buckle-two-lane-look-car-buying","titre":"Buckle up for a two-lane look at car buying","pubDate":"Sat, 03 Oct 2026 08:09:38 +0200","source":"FTC USA Business Blog Posts","description":"Buckle up for a two-lane look at car buying lfair July 30, 2020 | 1:04PM Buckle up for a two-lane look at car buying By Lesley Fair It’s one of the biggest purchases people make, but two new FTC staff reports examine some common pitfalls when consumers are in the market for a car. Buckle down and read the Bureau of Consumer Protection’s Buckle Up: Navigating Auto Sales and Financing , which focuses on the challenges buyers face in getting accurate, understandable information when shopping for a vehicle. Not in the auto business? Not so fast. The deep-dive analysis of  Buckle Up  and an accompanying report by BCP staff and the Bureau of Economics – The Auto Buyer Study: Lessons From In-Depth Consumer Interviews And Related Research  – offer insights into the perception and behavior of consumers in the study that can apply to other industries. The FTC’s interest in auto-related transactions goes back decades. (Check out Volume 1 of Federal Trade Commission Decisions for a 1919 case regarding deception in the sale of auto parts.) The FTC has brought law enforcement actions challenging illegal practices, held workshops and roundtables to hear from consumer groups and industry members, and educated buyers and sellers about their rights and responsibilities. One notable feature about the two new reports is that FTC staff went straight to the source and based their views, in part, on detailed interviews with consumers about their experiences when buying and financing a vehicle. You’ll want to read Buckle Up from bumper to bumper, but one key finding is that consumers may be unaware of key terms in sales and financing contracts. One reason may be the extent to which the negotiations process focuses primarily on the monthly payment. That approach can leave consumers in the dark about other important – sometimes even more important – financial variables like the down payment, the length of financing, the total sales price, and the annual percentage rate. So let’s say the consumer has decided on a vehicle and has come to an agreement on the price. All done? Consumers may think the checkered flag is in sight, but for the dealership, negotiations have just begun. First, as the report suggests, “price” can be an elusive concept in the context of car buying. Does it mean sticker price, out-the-door price, total sales price, or something else? Furthermore, it’s often in a last-lap meeting in the financing office that dealers raise the issue of add-ons – purchases like extended warranties, service plans, credit insurance, GAP policies, window etching, etc., that can add substantially to what consumers walking into the office thought the price was. Add-ons also may have limits or conditions and may not cover what consumers expect. The staff report suggests several reasons why add-ons were the single greatest area of confusion for consumers who participated in the study. According to the report, the talk turned to add-ons only after long hours (or days or weeks) of negotiations left consumers feeling both pressured to close the deal and confused by the details. Even the very nature of the products left many consumers bewildered. Are these add-ons mandatory? Are they free? Is the cost included in what consumers perceive as the already agreed-upon price? Does the dealership’s practice of bundling – offering add-ons as a package – mean buyers can’t pick and choose the add-ons they want? What about consumers’ opportunity to review the purchase and financing paperwork? As the report notes, “[T]he length of the auto-buying process, the amount of paperwork involved, and the technical industry jargon often coalesce to make meaningful review and engagement a challenging task.” Participants in the study cited the exhausting negotiation process, a sense of feeling rushed at the end, information overload that left some of them “overwhelmed,” and the difficulty of reviewing documents on a tablet or other","id":3194915},{"pubDate":"Thu, 01 Oct 2026 14:10:47 +0200","url":"https://www.ftc.gov/business-guidance/blog/2021/02/it-amour-or-scam-more","titre":"Is it amour â or scam-more?","id":3191273,"description":"Is it amour – or scam-more? lfair February 11, 2021 | 12:17PM Is it amour – or scam-more? By Lesley Fair Online romance may begin with Panic! At The Disco’s High Hopes , but according to a new FTC Data Spotlight , all too often it ends with the conclusion that – to quote the J. Geils Band –  Love Stinks . Far be it from us to put a damper on Valentine’s Day, but reports to the Consumer Sentinel Network suggest that the injury inflicted by romance scams is on the rise. According to the new Data Spotlight , “For three years running, people have reported losing more money on romance scams than on any other fraud type identified in Sentinel. In 2020, reported losses to romance scams reached a record $304 million, up about 50% from 2019. For an individual, that meant a median dollar loss of $2,500.” Why the increase? The continued popularity of dating apps is part of the story, but the pandemic has played a part, too. For right now, the need for social distancing and masking makes the “meet cute” at the local coffee shop less likely. Of course, we’ve all heard heart-warming stories of romances that started on screen and blossomed IRL, but the Data Spotlight suggests that at least some of those digital dalliances may be hiding something more sinister. What does that have to do with you? We thought you’d never ask. Chances are that someone you know – a friend or family member perhaps – has a long-distance love they have yet to meet. A subtle word from you about the telltale signs of a romance scam could mean one less report to Consumer Sentinel in 2021 about a heart broken and a wallet emptied by a romance scammer. It can be a difficult topic to broach, but we have a sure-fire opener: “I just read the most fascinating thing on the website of the Federal Trade Commission, America’s consumer protection agency.” (What? That’s not your typical conversation starter? No Valentine for you!) Regardless of how you bring up the topic, Valentine’s Day offers a way to share some heart-to-heart hints. Romance scams can happen to anyone. According to the Data Spotlight, reports of money lost on romance scams increased for every age group in 2020. The 20-29 crowd saw the most notable spike, with the number of reports more than doubling since 2019. People between 40 and 69 were once again the most likely to report losing money to romance scams. And people 70+ reported the highest individual median losses at $9,475. Every picture tells a story, but some of those stories are fiction. Knowing that fetching photos can lure in a love, scammers routinely steal people’s snaps and pass themselves off as the person in the picture. To investigate their identity, try a reverse-image search of their profile picture or other photos they send you. If the picture is associated with another name or if the details don’t match up, you’re dealing with a scammer. Don’t mix romance with finance. We’ve always cautioned people not to wire money or send gift cards to online loves, but we have a new tip to add. Don’t let your guard down just because that special someone sends you money first. You can bet the money’s stolen. Next, they’ll want you to send it on for some cooked-up reason. This is how people become unwitting accomplices to money laundering. As soon as the requests for money start, it’s time to – depending on your musical generation – Go Your Own Way , bid them Bye Bye Bye , or make it clear that We Are Never Ever Getting Back Together . The FTC has more advice on how to spot a romance scam . ","source":"FTC USA Business Blog Posts"},{"source":"FTC USA Business Blog Posts","id":3189429,"description":"Fighting Coronavirus scams: Taking stock chundycz May 8, 2020 | 9:01AM Fighting Coronavirus scams: Taking stock By Andrew Smith, Director, FTC Bureau of Consumer Protection Since the beginning of the COVID-19 crisis, the FTC has released dozens of warning letters against people trying to make an illegal buck off the Coronavirus. More than a month in, it seems like a good time to look back at what’s happened. If you follow this blog, you’ll know these have been busy weeks – with advice about spotting the many scams we’re all facing, news of the warning letters sent on a wide range of scams, and some enforcement actions filed. You might wonder: Why send letters? Why not just sue the !*$@&#? Fair question. But the letters are working. And, given the scope of the scams out there right now, we want to get the best and fastest results we can with the most efficient tool we have. Right now, for these Coronavirus-related issues, that’s warning letters. In general, here’s how it goes: We spot someone advertising something with no proof that it works – and, in many cases, telling outright lies about its wonders. We send a letter pointing out the illegal things they’re doing. They then have 48 hours to tell us what they’ve done to resolve the problems we’ve raised. In nearly all cases so far, those who get the letters have stopped making the false claims or selling the scammy thing – whether cures from a product or earnings from a work-at-home scheme. Within 48 hours: no more lying to people, no more stealing people’s money. During a crisis like this, we’ve prioritized stopping as many bad actors as we can, as quickly as we can. And when a warning letter will do that, we’ll take that win. Most of the letters sent so far relate to the first scams out of the box: the treatments and cures – many of which we heard about from you. These treatments and cures were, of course, not at all what they claimed to be. The sellers peddled everything from teas and essential oils to IV or ozone “therapies,” stem cell treatments, and high doses of Vitamin C. All of these products have had one thing in common: There was no evidence – none – that they work against the Coronavirus. The warning letters are working in other areas, too. We’ve sent 13 letters to VoIP service providers and other companies, telling them we see how they’re helping illegal telemarketers or robocallers make calls related to COVID-19, and telling them to cut it out. And, just two weeks ago, we sent 10 letters to multi-level marketing (MLM) companies for making exaggerated earnings claims for their business opportunity selling fake Coronavirus treatments or cures from home. These companies hit the daily double: false income claims for their work-at-home program and unsubstantiated health claims for their products. But sometimes you need more firepower to get the desired result. It took a lawsuit to stop a company that, allegedly, pretended to be affiliated with the Small Business Administration’s Paycheck Protection Program, fooling hundreds – if not thousands – of small businesses. And, last week, we filed suit against Whole Leaf Organics for allegedly claiming to treat not only the Coronavirus, but also cancer with CBD. Both cases are now pending. What we know about COVID-19 changes every week. And right now, the scammers are shifting their focus to the economic impact payments, among other things, to find new ways to get your money or information. But here are some things that remain true: Scammers are peddling cures and treatments with no proof they work. Remember: Right now, there is nothing that has been proven to prevent COVID-19. Anyone who tells you to pay them by gift card, money transfer, cash, or Bitcoin is a scammer. Period. And, if they say they’re from the government, they’re not. Never give your Social Security, bank account, or credit card number to anyone who contacts you. Again, not even if they say","pubDate":"Thu, 01 Oct 2026 08:11:56 +0200","url":"https://www.ftc.gov/business-guidance/blog/2020/05/fighting-coronavirus-scams-taking-stock","titre":"Fighting Coronavirus scams: Taking stock"},{"source":"Slaw","description":"For Professor Seánna Howard , Director of the International Human Rights Advocacy Workshop, international legal research begins with a simple but important recognition: the most valuable sources are not always the most familiar ones. Her research has taken her to Tucson, where she joined the renowned Indigenous Peoples Law and Policy (IPLP) Program at the University of Arizona College of Law. Along the way, she has worked as an advocate, lawyer, researcher, independent expert, and educator on issues involving Indigenous Peoples, international human rights law, and social justice. Her work also reflects the importance of developing research strategies for areas . . . [more] The post Researching Beyond the Familiar: An Interview With Professor Seánna Howard appeared first on Slaw","id":3189148,"url":"https://www.slaw.ca/2026/09/30/researching-beyond-the-familiar-an-interview-with-professor-seanna-howard/","titre":"Researching Beyond the Familiar: An Interview With Professor Seánna Howard","pubDate":"Thu, 01 Oct 2026 08:02:35 +0200"},{"id":3081876,"description":"Case number: AC-2026-LON-002515 In the High Court of Justice King’s Bench Division Administrative Court In the matter of an application for judicial review 17 July 2026 Before: The Hon. Mr Justice Sheldon Between: The King on the application of (1) RDS (2) Bayswater Support Group (Claimants) -v- Secretary of State for Health and Social Care (Defendant) and NHS England (Interested Party) Order Notification of the Judge’s Decision (CPR 54.11, 54.12) Following consideration of the documents lodged by the Claimant, the Defendant’s Summary Grounds of Defence and the Claimant’s Reply ORDER BY THE HON. Mr Justice Sheldon (1) Anonymity a. Pursuant to CPR 39.2(4) and s. 6 of the Human Rights Act 1998: i. the names of the First Claimant, his children and his former spouse are to be withheld from the public and must not be disclosed in any proceedings in public; ii. the name of the chair of the Second Claimant, her children and any partner are to be withheld from the public and must not be disclosed in any proceedings in public. iii. the First Claimant and chair of the Second Claimant are to be referred to orally and in writing as ‘RDS’ and ‘RDA’ respectively. iv. The First Claimant and Chair of the Second Claimant are permitted to use ‘care of’ (c/o) addresses of the Claimants’ solicitors in the claim form and on any witness statements filed. b. Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the First Claimant or Chair of the Second Claimant, or of any matter likely to lead to the identification of any of them, in any report of, or otherwise in connection with, these proceedings. c. Pursuant to CPR 5.4C(4): i. the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the said Claimants or any of the other individuals referred to in (a)(i) or (ii); ii. if any statement of case subsequently filed includes information likely to lead to the identification of the Claimants or to the identification of any of the other individuals referred to in (a)(i) or (ii), a redacted copy omitting that information must be filed at the same time; iii. unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case. iv. Any person wishing to vary or discharge this Order must make an application, served on each party. (2) Interested Party : NHS England, named in these proceedings as an Interested Party, shall be removed forthwith as a party to these proceedings. (3) Permission : Permission to apply for judicial review is refused. (4) Costs : The Claimants must pay the Defendant’s costs of preparing the Acknowledgement of Service and Summary Grounds of Defence, summarily assessed in the sum of £7,026.60. (5) Further provision as to costs : (a) Where the Claimants do not make a valid request for reconsideration of the decision to refuse permission to apply for judicial review (see notes below): (i) Within 14 days of the date of this Order, the Claimants may file and serve a notice of objection (maximum 3 pages) showing why the order in paragraph 4 should not be made. The notice should include any objections to the principle that costs should be paid and/or as to the amount assessed. (ii) If the Claimants do not file and serve a notice of objection within that period, paragraph 2 is a final order and the Claimants must pay the sum specified within 14 days of the date of this Order (in accordance with CPR 44.7(1)(a)). (iii) If the Claimants file and serve a notice of objection in accordance with (i) above: the other party may, within 14 days after the date on which the notice is served, file and serve submissions in response (maximum 3 pages); if the other party files and serves on the Claimants submissions in response, the Claimants may, within 7 days after the date on which the other party’s submissions in response are served, file and serve","source":"Judgement Courts Tribunals England Wales","pubDate":"Fri, 07 Aug 2026 14:03:33 +0200","titre":"RDS and Bayswater Support Group -v- Secretary of State for Health and Social Care (anonymity order)","url":"https://www.judiciary.uk/judgments/rds-and-bayswater-support-group-v-secretary-of-state-for-health-and-social-care-anonymity-order/"},{"source":"The Daily Intake","description":"A Ninth Circuit panel has partially revived (Law360 subscription required) a lawsuit alleging that FDA and USDA nutrient content claim regulations violate First Amendment rights by preventing the inclusion of certain information about fermentable oligosaccharides, disaccharides, monosaccharides, and poloyols (FODMAPs) on food labels. The lawsuit was initially filed against FDA, USDA, and USDA's Food Safety Inspection Service (FSIS) in March 2023 after one plaintiff submitted a label to FSIS for approval. FSIS denied the approval, telling the company that it must “remove all references to digestible, gut loving, and fodmap.” According to the plaintiff, FDA had never raised concerns about the claims on labels of FDA-regulated foods. According to the Ninth Circuit, FSIS told the company that it discussed the proposed label with FDA, and FDA agreed that the FODMAP claims were impermissible nutrient content claims. The company modified the label, then filed the lawsuit along with a consumer plaintiff. The plaintiffs claim that the challenged regulations violate their rights to speak and to receive information. The district court dismissed the case, concluding that the plaintiffs failed to show they had standing and exhausted their administrative remedies. The panel reversed that decision in part, finding that the consumer plaintiff adequately showed standing as a “listener” under the First Amendment, based on needs for a low-FODMAP diet and because she alleged that food producers “would be reasonably likely to include FODMAP-related information on food labels in the absence of the challenged FDA and USDA regulations.” The panel also found that the company plaintiff sufficiently pleaded standing related to claims on FDA-regulated products based on the Agency's threatened enforcement of its regulations. However, the panel found that the company plaintiff did not exhaust its administrative remedies and, therefore, upheld the lower court's ruling on that issue. While this ruling deals only with the standing issue in the case, it highlights that both consumers and companies may have standing to challenge food labeling regulations on a First Amendment basis. Here, the claims that food products are “low-FODMPAP foods” would currently be considered an impermissible nutrient content claim because “low” claims must be made in accordance with the definitions in 21 CFR 101 Subpart D , 9 CFR 317 Subpart B , and 9 CFR 381 Subpart Y . Keller and Heckman will continue to monitor food labeling","id":3077463,"titre":"Ninth Circuit Partially Revives âLow-FODMAPâ Labeling Suit","url":"https://www.dailyintakeblog.com/2026/08/ninth-circuit-partially-revives-low-fodmap-labeling-suit/","pubDate":"Wed, 05 Aug 2026 07:59:31 +0200"},{"description":"Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Canadian occupational health & safety law 2. Employment & Human Rights Law in Canada 3. Legal Post Blog 4. Know How 5. ABlawg.ca Canadian occupational health & safety law Do you know what you don’t know? Workplace hazard disclosure and the limits of owner liability under the . . . [more] The post Monday’s Mix appeared first on Slaw","id":3074886,"source":"Slaw","url":"https://www.slaw.ca/2026/08/03/mondays-mix-661/","titre":"Mondayâs Mix","pubDate":"Tue, 04 Aug 2026 07:58:44 +0200"},{"source":"Slaw","description":"Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review ( CLLR ). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD) , and its reviews cover both practice-oriented and academic publications related to the law. Equal and Inalienable Rights: Essays on the Universal Declaration of Human Rights . Edited by Melanie R. Bueckert & Derek B.M. Ross. Toronto: LexisNexis, 2024. xlii, 458 p. ISBN 9780433533801 (softcover) $145.00. Reviewed by Emily Da Silva Head, Research Support (Education, Law, Management, and Social Sciences) University of Ottawa Library This . . . [more] The post Book Review: Equal and Inalienable Rights: Essays on the Universal Declaration of Human Rights appeared first on Slaw","id":3020291,"url":"https://www.slaw.ca/2026/07/09/book-review-equal-and-inalienable-rights-essays-on-the-universal-declaration-of-human-rights/","titre":"Book Review: Equal and Inalienable Rights: Essays on the Universal Declaration of Human Rights","pubDate":"Fri, 10 Jul 2026 08:02:49 +0200"},{"pubDate":"Fri, 22 May 2026 14:08:22 +0200","url":"https://www.arcom.fr/en/find-out-more/legal-area/legal-resources/arcoms-notice-may-6-2026-accompanying-publication-model-agreements-provided-article-l333-10-french-sports-code","titre":"Arcom's notice of May 6, 2026 accompanying the publication of model agreements provided for in article L333-10 of the French Sports Code.","id":2900811,"description":"The French regulatory authority for audiovisual and digital communication, Having regard to the French intellectual property code , in particular article L. 331-12 ; Having regard to the French Sports Code , in particular article L.333-10 ; After due deliberation, Adopts the following notice: The year 2025 marked a turning point in the fight against sports broadcasting piracy, with increased involvement of various types of intermediaries, under the impetus of sports rights holders, as part of the dynamic injunctions issued under article L. 333-10 of the French Sports Code . In addition to the legal actions involving Internet Service Providers (ISPs), which have been fully integrated into the scheme since 2022, and in order to strengthen the effectiveness of the blocking measures implemented, rights holders have extended their legal actions, from 2023, to search engine operators, who play a key role as central players in the diffusion of information on the internet and in directing users to sports-related contdnt. Search engine operators are now almost systematically involved in actions taken by rights holders to protect sports competitions. Between 2024 and 2025, the number of delisting measures ordered by the courts and the number of measures notified by Arcom in application of the orders issued has dubbed. In response to the misuse by some Internet users of domain name resolution services or virtual private networks (VPNs), rights holders then extended the scope of players taken to court to prevent access to services dedicated to the unlawful broadcasting of sports competitions. More than 5,000 blocking demands were notified to alternative DNS in 2025. As for virtual private network service providers, they were the subject of the first court verdicts, handed down on the basis of article L. 333-10 of the French Sports Code , in May 2025, and as such are receiving a growing number of blocking demands to update the measures ordered by the judge. Against this backdrop, strengthening cooperation between rights holders of sports-related content and the various intermediaries mentioned in the court orders would therefore appear to be desirable in order to give an even greater impact to the fight agains sports piracy. The parties are also invited to continue their exchanges with Arcom with a view to optimizing the provision of identification data and ensuring the simultaneous application of delisting and blocking measures by all technical intermediaries involved in preventing access to unlawful services. Article L. 331-12 of the French intellectual property code makes provision for the adoption of notices by the Authority for the protection and promotion of creation, with the aim of encouraging the signing of voluntary agreements likely to help remedy infringements of copyright and neighbor rights, or of the audiovisual exploitation rights mentioned in article L. 333-10 of the French Sports Code, on electronic communications networks used for the provision of online public communication services. In addition, under the terms of IV of article L. 333-10 of the French Sports Code, Arcom is responsible for adopting model agreements which the rights holders mentioned in I of the same article are invited to sign. The agreement concluded between the parties specifies, in particular, the measures that the parties undertake to take to put an end to any infringement of the exclusive audiovisual exploitation rights of the sports event or competition. The Autorité recommends that the rights holders mentioned in I of article L. 333-10 of the French Sports Code, on the one hand, and any intermediaries implementing measures ordered on the basis of II of article L. 333-10 of the same code, on the other (notably search engine operators, domain name resolution services and virtual private network providers), enter into discussions with a view to concluding agreements that would reflect their joint commitment to fight agains the unlawful diffusion of sports-related events and competitions as effectively as possible. To this end, Arcom is","source":"Arcom Textes juridiques"},{"source":"EDPB News","id":2829942,"description":"Brussels, 16 April – During its latest plenary, the EDPB has adopted Guidelines on processing of personal data for scientific research purposes . In addition, the Board has created a team to speed up the finalisation of the guidelines on anonymisation. The EDPB has also adopted two opinions on the two sets of the Europrivacy certification criteria for approval as European Data Protection Seals, one of which to be used as a tool for transfers. Many areas of scientific research rely on the processing of individuals’ personal data, and this has driven significant scientific breakthroughs that benefit society. The rise of new technologies, such as artificial intelligence, also contributes to scientific progress by enabling researchers to use and analyse data in innovative ways. The main objective of the EDPB guidelines on scientific research is to provide more clarity for researchers and make GDPR compliance easier , while ensuring the protection of individuals’ fundamental rights . “Scientific research can drive societal progress and improve our daily lives.  Our guidelines facilitate innovative research by helping researchers to navigate the GDPR. The EDPB is committed to supporting the scientific community and unlocking the full potential of scientific research in the EU while upholding data protection rights.\" EDPB Chair, Anu Talus In its guidelines, the Board provides clarifications on the concept of ‘scientific research’ . To determine if the processing takes place for scientific research purposes in the meaning of the GDPR, the Board provides six key-indicative factors that should be considered, in addition to the nature, scope, context and purposes of processing. These are: 1) methodical and systematic approach, 2) adherence to ethical standard, 3) verifiability and transparency, 4) autonomy and independence, 5) objectives of the research, and 6) potential to contribute to existing scientific knowledge or apply existing knowledge in novel ways. If the research activities meet these six factors, they can be presumed to constitute scientific research. Otherwise, the controller should justify and be able to demonstrate why the activities should be considered scientific research, within the meaning of the GDPR. Further processing for scientific research purposes is presumed to be compatible with the initial purpose for collecting individuals’ personal data. Therefore, controllers are not obliged to do the purpose compatibility test under the GDPR to determine if the new processing is compatible with the original purpose of collection. However, controllers must still make sure that the legal basis of the initial processing is also suitable for the further processing of personal data for scientific research purposes. Controllers can rely on “broad consent” where the purposes of research are not fully known at the time of collecting the personal data. In this case, researchers should respect ethical standards for scientific research and put additional safeguards in place to compensate for the lack of purpose specification. Controllers can also ask individuals to consent to different individual research projects separately, as soon as the purposes of those projects become known (dynamic consent). A combination of both broad and dynamic consent is also possible. In addition, the EDPB clarifies rights of individuals when their personal data are processed for scientific purposes. This includes the rights to erasure and object for which limitations may apply when personal data are processed for scientific research purposes. The Board provides examples to explain when the right to erasure can be considered likely to render impossible or seriously impair the objective of conducting scientific research. The EDPB also explains when controllers may reject an individuals’ objection to the processing of their personal data for scientific research purposes. This can be the case when processing is necessary for the performance of a task carried out for reasons of","pubDate":"Thu, 16 Apr 2026 14:15:11 +0200","titre":"EDPB brings clarity to data processing for scientific research, speeds up the finalisation of the anonymisation guidelines and approves first European data protection seal as a tool for transfers","url":"https://www.edpb.europa.eu/news/news/2026/edpb-brings-clarity-data-processing-scientific-research-speeds-finalisation_en"},{"description":"Brussels, 19 March - The EDPB has launched its Coordinated Enforcement Framework (CEF) action for 2026*. Following a year-long coordinated action on the right to erasure in 2025 , the CEF's focus this year will shift to compliance with the obligations of transparency and information under the GDPR . The GDPR ensures that individuals are informed when their data is being processed (under Art. 12, 13 and 14). This right to be informed is a core element of transparency and ensures that individuals have more control over their data. Next steps During 2026, 25 Data Protection Authorities (DPAs) across Europe will take part in this initiative. They will look closely to assess the compliance of controllers with their transparency obligations under the GDPR. Participating DPAs will soon contact controllers from different sectors across Europe, either through enforcement actions or fact-finding exercises. In the latter case, they might also decide to undertake additional follow-up actions if needed. During the second half of the year, participating DPAs will share and discuss their findings together, with a view to aggregate the results of their national actions and generate deeper insight into the topic. A consolidated report will then be drafted and submitted for adoption by the EDPB, allowing for targeted follow-ups on both national and EU levels. Background The CEF is a key action of the EDPB under its 2024-2027 Strategy , aimed at streamlining enforcement and cooperation among DPAs. In 2023, the EDPB published the report on its first coordinated action on the use of cloud-based services by the public sector . In 2024, the EDPB also published the report on the outcome of the second coordinated action on the designation and position of Data Protection Officers . In 2025, the EDPB issued the report on its third coordination action on the implementation of the right of access . In 2026, the EDPB has adopted a report on its Coordinated Enforcement Framework (CEF) action on the right to be forgotten (Art.17 GDPR) .   Note to editors: *The Board selected this topic during its October 2025 plenary","id":2769535,"source":"EDPB News","titre":"CEF 2026: EDPB launches coordinated enforcement action on transparency and information obligations under the GDPR","url":"https://www.edpb.europa.eu/news/news/2026/cef-2026-edpb-launches-coordinated-enforcement-action-transparency-and-information_en","pubDate":"Thu, 19 Mar 2026 14:12:59 +0100"},{"url":"https://www.edpb.europa.eu/news/news/2026/edpb-identifies-challenges-hindering-full-implementation-right-erasure_en","titre":"EDPB identifies challenges hindering the full implementation of the right to erasure","pubDate":"Wed, 18 Feb 2026 15:27:14 +0100","description":"Brussels, 18 February - The European Data Protection Board (EDPB) has adopted a  report on its Coordinated Enforcement Framework (CEF) action on the right to be forgotten (Art.17 GDPR) .  The  Board selected this topic  as it is one of the most frequently exercised GDPR rights and one about which DPAs frequently receive complaints from individuals. The main objectives of this coordinated action are to ensure that the right to erasure is effectively exercised by individuals in Europe and understand how controllers comply with this right in practice. In addition, the EDPB identified good practices and the most important related challenges, with the aim of providing further guidance on this topic.  Throughout 2025, 32 DPAs across Europe took part in this initiative. More specifically, 9 DPAs have initiated new formal investigations or have continued ongoing ones, and 23 DPAs carried out a fact-finding exercise. A total of 764 controllers across Europe responded to the action, ranging from small and medium-sized enterprises (SMEs) to big companies active in many different industries and fields, as well as various types of public entities. The results of these national actions have been aggregated and analysed together allowing for targeted follow-up on both national and EU level.   Areas of improvement and main challenges The report lists the issues that were identified, along with a series of recommendations addressed to controllers, to help them implement the right to erasure. Seven recurring main challenges were identified by DPAs. The results confirmed some of the findings of the 2024 coordinated action on the right of access , for example when it comes to the lack of appropriate internal procedures to handle requests, or the lack of sufficient information provided to individuals. In addition, participating DPAs reported specific findings related to the reliance by some controllers on inefficient anonymisation techniques to handle erasure requests as an alternative to deletion. DPAs also noted inconsistent practices, and the difficulties faced by controllers regarding the determination of retention periods and the deletion of personal data in the context of back-ups. In addition, as the right to erasure is not an absolute right, some controllers face difficulties in assessing and applying the conditions for the exercise of this right, including in carrying out the different balancing tests between the right to erasure and other rights and freedoms.   Follow-up to help organisations comply  Extensive guidance, documents and templates exist at national level to help controllers comply with the right of erasure and help individuals exercise this right. In line with the Helsinki Statement’s objectives of making GDPR compliance easier and ensuring consistent interpretation and enforcement across Europe, the extensive guidance and templates already available at national level will be leveraged at EDPB level where appropriate.   Background and next steps The CEF is a key action of the EDPB under its 2024-2027 Strategy , aimed at streamlining enforcement and cooperation among DPAs.  In 2023, the EDPB published the report on its first coordinated action on the  use of cloud-based services by the public sector . In 2024, the EDPB also published the report on the outcome of the second coordinated action on the  designation and position of Data Protection Officers . In 2025, the EDPB issued the report on its third coordination action on the  implementation of the right of access . The CEF 2026 action will be on the  obligations of transparency and information under the GDPR .   For further information: DA DPA:   EDPB vedtager rapport om dataansvarliges overholdelse af retten til sletning EL DPA: Ολοκλήρωση της συντονισμένης δράσης του","id":2703238,"source":"EDPB News"},{"source":"EDPB News","description":"Brussels, 17 November - The EDPB organises a remote event to collect  stakeholders’ input on anonymisation and pseudonymisation on implications of the judgement of the Court of Justice of the European Union (CJEU) in EDPS v Single Resolution Board (SRB) . The event will take place on 12 December 2025 (time to be confirmed). This will be an opportunity to inform and support the EDPB’s ongoing work on these topics as per its work programme 2024-2025 and it reflects the EDPB’s commitment to stakeholder engagement, as outlined in the recent Helsinki statement .   Who can participate? Individuals representing sector associations, organisations or NGOs and individual companies, law firms or academics are invited to express their interest to participate in this event (one participant per organisation). The EDPB encourages all organisations interested in this matter to delegate a representative with technical knowledge of these topics. As a general rule, participants will be registered on a first-come first-served basis. Nonetheless, the EDPB reserves the right to give precedence to specific stakeholders among those who expressed their interest, based on their relevance to the topics of the event, and to ensure diversity of views and a balanced representation of areas of interest, as well as geographical balance. How to take part? You can find further information and the instructions on how to register (link not available). The call will be closed as soon as a sufficiently high number of applicants is reached with a view to ensuring the participation of a maximum number of stakeholders. If you have technical problems submitting the application, we invite you to refresh the page or open the form in a different browser.    Update on 17/11/2025, 12:57 pm: The call is now closed. Thank you to all those who expressed their interest in taking part in the EDPB stakeholder event on ‘anonymisation and pseudonymisation’. We will carefully review all applications and communicate the results of the process to those who applied in the coming weeks.","id":2548822,"url":"https://www.edpb.europa.eu/news/news/2025/stakeholder-event-anonymisation-and-pseudonymisation-express-your-interest_en","titre":"Stakeholder event on anonymisation and pseudonymisation: express your interest","pubDate":"Wed, 03 Dec 2025 15:56:01 +0100"},{"source":"EDPB News","id":2548823,"description":"Brussels, 28 November - The EDPB launched a call for expression of interest to establish a new reserve list for the Support Pool of Experts (SPE) programme . The objective is set up a reserve list of legal and technical experts. The legal expertise sought includes a wide range of fields, such as data protection, policy monitoring, technology, cybersecurity, competition, healthcare, online intermediary services and content moderation . As for the technical expertise , the relevant areas include IT auditing, website security, mobile OS and apps, Internet of Things, cloud-computing, behavioural advertising, anonymisation techniques, cryptology, artificial intelligence, User experience (UX) design, fintech , data science, social science (incl. economics, sociology, psychology), and development of applications and software . Bring your expertise to the table Don’t miss this opportunity to participate in this EDPB’s key strategic initiative. Your work will help Data Protection Authorities (DPAs) across Europe increase their capacity to supervise and enforce data protection rules and strengthen the protection of individuals’ fundamental rights. In 2022, the EDPB issued a call for expression of interest, which led to the establishment of a first SPE reserve list. As this list is set to expire in February 2026, the EDPB is inviting experts who were included in this first SPE reserve list to submit their application in response to the new call for expression of interest. The call will be open until August 2030. Learn how to submit your application . Apply now Background The SPE was developed as part of the EDPB Strategy 2021-2023 to help DPAs increase their enforcement capacity by developing common tools and giving them access to a wide pool of experts.   The EDPB aims to carry out approximately ten projects per year with pre-eminent external experts in a given field.  Projects are coordinated either by individual DPAs or by the EDPB. More information on the SPE and on completed project is available here . ","pubDate":"Wed, 03 Dec 2025 15:56:01 +0100","titre":"Support the EDPBâs work as an expert","url":"https://www.edpb.europa.eu/news/news/2025/support-edpbs-work-expert_en"},{"id":2425502,"description":"Brussels, 09 October - The European Data Protection Board (EDPB) and the European Commission endorsed joint guidelines on the interplay between the Digital Markets Act (DMA) and the General Data Protection Regulation (GDPR) . These are the first joint guidelines by the Board and the European Commission. In line with its 2024-2027 Strategy and the recent Helsinki Statement’s objectives to make GDPR compliance easier and strengthen consistency, the EDPB has cooperated with the European Commission, each within their respective mandates, to facilitate the coherent application of the DMA*and GDPR and to increase legal certainty for gatekeepers, business users, beneficiaries and individuals. EDPB Chair Anu Talus said:   “These joint guidelines are the result of a fruitful cooperation between the EDPB and the European Commission. This is the first time that the EDPB and the European Commission prepare guidelines jointly. This approach maximises usefulness of the guidance by simplifying compliance for businesses and bringing enhanced legal certainty to them.  The guidelines will help gatekeepers, business users and individuals to better understand their obligations and rights under the DMA, and ensure a consistent, effective and complementary application of the DMA and EU data protection law.” How the DMA and the GDPR interact The DMA and the GDPR both protect individuals in the digital landscape , but their goals are complementary as they address interconnected challenges: individual rights and privacy in case of the GDPR and fairness and contestability of digital markets under the DMA.    Several activities regulated by the DMA entail the processing of personal data by gatekeepers and, in several provisions, the DMA explicitly refers to definitions and concepts included in the GDPR. The joint guidelines clarify how gatekeepers can implement these DMA provisions in accordance with EU data protection law . For example, the EDPB and the Commission specify which elements gatekeepers should consider in order to comply with the requirements of specific choice and valid consent under Art. 5(2) DMA and the GDPR, and thus to lawfully combine or cross-use personal data in core platform services. The EDPB and the Commission also address other provisions including those related to the distribution of third party apps and stores, data portability, data access requests and interoperability of messaging services.   Next steps The Board and the Commission have just launched a joint public consultation on the first version of the guidelines which will be open until 4 December 2025 .  This will be an opportunity for stakeholders to comment and provide feedback. All submissions will be published on the DMA website to which a link will be included on the EDPB website, after the consultation period has closed. The final text, incorporating input received during the consultation, will be prepared jointly by the Board and the Commission, and will be adopted by the EDPB and European Commission.   More guidelines on the way Following these first joint guidelines with the Commission, further work is underway to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working with the Commission, specifically with the AI Office, on joint guidelines on the interplay between the AI Act and EU data protection laws. Note to editors: The Digital Markets Act is one of the first regulatory tools that aims to tackle unfair practices of gatekeepers in digital markets. Gatekeepers are large digital platforms providing core platform services, such as online search engines, app stores, and messenger services. The main objective of the DMA is to make the markets in the digital sector fairer and more contestable. ","source":"EDPB News","pubDate":"Thu, 09 Oct 2025 15:53:21 +0200","titre":"DMA and GDPR: EDPB and European Commission endorse joint guidelines to clarify common touchpoints","url":"https://www.edpb.europa.eu/news/news/2025/dma-and-gdpr-edpb-and-european-commission-endorse-joint-guidelines-clarify-common_en"},{"id":2368407,"description":"Brussels, 12 September - During its September plenary meeting, the European Data Protection Board (EDPB) has adopted guidelines on the interplay between the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR) . These are the first set of EDPB guidelines on the interplay between the GDPR and the EU’s recently adopted digital laws. The DSA aims to complement the rules of the GDPR to ensure the highest level of protection of fundamental rights in the digital space. Its main goal is to create a safer online environment in which the fundamental rights of all users, including the right to freedom of expression, are protected. It applies to online intermediary services , such as search engines and platforms. Several provisions included in the DSA entail the processing of personal data by intermediary service providers. The EDPB guidelines contribute to the consistent application of the DSA and of the GDPR, insofar as some provisions of the DSA concern the processing of personal data by intermediary service providers and include references to GDPR concepts and definitions. While it is up to the competent authorities under the DSA - with the support of the European Board for Digital Services and EU courts - to interpret the DSA, there are a number of provisions which relate to the GDPR. These include: notice-and-action systems that help individuals or entities report illegal content recommender systems used by online platforms to automatically present specific content to the users of the platform with a certain relative order or prominence the provisions to ensure a high level of privacy, safety, and security of minors and prohibiting that profile-based advertising using their data is presented to them transparency of advertising by online platforms prohibition of profiling-based advertising using special categories of data  The EDPB guidelines help to understand how the GDPR should be applied in the context of DSA obligations. The EDPB also provides practical guidance relating to the cross-regulatory cooperation between authorities to coordinate enforcement which will provide more legal certainty for intermediary service providers and ultimately to protect the rights and freedoms of individuals. The guidelines will be subject to public consultation, providing stakeholders with the opportunity to comment and provide feedback. EDPB Chair Anu Talus said: “By clarifying the interplay between the DSA and the GDPR, these guidelines mark a significant step towards ensuring a coherent and effective EU digital rulebook, and they will help uphold the fundamental rights and freedoms of individuals. I hope that stakeholders, including the competent authorities under the DSA, will make the most of the opportunity to contribute to the public consultation\". More work in the pipeline Following these first guidelines on the interplay between the GDPR and the DSA, further work is underway with other regulators to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working on joint guidelines with the European Commission on the interplay between the Digital Markets Act (DMA) and the GDPR, as well as on joint guidelines on the interplay between the AI Act and EU data protection laws.","source":"EDPB News","pubDate":"Fri, 12 Sep 2025 15:51:31 +0200","titre":"Interplay between the DSA and the GDPR: EDPB adopts guidelines","url":"https://www.edpb.europa.eu/news/news/2025/interplay-between-dsa-and-gdpr-edpb-adopts-guidelines_en"},{"pubDate":"Thu, 15 May 2025 15:55:45 +0200","url":"https://harvardlawreview.org/print/vol-138/the-forgotten-history-of-prison-law-judicial-oversight-of-detention-facilities-in-the-nations-early-years/","titre":"The Forgotten History of Prison Law: Judicial Oversight of Detention Facilities in the Nationâs Early Years","source":"Harvard Law Review","id":2117263,"description":"Prison law is characterized by judicial deference to penal administrators. Despite the well-documented horrors that occur behind prison walls, federal and state courts often decline to intervene, asserting, among other things, that prisoners’ rights are limited and that the judicial branch lacks the power and expertise to get involved in the inner workings of detention facilities. Moreover, jurists often assume that the nation’s first courts largely stayed out of prisons and jails, and contemporary judicial deference is therefore historically rooted. The post The Forgotten History of Prison Law: Judicial Oversight of Detention Facilities in the Nation’s Early Years appeared first on Harvard Law Review"},{"source":"EDPB News","id":2099053,"description":"Brussels, 06 May - During its latest plenary, the European Data Protection Board (EDPB) adopted an opinion on the European Commission’s draft adequacy decision under the GDPR concerning the European Patent Organisation (EPO) . In addition, the Board adopted an opinion on the European Commission’s proposal to extend the validity of the UK adequacy decisions under the GDPR and the Law Enforcement Directive (LED) . Finally, the EDPB agreed to grant the status of observer to the Personal Data Protection Agency of Bosnia and Herzegovina.   Adequate protection of personal data by the EPO At the European Commission’s request, the Board adopted an opinion on the Commission’s draft adequacy decision regarding the European Patent Organisation (EPO). Once formally adopted by the Commission, this will be the first adequacy decision concerning an international organisation and not a country or a region. An adequacy decision is a key-mechanism in EU data protection legislation which allows the European Commission to determine whether a third country or an international organisation offers an adequate level of data protection. The effect of such a decision is that personal data can flow freely from Europe to that third country or international organisation. EDPB Chair, Anu Talus, said: “The EDPB welcomes the Commission’s initiative to work on the first adequacy decision concerning an international organisation. This decision shows how the legal framework of such organisations can be recognised as ensuring an adequate level of protection on the basis of Art.45 GDPR. The EDPB underlines the importance of ongoing dialogue between the Commission and international organisations, with a view to developing this category of adequacy decisions in addition to those relating to third countries.” In its opinion, the Board positively notes that the EPO data protection framework is largely aligned with the European Union data protection framework, including on data protection rights and principles. This shows that the GDPR and, in particular, its transfer provisions, can facilitate safe data flows from Europe to international organisations, while taking into account their status.   Six-month extension of the UK adequacy decisions The EDPB opinion, requested by the European Commission, addresses the proposed extension of the two UK adequacy decisions under the GDPR and the LED, which are set to expire on 27 June 2025. The opinion only concerns the proposed 6-month extension of these adequacy decisions and does not address the level of protection for personal data afforded in the UK, which will be examined by the EDPB following the Commission’s assessment, and if the renewal of the UK adequacy decisions is proposed. Since the UK‘s data protection reform is still pending in the UK parliament, the EDPB recognises the need for a technical and time-limited extension of the adequacy decisions until 27 December 2025.This will give the European Commission sufficient time to evaluate the updated UK legal framework once it has been adopted.   The EDPB stresses that this extension is exceptional and is due to the ongoing legislative developments in the UK. It should not, in principle, be further prolonged. The Board recalls the validity of its opinions 14/2021 and 15/2021 on the two UK adequacy decisions, adopted in April 2021, and invites the European Commission to take them into account in its future assessments.  The Board also recalls the Commission’s obligation to monitor all relevant developments in the UK during the extension period.   New observer to the EDPB’s activities Finally, EDPB members agreed to grant observer status to the EDPB’s activities to the Bosnia and Herzegovina Data Protection Authority, in line with Art. 8 EDPB Rules of Procedure .","pubDate":"Tue, 06 May 2025 15:51:59 +0200","url":"https://www.edpb.europa.eu/news/news/2025/european-patent-organisation-and-extension-adequacy-decisions-uk-edpb-adopts_en","titre":"European Patent Organisation and extension of adequacy decisions for the UK: EDPB adopts opinions"},{"description":"Chief Justice John Marshall recognized that Indian tribes are “distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the... The post Lexington Insurance Co. v. Smith appeared first on Harvard Law Review","id":2049589,"source":"Harvard Law Review","url":"https://harvardlawreview.org/print/vol-138/lexington-insurance-co-v-smith/","titre":"Lexington Insurance Co. v. Smith","pubDate":"Sat, 12 Apr 2025 10:02:03 +0200"},{"description":"EU restrictive measures, or EU sanctions, are essential tools in the EU's foreign policy arsenal, designed to promote peace, security, and human rights. However, these measures can significantly impact individuals, law firms, sanctioned banks, and businesses listed under these sanctions. Discover how EU sanctions work, the legal recourses available to those affected, and the crucial role banks play in compliance. Read on to understand the complexities of EU restrictive measures and how to navigate them effectively. The post Understanding EU Restrictive Measures: Rights, Recourses, and Banking Obligations appeared first on Banking and Finance law in Belgium","id":2025076,"source":"Droit bancaire et financier en Belgique","titre":"Understanding EU Restrictive Measures: Rights, Recourses, and Banking Obligations","url":"https://bankinglaw.be/en/understanding-eu-restrictive-measures-rights-recourses-and-banking-obligations/","pubDate":"Tue, 01 Apr 2025 15:36:54 +0200"},{"titre":"Without Remedies: The Effect of Cummings and the Contract Law Analogy on Antidiscrimination Spending Clause Plaintiffs","url":"https://harvardlawreview.org/print/vol-138/without-remedies-the-destructive-effect-of-cummings-and-the-contract-law-analogy-on-antidiscrimination-spending-clause-plaintiffs/","pubDate":"Thu, 20 Mar 2025 16:34:19 +0100","source":"Harvard Law Review","description":"It has become increasingly difficult for civil rights plaintiffs to vindicate their rights in federal court. Barriers to successful lawsuits are plentiful. Qualified immunity... The post Without Remedies: The Effect of Cummings and the Contract Law Analogy on Antidiscrimination Spending Clause Plaintiffs appeared first on Harvard Law Review","id":1996119},{"description":"Researchers have developed the world’s first index evaluating prison conditions, attesting to the enforcement – or more often the violation – of the fundamental rights of inmates. The results for twelve countries or nations, including France, are available","id":1879978,"source":"CNRS News","url":"https://news.cnrs.fr/articles/prison-life-index-opens-a-window-on-life-in-jail","titre":"Prison Life Index opens a window on life in jail","pubDate":"Thu, 30 Jan 2025 09:22:05 +0100"},{"titre":"CEF 2024: EDPB identifies challenges to the full implementation of the right of access","url":"https://www.edpb.europa.eu/news/news/2025/cef-2024-edpb-identifies-challenges-full-implementation-right-access_en","pubDate":"Mon, 20 Jan 2025 15:49:16 +0100","source":"EDPB News","description":"Brussels, 20 January - The European Data Protection Board (EDPB) has adopted a report on the implementation of the right of access by controllers . The report summarises the outcome of a series of coordinated national actions carried out in 2024 under the Coordinated Enforcement Framework (CEF). It lists the issues that were observed for some controllers, along with a series of recommendations to help them implement the right of access. A central element is controllers’ awareness of the EDPB Guidelines 01/2022 on data subjects rights – Right of access and whether these guidelines were followed in practice. EDPB Deputy Chair Zdravko Vukíc said: “The CEF is a valuable initiative that helps strengthen the cooperation among Data Protection Authorities (DPAs): by tackling selected topics in a coordinated fashion, they achieve greater efficiency and more consistency. How controllers implement the right of access lies at the heart of data protection and it is one of the most frequently exercised data subject rights.” Throughout 2024, 30 DPAs across Europe launched coordinated investigations into the compliance of controllers with the right of access, by opening formal investigations, assessing whether a formal investigation was warranted and/or carrying out fact-finding exercises.  A total of 1,185 controllers, consisting of small and medium-sized enterprises (SMEs) and big companies active in different industries and fields, as well as various types of public entities, responded to the action. Areas of improvement and main challenges The results suggest that more awareness raising about Guidelines 01/2022 is necessary , both at national and EU level, as the guidelines help controllers implement the right of access, explain how exercising this right can be made easier, and list the exceptions and limitations of the right to access. As a result of the 2024 CEF action, seven challenges were identified. One of them is the lack of documented internal procedures to handle access requests. In addition, inconsistent and excessive interpretations of the limits to the right of access were also observed, such as overly relying on certain exceptions to automatically refuse access requests. Another example is the barriers that individuals could encounter when exercising their right of access, such as  formal requirements or being requested to provide excessive identification documents. For each challenge identified, the report provides a list of non-binding recommendations to be taken into account by controllers and DPAs. Positive findings Despite the existing challenges, two thirds of participating DPAs evaluated the level of compliance of responding controllers with respect to the right of access from ‘average’ to ‘high’. One important factor identified as having an impact on the level of compliance was the volume of access requests received by controllers, as well as the size of the organisation. More specifically, large-sized controllers or controllers receiving more requests were more likely to reach a higher level of compliance than small organisations with less resources. Positive findings were observed across Europe. These include the implementation of best practices by controllers, such as user-friendly online forms enabling individuals to submit an access request easily as well as self-service systems to allow individuals to autonomously download their personal data in a few clicks and at any time. Background and next steps The CEF is a key action of the EDPB under its 2024-2027 Strategy, aimed at streamlining enforcement and cooperation among DPAs.  In the past three years, two previous CEF actions were carried out. The results of these national actions are aggregated and analysed together to generate deeper insight into the topic and allowing for targeted follow-up on both national and EU level. In 2023, the EDPB published the report on its first coordinated action on the use of cloud-based services by the public sector . In 2024, the EDPB also published the","id":1857297},{"pubDate":"Fri, 20 Dec 2024 10:07:51 +0100","titre":"PRIVACY LEGAL RELATIONSHIPS","url":"https://sorbonnestudentlawreview.org/journal/article/view/226","id":1796679,"description":"This work is aimed at initiating of discussion and developing a general theory of privacy law. The author suggests beginning with classification of legal relationships arising in privacy sphere, as a first step toward identifying the flaws in privacy rulemaking and law application. The relational theory of law, underlying this work, explains why each privacy legal relationship will take its own direction and will form an object in a unique way. The method used in this work is classification of legal relationships using the bases adopted from theory of civil law. The work identifies at least nine types of privacy legal relationships, interpret them, shows them as a correlated system, highlights the patterns of their existence and draws parallels between some institutions of civil law and privacy law. Also, the concept of legal relationships discovers many mysteries of theory privacy law and teaches us what is the object of subjective privacy right, what subjective obligations actually has a data controller and where they are formalized, why privacy notice is vital for lawful processing, what is the legal nature of consent and privacy notice, why consent collected “just in case” ruins the stability of legal relationships and also much","source":"Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne"},{"pubDate":"Wed, 18 Dec 2024 15:47:16 +0100","titre":"EDPB opinion on AI models: GDPR principles support responsible AI","url":"https://www.edpb.europa.eu/news/news/2024/edpb-opinion-ai-models-gdpr-principles-support-responsible-ai_en","id":1792119,"description":"Brussels, 18 December - The European Data Protection Board (EDPB) has adopted an opinion* on the use of personal data for the development and deployment of AI models . This opinion looks at 1) when and how AI models can be considered anonymous, 2) whether and how legitimate interest can be used as a legal basis for developing or using AI models, and 3) what happens if an AI model is developed using personal data that was processed unlawfully. It also considers the use of first and third party data. The opinion was requested by the Irish Data Protection Authority (DPA) with a view to seeking Europe-wide regulatory harmonisation. To gather input for this opinion, which deals with fast-moving technologies that have an important impact on society, the EDPB organised a stakeholders’ event and had an exchange with the EU AI Office. EDPB Chair Talus said: “AI technologies may bring many opportunities and benefits to different industries and areas of life. We need to ensure these innovations are done ethically, safely, and in a way that benefits everyone. The EDPB wants to support responsible AI innovation by ensuring personal data are protected and in full respect of the General Data Protection Regulation (GDPR).” Regarding anonymity , the opinion says that whether an AI model is anonymous should be assessed  on a case by case basis by the DPAs. For a model to be anonymous, it should be very unlikely (1) to directly or indirectly identify individuals whose data was used to create the model, and (2) to extract such personal data from the model through queries. The opinion provides a non-prescriptive and non-exhaustive list of methods to demonstrate anonymity. With respect to legitimate interest , the opinion provides general considerations that DPAs should take into account when they assess if legitimate interest is an appropriate legal basis for processing personal data for the development and the deployment of AI models. A three-step test helps assess the use of legitimate interest as a legal basis. The EDPB gives the examples of a conversational agent to assist users, and the use of AI to improve cybersecurity. These services can be beneficial for individuals and can rely on legitimate interest as a legal basis, but only if the processing is shown to be strictly necessary and the balancing of rights is respected. The opinion also includes a number of criteria to help DPAs assess if individuals may reasonably expect certain uses of their personal data. These criteria include: whether or not the personal data was publicly available, the nature of the relationship between the individual and the controller, the nature of the service, the context in which the personal data was collected, the source from which the data was collected, the potential further uses of the model, and whether individuals are actually aware that their personal data is online. If the balancing test shows that the processing should not take place because of the negative impact on individuals, mitigating measures may limit this negative impact. The opinion includes a non-exhaustive list of examples of such mitigating measures, which can be technical in nature, or make it easier for individuals to exercise their rights or increase transparency. Finally, when an AI model was developed with unlawfully processed personal data, this could have an impact on the lawfulness of its deployment, unless the model has been duly anonymised. Considering the scope of the request from the Irish DPA, the vast diversity of AI models and their rapid evolution, the opinion aims to give guidance on various elements that can be used for conducting a case by case analysis. In addition, the EDPB is currently developing guidelines covering more specific questions, such as web scraping. Note to editors: *An Article 64(2) opinion addresses a matter of general application or produces effects in more than one Member","source":"EDPB News"},{"pubDate":"Wed, 26 Jun 2024 15:06:05 +0200","url":"https://bankinglaw.be/restrictive-measures-compliance/","titre":"Understanding EU Restrictive Measures: Rights, Recourses, and Banking Obligations","source":"Droit bancaire et financier en Belgique","id":1418929,"description":"EU restrictive measures, or EU sanctions, are essential tools in the EU's foreign policy arsenal, designed to promote peace, security, and human rights. However, these measures can significantly impact individuals, law firms, sanctioned banks, and businesses listed under these sanctions. Discover how EU sanctions work, the legal recourses available to those affected, and the crucial role banks play in compliance. Read on to understand the complexities of EU restrictive measures and how to navigate them effectively. The post Understanding EU Restrictive Measures: Rights, Recourses, and Banking Obligations appeared first on Droit bancaire et financier en Belgique"},{"source":"Droit bancaire et financier en Belgique","id":1361888,"description":"EU restrictive measures, or EU sanctions, are essential tools in the EU's foreign policy arsenal, designed to promote peace, security, and human rights. However, these measures can significantly impact individuals, law firms, sanctioned banks, and businesses listed under these sanctions. Discover how EU sanctions work, the legal recourses available to those affected, and the crucial role banks play in compliance. Read on to understand the complexities of EU restrictive measures and how to navigate them effectively. The post Understanding EU Restrictive Measures: Rights, Recourses, and Banking Obligations appeared first on Droit bancaire et financier en Belgique","pubDate":"Thu, 30 May 2024 15:38:25 +0200","titre":"Understanding EU Restrictive Measures: Rights, Recourses, and Banking Obligations","url":"https://droitbancaire.be/restrictive-measures-compliance/"},{"description":"In 2019, the UN High Commissioner for Human Rights claimed that “[t]he world has never seen a threat to human rights of this scope” as that posed by climate change. Awareness of this issue is growing, which is why we see more and more cases where the emergency of the climate change crisis is being brought before the Courts. Climate-related lawsuits are multiplying around the","id":932745,"source":"Blog de Droit Européen","url":"https://blogdroiteuropeen.com/2023/10/20/new-climate-case-in-the-european-union-romanias-first-climate-lawsuit-by-anisia-heresanu/","titre":"New climate case in the European Union : Romaniaâs first climate lawsuit by Anisia Hereșanu","pubDate":"Fri, 20 Oct 2023 15:19:39 +0200"},{"url":"http://anj.fr/uefa-european-football-championship-and-sports-betting-french-gambling-authority-anj","titre":"UEFA European Football Championship and sports betting: the French Gambling Authority (ANJ) gathers operators and announces a dynamic and structuring action plan","pubDate":"Sun, 28 May 2023 19:23:47 +0200","source":"ANJ","description":"UEFA European Football Championship and sports betting: the French Gambling Authority (ANJ) gathers operators and announces a dynamic and structuring action plan admin lun 13/09/2021 - 16:45 On 20 July 2021, the French Gambling Authority (ANJ) gathered sports betting’s operators in order to make the overview of the European Football Championship that has been scarred by some abuses. Resulting from a constructive exchange, these operators have agreed on the necessity to proceed at a rebalancing of their practices in order to preserve the recreational model of the French gambling market. As such, the ANJ introduced an action plan that seeks to reinforce operators’ compliance, to adapt and complete existing tools and, where required, to use sanctioning procedures. English Questionable practices highlighted during the European Football Championship UEFA European Football Championship 2021 confirmed the growing place of sports bets in France with EUR 434 million of online stakes. The French team matches have aroused a strong popularity by totalling EUR 88 million of online bets, which means an average of EUR 22 million per match. This competition has underlined the existence of questionable practices around sports betting, such as the media hype, the targeting of young people or the excessive stimulation of the game. For the first time, the public debate has seized this very subject and has relayed serious concerns coming from various circles. According to a Harris Interactive inquiry* conducted for the ANJ during the European Football Championship, more than half of those who had seen sports betting ads feel that they are too many of them and close to eight out of ten French people who had seen these ads consider that they can contain a risk of addiction. *Inquiry conducted by Harris Interactive online from the 6 to the 8 July 2021 for the ANJ with a cross section of 1038 French population aged over 18 years old. The ANJ has brought gambling operators together in order to learn from the European Football Championship After having drew the attention of operators on several critical points since June, the ANJ has gathered them on the 20 July in order to do the review of the European Football Championship and to address them the following messages: A yellow line has been crossed in terms of advertising pressure during this competition, which leads to question the model of regulation in place for the past 10 years; it is important to drastically and immediately reduce the sports betting’s advertising pressure. The commercial communications targeting young adults and keeping the illusion of easy money are particularly problematic. As a result of these discussions, which took place in a constructive atmosphere, gambling operators have decided that they collectively share the concerns expressed by the regulator and are prepared to work alongside it in order to propose some improvements and to limit these commercial communications. The ANJ establish an action plan for games offer to remain recreational and well-balanced Given the shared objective of recovery practices between regulator and operators, the ANJ has announced the launch of 5 projects to fight the observed abuses and to clarify or complete the legal framework. These projects should be over by the end of the year. Regarding advertisement: The ANJ has asked operators for a mid-term review of implementation of their promotional strategies as approved by the ANJ’s Board in January 2021 and reserves the right, after examination of these reviews, to initiate sanctions procedures in the event of noncompliance. The ANJ will launch a consultation of stakeholders on advertising in September. This will allow the ANJ to address recommendations to these stakeholders, and if necessary, to propose new tools of intervention. A partnership is initiated with the ARPP (Self-Regulatory Body of Advertising Professionals) in order to decline regulatory restrictions into concrete recommendations for operators. The objective is to issue precise and operational","id":719780},{"id":704113,"description":"Interviewée par le magazine Law.com, Catherine Muyl a eu récemment l’occasion de s’exprimer sur la délicate question de la protection des droits de propriété intellectuelle des entreprises étrangères en Russie. L’article, ‘This Is Not a Wait-and-See Situation’: IP Rights in Russia Are on the Clock est à lire en ligne : https://www.law.com/international-edition/2023/04/27/this-is-not-a-wait-and-see-situation-ip-rights-in-russia-are-on-the-clock Lire aussi dans...... Continuer la lecture The post Protection des droits de propriété intellectuelle des entreprises étrangères en Russie appeared first on La Revue","source":"La revue du cabinet Squire Patton Boggs","pubDate":"Tue, 16 May 2023 10:49:26 +0200","url":"https://larevue.squirepattonboggs.com/protection-des-droits-de-propriete-intellectuelle-des-entreprises-etrangeres-en-russie.html","titre":"Protection des droits de propriété intellectuelle des entreprises étrangères en Russie"}]