As the landscape of state privacy regulations continues to develop in the U.S., businesses must be ready for substantial changes set to take effect in January 2025. New laws from Delaware, Iowa, Nebraska, New Hampshire, New Jersey, Tennessee, Minnesota and Maryland, will introduce important consumer rights, heightened data protection requirements, and increased transparency obligations. With approximately 150 million Americans — about 43% of the U.S. population — covered by these laws, understanding their implications is vital for organisations to ensure compliance and mitigate risks.

In an increasingly digital world, data protection has become a paramount concern for businesses globally. The General Data Protection Regulation (“GDPR”) and its UK counterpart, the UK GDPR, set stringent standards for how personal data should be handled. One of the most commonly misunderstood aspects of GDPR is the scope of its application, specifically regarding who is subject to its provisions and the circumstances under which they can be enforced. It is crucial for businesses to understand that these regulations apply not only within the EU and the UK but also to organisations based outside these territories. If your business serves or collects data from consumers in the EU or the UK, compliance with these regulations is not optional; it is a legal obligation.

Whilst most people are familiar with the idea of copyright, we often encounter inquiries from those who are uncertain about the specifics and the true nature of copyright itself, particularly in the context of their website. 

A shareholders' agreement is a private contract made between the shareholders of a company, governing various matters related to the management of the company and share ownership. Shareholder agreements are not mandatory under English law (unlike articles of association), but are frequently used in private companies to proactively address issues which could lead to potential disputes and costly conflicts later on.

Ofcom, the regulatory authority responsible for online safety in the UK, has unveiled significant updates concerning the UK Online Safety Act (OSA). These updates highlight crucial compliance deadlines for businesses and outline primary areas of enforcement for the upcoming phases.

Whether in the Web3 space or not, in today’s competitive business landscape, protecting sensitive information is paramount, and this is usually done by way of a Non-Disclosure Agreement (NDA).

US authorities have announced a litany of charges against a series of companies and at least eighteen individuals in relation to market manipulation of cryptocurrencies. Among those accused are crypto companies and their market makers, including market makers specialising in memecoin projects. The charges include fraud, conspiracy to commit market manipulation, wire fraud, conspiracy to commit money laundering and conducting an unlicensed money transmitting business. Some of these offences can attract sentences of up to 20 years in prison.

The emergence and development of cryptocurrencies and other digital assets have posed a problem for English law. Informally, crypto, NFTs and the like are treated by people as property, as things that are owned, and as (digital) assets, but they don’t fit neatly into either of the two categories of personal property recognised by English law. This means that when digital assets holders face issues surrounding their ownership of those assets, the legal position is insufficiently clear to assure them that their rights will be protected. A new bill proposed by the UK government is seeking to clarify the position and officially recognise digital assets as a legal form of property. 

When an agreement is drafted, you can choose which jurisdiction’s law it will be governed by. Governing law is a standard “boilerplate” clause in contracts which becomes crucially important in the event of a dispute. 

It is very difficult and risky to maintain anonymity when entering into a contract. However, as is commonplace in the crypto space, there may be good reasons that you wish to maintain your anonymity and there are certain ways to protect your identity, although none are foolproof.

Whether in cryptocurrency or not, when starting a new business or project, you’ll have to decide on a legal structure to use. This is an important decision which affects issues such as liability, publicity requirements, ongoing expenses and tax. Your choice may depend on the number of people involved, the management structure you want in place and how you want to raise money.

There are many reasons you may wish to transfer an existing contract to another entity. The most common situation we see is that you might start providing services in your individual name, and then choose to set up a company. We have written about the benefits of running your business through a company here. Transferring contracts might also be necessary if you have bought a business by way of an asset purchase transaction and want to make sure you keep any important contracts.