Закон о персональных данных с 1 января 2020 с комментариями: 152 ФЗ о защите персональных данных

Важные изменения законодательства с 1 июля по 30 сентября 2020 года \ КонсультантПлюс

В III квартале 2020 года произойдет множество изменений в правовом регулировании. В частности:

С 1 июля 2020 года:

— налоговый режим для самозанятых может вводиться во всех субъектах РФ;

— дополняется закон о контрактной системе в сфере закупок;

— изменяется регулирование в сфере электронной подписи;

— кредитор-юрлицо обязан вносить сведения о привлечении коллектора для взаимодействия с должником-физлицом в Единый федеральный реестр сведений о фактах деятельности юридических лиц;

— исключены требования о предоставлении инвалидами справок об инвалидности для получения выплат и оказания им госуслуг.

С 4 июля 2020 года расширяется перечень нарушений, при оплате штрафов за которые можно получить скидку 50%.

С 27 июля 2020 года в ГК РФ появится новый объект интеллектуальных прав — географическое указание.

30 июля 2020 года истекает срок, в течение которого трудовые договоры, заключенные на неопределенный срок с руководителями государственных и муниципальных образовательных организаций высшего образования и научных организаций, а также с руководителями филиалов указанных организаций, должны быть приведены в соответствие с положениями, установленными Федеральным законом от 25.05.2020 N 157-ФЗ.

С 24 августа 2020 года изменится ценообразование для ОСАГО. Страховые компании будут предлагать автовладельцам индивидуальный страховой тариф в пределах тарифного коридора, установленного Банком России. Он будет определяться в зависимости от факторов, характеризующих конкретного водителя. В качестве одного из таких факторов может рассматриваться в том числе нарушение правил дорожного движения.

С 1 сентября 2020 года:

— вступает в силу закон о возврате заемщику части страховой премии при досрочном погашении кредита.

Важные изменения в другие даты (например, истечение сроков действия отдельных мер, принятых в связи с COVID-19) смотрите в «Правовом календаре».

Обращаем ваше внимание, что «Правовой календарь» регулярно обновляется по мере поступления информации о вступлении в силу документов. В календаре содержится информация о вступлении в силу важнейших нормативных правовых актов, принятых на федеральном уровне и выше (в рамках Евразийского экономического союза), а также об установлении ими новых прав и обязанностей, мер ответственности для физических и юридических лиц, в том числе и таких, введение которых происходит с отсрочкой по времени от момента вступления в силу установившего их нормативного правового акта.

Больше материалов по коронавирусу и антикризисным мерам — в системе КонсультантПлюс. Зарегистрируйся и получи пробный доступ

90000 Are You Prepared for the New Laws Taking Effect January 1, 2020? (Map) 90001 90002 States and municipalities across the country ring in the new year by implementing new laws that employers must be aware of-and 2020 is no different. Effective January 1, 2020 року, there will be over 2 dozen new laws going into effect across 10 states and 2 laws that will impact the entire nation. 90003 90002 The map below highlights which states will be impacted and what the changes will entail. More information about these changes is highlighted below the map.But wait, you say-why are not minimum wages included in this map? There were so many minimum wage updates going into effect on January 1 that we had to create a completely different map, stay tuned for tomorrow’s post! 90003 90006 Federal 90007 90002 90009 Defined Contribution Health Plans 90010 -A rule finalized in 2019 (84 90011 Fed. Reg. 90012 28888) partially reverses the Affordable Care Act (ACA) prohibition and allows health reimbursement arrangements (HRAs) to be integrated with individual coverage under certain circumstances .The rule also classifies certain other HRAs as «excepted benefits» exempt from many health plan requirements. The changes take effect for plan years beginning on or after January 1, 2020. 90003 90002 Funds in the new «individual coverage HRA» (ICHRA) can reimburse premiums for individual health insurance, whether offered on or off an ACA exchange, as well as Medicare coverage. A separate «excepted benefit HRA» (EBHRA) can help cover copayments and deductibles, as well as dental, vision, and short-term coverage.90003 90002 For any portion of the individual health insurance premium not covered by an ICHRA, employers may offer pretax salary reduction through a cafeteria plan. This applies only to off-exchange coverage because the cafeteria plan rules prohibit the use of funds for exchange coverage. 90003 90002 An offer of an ICHRA will count as an offer of coverage under the ACA employer mandate, though to avoid penalties, an applicable large employer also must fund the ICHRA sufficiently to meet affordability requirements.The final rule amends the ACA premium tax credit regulations to specify how the affordability analysis applies in this context. 90003 90002 Employees must enroll in individual health insurance (or Medicare) for each month the employees (or family members) are covered by the ICHRA. This can not be short-term, limited-duration insurance or coverage consisting solely of dental, vision, or similar «excepted benefits.» 90003 90002 An ICHRA must be offered on the same terms to all employees within a class, except that the amounts offered may be increased for older workers and for workers with more dependents.An employer can not offer an ICHRA to any employee to whom it offers a traditional group health plan. However, the employer could decide to offer an ICHRA to certain classes of employees and a traditional group health plan (or no coverage) to other classes of employees. 90003 90002 An EBHRA must be offered in conjunction with a traditional group health plan, although the employee is not required to enroll in the traditional plan. Employers may contribute up to $ 1,800 per year to an EBHRA, and amounts may be rolled over year to year.90003 90002 90009 Overtime / exempt personnel- 90010 The Department of Labor’s (DOL) final overtime rule, effective January 1, 2020 року, increases the current minimum salary threshold for overtime exemption. The minimum salary level for overtime exemption is $ 684 a week ($ 35,568 a year). That’s up from the current law-in force since 2004 which requires employees to earn at least $ 455 a week ($ 23,660 a year). Workers making less than the threshold earn 1 ½ times their regular rate of pay for all hours over 40 during a workweek.90003 90006 California 90007 90002 90009 Discrimination- 90010 The California Fair Employment and Housing Act (FEHA) adds a new definition to the term «race.» Effective January 1, 2020 року, «race» includes traits historically associated with race, including hair texture and protective hairstyles. The term «protective hairstyles» includes hairstyles such as braids, locks, and twists. 90003 90002 90009 Enforcement of California fair employment laws- 90010 Effective January 1, 2020 року, the statute of limitations for filing a claim of discrimination, harassment, or retaliation increases from 1 year to 3 years (90011 CA Gov.Code Sec. 12960 90012). 90003 90002 90009 Maternity and pregnancy- 90010 State law gives a mother the right to breastfeed her child in any location where the mother and the child are otherwise authorized to be present (CA Civil Code Sec. 43.3). Effective January 1, 2020 року, a new law amends the requirements for lactation accommodation in the workplace. 90003 90002 90009 Privacy- 90010 The California Consumer Privacy Act (CCPA) requires employers to notify employees and applicants about personal information the employer collects and the purposes for which the information will be used.90011 The enforcement deadline is July 1, 2020. 90012 Proposed regulations have been issued but are not yet finalized. 90003 90002 90009 Sexual harassment 90011 — * Deadline change * 90012 90010 Under a new state law, the deadline to complete harassment prevention training has been changed from January 1, 2020 року, to January 1, 2021. 90003 90006 Connecticut 90007 90002 90009 Employee exemption 90011 — 90012 90010 Effective January 1, 2020 року, the federal salary threshold will be higher than the Connecticut salary threshold, so employers will have to raise the salaries of any employees earning less than the federal salary threshold in order to classify them as exempt.90003 90006 Florida 90007 90002 90009 Texting- 90010 Officers can begin writing citations for texting while driving, which carry fines of about $ 30, plus court costs and fees, as well as three points on the driver’s record for a first offense. Employers are advised to adopt policies banning texting while driving; avoid creating any incentives that encourage or condone texting; and during any training, discuss the policies and the dangers of distracted driving. 90003 90006 Illinois 90007 90002 90009 Alcohol and drugs / hiring- 90010 Illinois recently became one of the newest states to legalize recreational marijuana.Effective January 1, 2020 року, state law legalizes recreational marijuana and allows a person who is at least 21 years old to possess, consume, use, purchase, obtain, or transport marijuana in an amount that does not exceed the law’s possession limit (HB 1438 Sec. 10-5, June 24, 2019). 90003 90002 Employers may adopt reasonable drug-free workplace policies, as well as policies on drug testing, smoking, consumption, storage, or use of marijuana in the workplace or while on call, as long as the policies are enforced in a nondiscriminatory manner (Sec .10-50). Employers may prohibit employees from being under the influence of marijuana while in the workplace, performing job duties, or on call and may take disciplinary action against an employee, including termination, for violating employment policies. The state’s recreational marijuana law was amended on December 4, 2019, to prohibit lawsuits against an employer that takes an adverse employment action based on subjecting an employee or applicant to reasonable drug and alcohol testing; reasonable and nondiscriminatory random drug testing; and discipline, termination, or withdrawal of a job offer due to a failed drug test.90003 90002 90009 Employment agreements- 90010 Effective January 1, 2020 року, no contract, agreement, waiver, or other document may prohibit or restrict an applicant, an employee, or a former employee from reporting allegations of unlawful conduct to federal, state, or local officials . In an agreement that is a unilateral condition of employment or continued employment, any provision that has the purpose or effect of preventing an applicant or employee from making truthful statements or disclosures about alleged unlawful employment practices is void.In addition, an agreement can not require an employee to waive, arbitrate, or diminish a future claim related to an unlawful employment practice. 90003 90002 90009 Enforcement of the Illinois Department of Human Rights (IDHR) — 90010 The IDHR and the Human Rights Commission enforce the Human Rights Act. Effective January 1, 2020 року, when an employee has filed a charge with the IDHR and has started a lawsuit in a federal or state court seeking relief on some or all of the same issues that are the basis of the charge, either party may request that the IDHR administratively dismiss the charge or portions of it (775 IL Comp.Stat. 5 / 7-109.1). Within 10 days of receipt of the court complaint, the department must issue a notice of administrative dismissal and provide a right-to-sue notice to the complainant. 90003 90002 90009 Harassment- 90010 Effective January 1, 2020 року, the law defines «harassment» as any unwelcome conduct based on an individual’s actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status , disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, or citizenship status when the conduct has the purpose or effect of: 90003 90092 90093 Substantially interfering with the individual’s work performance; 90011 or 90012 90096 90093 Creating an intimidating, hostile, or offensive working environment.90096 90099 90002 Under the law, the term «working environment» is not limited to a physical location to which an employee is assigned to perform his or her duties. 90003 90002 90009 Privacy / hiring- 90010 The Artificial Intelligence Video Interview Act (90011 2019 Ill. Laws 260 90012) takes effect January 1, 2020. It imposes notice, consent, and confidentiality requirements on employers that use artificial intelligence (AI) in the job interview process. 90003 90002 90009 Notice of a data breach- 90010 Beginning January 1, 2020 року, if a breach requires notification of 500 or more Illinois residents, the data collector must notify the attorney general.The notice must be made as expediently as possible and without unreasonable delay and no later than when the individuals are notified (Pub. Act 101-0343). 90003 90002 90009 Sexual harassment- 90010 Effective January 1, 2020 року, employers are responsible if a supervisor or manager harasses a nonemployee in the workplace. An employer is responsible for the harassment of nonemployees by its nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.90003 90002 A «nonemployee» is a person who is not otherwise an employee and is directly performing services for the employer under a contract with the employer. The term includes contractors and consultants (IL Comp. Stat. Ch. 775 Sec. 5 / 2-102 (D-5)). 90003 90002 In any proceeding in which a member of a union has accused another member of sexual harassment, the accuser and the accused may not be represented in the proceeding by the same union representative. The union must designate separate union representatives to represent the parties.90003 90002 Every restaurant and bar in the state must adopt a written sexual harassment policy and provide it to all employees within the first calendar week of employment. 90003 90002 Additionally, every employer with employees working in the state must provide sexual harassment prevention training annually to its employees (775 IL Comp. Stat. 5 / 2-109). The law requires the IDHR to produce a model sexual harassment prevention training program. Employers must use the model training or establish their own training that meets or exceeds the standards under the law.90003 90002 90009 Salary history 90010 -A law amending the Illinois Equal Pay Act to prohibit employers from making preemployment inquiries about a job candidate’s salary history is set to take effect in January. The law applies to private employers with four or more employees as well as state agencies and school districts. It prohibits Illinois employers from screening job applicants based on their wage or salary history. In particular, it prohibits requiring an applicant to disclose previous wages or salary and also bars seeking that information, including benefits or other compensation, from any current or former employer.90003 90006 Maine 90007 90002 90009 Workers ‘compensation- 90010 Effective January 1, 2020 року, for 90011 total incapacity 90012 injuries occurring 90011 on or after 90012 January 1, 2020 року, benefits will be subject to a cost-of-living adjustment after 5 years (90011 2019 ME Laws 344 90012). For 90011 partial incapacity 90012 injuries occurring 90011 before 90012 January 1, 2020 року, benefits for permanent partial incapacity are available for up to 10 years. After that date, such benefits will be available for up to 12 years.90003 90002 90011 Before January 1, 2020 90012, an injured employee must give the employer written notice of the injury within 30 days. 90011 After that date, 90012 employees will have 60 days to do so. This deadline may be excused if there was good cause for the delay in notification. No notice is required if the employer is aware of the injury. Notice of a work-related death is due within 3 months. A claim for benefits must be made within 2 years of the injury or within 1 year of death. In the case of recurrence, claims for a resumption of benefits must be made within 2 years of the last compensation payment.90003 90006 Nevada 90007 90002 90009 Alcohol and drugs / hiring- 90010 Nevada recently became the newest state to legalize recreational marijuana. Effective January 1, 2020 року, state law prohibits employers from refusing to hire a job applicant because he or she submitted to a screening test and the results indicate the presence of marijuana (90011 AB 132 90012, June 5, 2019). 90003 90002 90009 Leave of absence / sick leave 90010 -Effective January 1, 2020 року, Nevada law requires covered employers to provide earned paid leave, which employees may use for 90011 any 90012 reason, including those for which sick leave is typically used (90011 2019 SB 312 90012).90003 90006 New Jersey 90007 90002 90009 Equal pay- 90010 Effective January 1, 2020 року, employers are prohibited from screening a job applicant based on his or her salary history, including wages, salaries, or benefits (90011 NJ Rev. Stat. Sec. 10: 5-12 ( r) (2) 90012). Employers may not require an applicant’s salary history to satisfy minimum or maximum criteria. 90003 90002 If an applicant voluntarily, without employer prompting or coercion, provides the employer with his or her salary history, the employer may consider the information when determining salary, benefits, and other compensation for the applicant and may verify the applicant’s salary history.However, an employer may not consider an applicant’s refusal to volunteer information in any employment decisions. An employer may ask an applicant to provide it with written authorization to confirm the applicant’s salary history 90011 after 90012 an offer of employment that includes an explanation of the overall compensation package has been made. 90003 90006 New York 90007 90002 90009 Paid leave 90010 -Another benefit increase is set to take effect January 1, 2020 року, under New York’s Paid Family Leave (PFL) Benefit Law.The law, enacted in 2016, is being phased in over a number of years. In 2020 року, eligible employees will be entitled to up to 10 weeks of leave at 60% of their average weekly wage (AWW). The AWW in 2020 will be capped at $ 1,401.17, making the maximum PFL benefit $ 840.70 per week. 90003 90002 90009 Unemployment compensation- 90010 Beginning January 1, 2020 року, the Farmworkers Fair Labor Practices Act goes into effect. Regarding unemployment compensation, all agricultural employers are covered regardless of size.90003 90006 North Carolina 90007 90002 90009 Withholding- 90010 Effective January 1, 2020 року, the North Carolina Department of Revenue will require income tax withholding of 4% from payments made to nonresident contractors and certain nonemployee compensation payments where a taxpayer identification number (TIN) or an individual taxpayer identification number (ITIN) is not available. 90003 90006 Oregon 90007 90002 90009 Maternity and pregnancy- 90010 Effective January 1, 2020 року, Oregon’s Employer Accommodation for Pregnancy Act expands the Oregon Fair Employment Practices Act to require employers with six or more employees to also provide reasonable accommodations for employees ‘and applicants’ known limitations related to pregnancy , childbirth, and related conditions.Failure to make reasonable accommodations will be an unlawful employment practice. 90003 90002 Additionally, the Employer Accommodations for Pregnancy Act requires covered employers to provide reasonable accommodations for pregnancy, childbirth, and related conditions (2019 House Bill 2 341; ORS Ch. 659A 90011 et seq. 90012). 90003 90002 90009 Privacy 90010 — The Oregon Consumer Information Protection Act imposes a number of obligations on employers to help protect personal and confidential information belonging to Oregon residents (90011 OR Rev.Stat. Sec. 646A.600 et seq. 90012). This law was amended to broaden the set of personal information covered and impose new obligations on vendors. 90003 90006 Texas 90007 90002 90009 Healthcare insurance- 90010 Health plans issued or renewed on or after January 1, 2020 року, must cover telehealth services on the same basis as the plan covers the service or procedure in an in-person setting. 90003 90002 90009 Privacy- 90010 Businesses operating in Texas that own or license computerized data that include sensitive personal information must disclose any breach of system security after discovering or receiving notification of the breach to any Texas resident whose sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person.Beginning January 1, 2020 року, if a breach requires notification of 250 or more Texas residents, businesses must notify the attorney general within 60 days after determining that the breach occurred (90011 2019 HB 4390 90012). 90003 90006 Washington 90007 90002 90009 Employee exemptions 90010 90009 — 90010 Effective January 1, 2020 року, Washington employees will have to receive at least the required federal salary threshold to be classified as exempt, and the salary threshold will continue to increase until 2028.90003 90002 90009 Employment agreements- 90010 Effective January 1, 2020 року, Washington sets specific limitations and requirements upon employers wishing to enter into and enforce noncompetition agreements in the employment context (Engrossed Substitute House Bill 1450 (90011 HB 1450 90012)). The new law applies to any noncompetition agreement entered into with employees and independent contractors after the effective date, but it also includes provisions for retroactivity. 90003 90002 The act defines «noncompetition agreements» as every written or oral agreement restraining an employee or independent contractor from engaging in a lawful profession, trade, or business after an employment relationship ends.90003 90002 The new law applies both prospectively and retroactively. Specifically, it applies to all proceedings commenced on or after January 1, 2020 року, but also states «regardless of when the cause of action arose.» This language indicates that the law is intended to apply to noncompetition agreements entered into before January 1, 2020 року, if an employer files a lawsuit to enforce them after the effective date. 90003 90002 90009 Leave of absence 90010 90009 — 90010 Beginning January 1, 2020 року, eligible employees in Washington state will be entitled to up to 18 weeks of 90011 paid 90012 family and medical leave per year (2017 SB 5975; Wa.Rev. Code Tit. 50A). 90003 .90000 Canada’s new laws and rules in 2020: What you need to know 90001 90002 TORONTO — As we usher in another decade, a number of new laws and rules will come into effect in 2020 that may have an impact on your way of life. That includes changes to federal divorce laws, as well as cannabis and vaping regulations in some provinces. 90003 90002 Here are the highlights you need to know: 90003 90002 90007 CANADA-WIDE 90008 90003 90002 90007 Federal tax changes 90008 90003 90002 The basic amount most Canadians can earn tax-free is going up on Jan.1, to $ 13,229. The increase is being phased in over four years until it reaches $ 15,000 in 2023. 90003 90002 For Canadians in the lower income brackets, the changes could result in tax savings of up to $ 140 in 2020. For those earning more than $ 150,473 annually, those savings will be clawed back or not offered at all. 90003 90002 Also starting on Jan. 1, the employment insurance premiums for individual workers and employees will slightly decrease. The maximum annual EI contribution for a worker will fall by $ 3.86 to $ 856.36 and employers ‘maximum contribution will fall $ 5.41 to $ 1,198.90 per employee. 90003 90002 90007 Changes to the Divorce Act 90008 90003 90002 Federal laws related to divorce proceedings and family orders were amended with the passage of Bill C-78, with the majority of changes to the Divorce Act coming into effect on July 1, 2020. 90003 90002 The changes include updated criteria to determine a child’s best interests in custody cases, as well as measures to address family violence when making parenting arrangements.90003 90002 The changes also aim to make the family justice system «more accessible and affordable» for everyone involved. 90003 90002 The Divorce Act applies to married couples who are divorcing, while provincial and territorial legislation applies to all other spousal separations, including those involving unmarried and common-law couples. 90003 90002 90007 Overhauling the Indigenous child welfare system 90008 90003 90002 Legislation known as the Act Respecting First Nations, Inuit and Métis Children, Youth and Families will come into full force on Jan.1, 2020. It is meant to overhaul Canada’s Indigenous child welfare system, which critics have for years described as inadequate and discriminatory. 90003 90002 The changes to the legislation were developed with input from the Assembly of First Nations and experts across the country, and AFN says the new rules are «consistent» with the UN Declaration on the Rights of Indigenous Peoples. 90003 90002 90007 BRITISH COLUMBIA 90008 90003 90002 90007 Minimum wage increase 90008 90003 90002 As of June 1, 2020 року, the minimum wage in the province will increase to $ 14.60 per hour, from the current hourly rate of $ 13.85. In June 2021, the minimum wage is expected to increase to $ 15.20 per hour. 90003 90002 90007 New vaping regulations 90008 90003 90002 The province is planning to roll out much tougher rules when it comes to sale and promotion of vaping products in the wake of increasing concerns about the health effects of vaping. 90003 90002 Among the new rules: the provincial sales tax on vaping products will increase significantly on Jan. 1, from seven to 20 per cent.90003 90002 90007 No more health-care premiums 90008 90003 90002 B.C. is eliminating the provincial health-care premiums for its residents as of Jan. 1. The government says the elimination of the Medical Service Plan premiums will save individuals up to $ 900 and families up to $ 1,800 per year. 90003 90002 90007 ALBERTA 90008 90003 90002 90007 New carbon tax 90008 90003 90002 The federal government will start imposing its carbon tax on Alberta on Jan. 1. Albertans will pay $ 20 per tonne of CO2 until April 2020 року, when the price will rise to $ 30 per tonne.90003 90002 This means that Albertans will now be eligible for the carbon tax rebate when they file their income taxes. The rebate amounts will be as follows: 90003 90002 Single adult or first adult in a couple: $ 444 90003 90002 Second adult in a couple or first child of a single parent: $ 222 90003 90002 Each child under 18: $ 111 90003 90002 Baseline amount for a family of four: $ 888 90003 90002 90007 Property division changes under family law 90008 90003 90002 On Jan.1, certain changes to the provincial family law will make it easier for unmarried partners to divide their property if they break up. 90003 90002 The Matrimonial Property Act will be amended to apply to both «adult interdependent partners» and legally married spouses. Other changes to the Act include clarifying property division rules and when couples can enter into property ownership and division agreements. 90003 90002 90007 SASKATCHEWAN 90008 90003 90002 90007 Big fines for distracted driving 90008 90003 90002 Starting on Feb.1, 2020 року, the province will significantly increase fines for distracted driving. 90003 90002 Fines for first-time offenders will more than double from the current $ 280to $ 580. A conviction will also cost the driver four demerit points. 90003 90002 A second distracted driving offence within the same year will cost $ 1,400, four demerits and an immediate week-long vehicle seizure. A third offence within the same year will cost the driver $ 2,100. 90003 90002 90007 Changes to federal carbon tax rebates 90008 90003 90002 The federal government has adjusted the carbon tax rebates for residents of provinces that have not adopted their own carbon pricing models.For Saskatchewan, the 2020 rebates, which must be claimed on the 2019 income tax returns, are as follows: 90003 90002 Single adult or first adult in a couple: $ 405 90003 90002 Second adult in a couple or first child of a single parent: $ 202 90003 90002 Each child under 18: $ 101 90003 90002 Baseline amount for a family of four: $ 809 90003 90002 90007 MANITOBA 90008 90003 90002 90007 Changes to federal carbon tax rebates 90008 90003 90002 For Manitoba residents, the 2020 federal carbon tax rebates, which must be claimed on 2019 income tax returns, are as follows: 90003 90002 Single adult or first adult in a couple: $ 243 90003 90002 Second adult in a couple or first child of a single parent: $ 121 90003 90002 Each child under 18: $ 61 90003 90002 Baseline amount for a family of four: $ 486 90003 90002 90007 ONTARIO 90008 90003 90002 90007 No more out-of-country health insurance coverage 90008 90003 90002 The Ontario government’s move to scrap its out-of-country health insurance takes effect on Jan.1. This means that Ontarians who fall ill while travelling can no longer claim the $ 400-a-day maximum coverage for inpatient emergency care and the $ 50-a-day maximum allowed for emergency outpatient services (such as an MRI or a CAT scan) that, until now, were provided by OHIP. 90003 90002 The provincial government has defended its decision by saying that the OHIP coverage was minimal and «inefficient,» given the high cost of medical care abroad — and especially in the United States — that usually requires private travel insurance.90003 90002 90007 E-scooters on roads 90008 90003 90002 As part of a five-year pilot project, the Ontario government will let municipalities decide whether to allow e-scooters on their roads. 90003 90002 Operating e-scooters is currently only allowed on private property in the province. 90003 90002 The pilot project starts on Jan. 1. E-scooter drivers will have to be at least 16 years old and wear a helmet. 90003 90002 90007 Restrictions on advertising vaping products 90008 90003 90002 On Jan.1, Ontario will ban the promotion of vaping products in convenience stores and gas stations, in response to growing concerns about the health effects of vaping on young people. 90003 90002 The province will still allow vaping to be promoted in specialty stores and cannabis shops, which are only open to those aged 19 and older. 90003 90002 90007 Dogs on restaurant patios 90008 90003 90002 Starting Jan. 1., Ontario will give restaurants and bars the option to allow dogs on their patios, in areas where «low-risk foods» (such as pre-packaged snacks and beer) are served.The move is part of a slew of changes enacted by the passage of Bill 132, also known as the Better for People, Smarter for Business Act. 90003 90002 90007 Changes to federal carbon tax rebates 90008 90003 90002 For Ontario residents, the 2020 federal carbon tax rebates, which must be claimed on 2019 income tax returns, are as follows: 90003 90002 Single adult or first adult in a couple: $ 224 90003 90002 Second adult in a couple or first child of a single parent: $ 112 90003 90002 Each child under 18: $ 56 90003 90002 Baseline amount for a family of four: $ 448 90003 90002 90007 QUEBEC 90008 90003 90002 90007 Legal age for cannabis 90008 90003 90002 As of Jan.1, the minimum legal age to possess or purchase cannabis in Quebec will be raised to 21. That will make it the highest legal age to purchase cannabis in Canada, compared to a legal age of 19 in the majority of the country. 90003 90002 90007 ‘Values ​​test’ for immigrants 90008 90003 90002 Starting on Jan. 1, economic immigrants who want to settle in Quebec will have to pass the province’s controversial «values ​​test.» The test will include questions about secularism in Quebec, religious symbols, same-sex marriage and gender rights.90003 90002 The test will not apply to newcomers who are refugees or arriving in Canada via family reunification programs, since they come under the federal government’s jurisdiction. 90003 90002 90007 NEW BRUNSWICK 90008 90003 90002 90007 No more annual motor vehicle inspections 90008 90003 90002 As of Jan 1., the province will no longer require drivers to get their personal vehicles inspected every year. Instead, the inspections will be required every two years. The cost of inspecting a vehicle will also go up, from $ 35 to $ 45.90003 90002 90007 NOVA SCOTIA 90008 90003 90002 90007 Changes to income assistance 90008 90003 90002 On Jan. 1, the province will implement changes that will increase the amount of money people on income assistance receive. The increase will vary from two to five per cent, depending on the recipient’s living situation and family size. 90003 90002 The change is a result of a new «Standard Household Rate» that replaces personal and shelter allowances for people on income assistance.90003 90002 90007 Plastic bag ban 90008 90003 90002 Nova Scotia will join several other provinces in banning most single-use plastic bags at store checkouts next fall. Retailers will still be allowed to use the bags for live fish and bulk items, and there will also be exemptions for food banks and charities. 90003 90002 The ban will come into effect on Oct. 30, 2020. 90003 90002 90007 Ban on flavoured e-cigarettes 90008 90003 90002 Nova Scotia has previously announced that it will be the first province to ban sales of flavoured e-cigarettes and vaping juices as part of regulatory changes that take effect April 1, 2020.90003 90002 90007 NEWFOUNDLAND AND LABRADOR 90008 90003 90002 90007 Plastic bag ban 90008 90003 90002 The province will join Nova Scotia and Prince Edward Island in banning retail plastic bags. While no exact date of enforcement has been set for the ban, the provincial government says that, by mid-2020 року, shoppers should bring their own reusable bags to grocery stores and other retailers. 90003 90002 90007 New rules to address workplace harassment 90008 90003 90002 The province’s expanded regulations regarding workplace harassment take effect Jan.1. The changes include new training requirements for employers and employees, as well as «a secure and confidential means» for employees to file harassment complaints. 90003 90002 90259 With files from The Canadian Press 90260 90003 .90000 Privacy legislation perspectives in 2020 90001 90002 Internet security continues to be a key concern for consumers and business, especially when it comes to data protection. While the best antivirus software will often have privacy settings to help consumers better control what information is shared with companies, businesses themselves have more regulations to face in the coming years. 90003 90002 The global privacy legislation landscape has shifted considerably during 2019, and 2020 is going to be another busy year from a data protection standpoint.In fact, the start of the new year (1 January 2020) will see the California Consumer Privacy Act (CCPA) enter into application. 90003 90002 On Friday, October 11, 2019, Xavier Becerra, the California Governor signed all five of the California Consumer Privacy Act amendments that were awaiting his signature as well as an amendment to California’s data breach law. 90003 90002 Attention is now being focused on draft regulations proposed by the California Attorney General. A period of public consultation, including several public hearings, will now take place up until 6 December 2019 and several proposals have already been tabled to make the legislation even stricter in 2020.This includes the Mactaggart ballot initiative, which proposes that a data protection authority be established in California to enforce the legislation on an ongoing basis. 90003 90002 About the author 90003 90002 Paul Brietbarth is the Director of EU Operations & Strategy at Nymity. 90003 90014 Focus on consumer rights 90015 90002 While CCPA legislation may not be an omnibus style law like the GDPR, it has been inspired by it, particularly around data subject rights. The primary focus of the CCPA relates to individual consumer rights; the right to request information, right of deletion, right to opt-out of data being sold and obligations on businesses to inform consumers and employees of what personal data of theirs will be collected and for what purpose — at the time of or before the collection takes place.90003 90002 However, it is not only in America that the influence of the GDPR has been felt. Many other countries around the world are in the process of reviewing and discussing privacy legislation bills ahead of 2020. 90003 90002 This includes South Korea, which is updating its regulations with the hope to achieve adequacy in the coming year. The country’s current multiple data privacy laws could potentially be combined into one omnibus law that can be considered ‘essentially equivalent’ to the GDPR.Meanwhile in South America, the LGPD, Brazil’s first General Data Protection Law, will enter into force on 15 August 2020 and like the GDPR it is an omnibus law, covering many principles of data protection. 90003 90002 The most common aspect of GDPR being replicated globally is the guidance around data subject rights, data breaches and accountability requirements. More countries are implementing regulations to help with international data exchange, and we can expect to see more cases of legislation incorporating elements of GDPR in the coming year.90003 90014 Privacy regulation 90015 90002 Another development we potentially may see in 2020 is progress around the European Union’s ePrivacy Regulation, which will replace the existing ePrivacy and Electronic Communications Directive 2002/58, that was implemented in the UK in 2003. The new law has been designed to work alongside the GDPR, taking on board the definitions of privacy and data and looking to enhance it around areas including cookies, unsolicited marketing and confidentiality for online privacy (something Linux distros for privacy are already developed to provide).90003 90002 The latest discussions in the Council of Ministers suggest a move towards progress and headway being made in the ongoing negotiations. A joint government position on the draft legislation is looking hopeful, with a view to aligning the legislation with GDPR next year. That is, if agreement can be reached with the European Parliament, which seems to aim for much stricter rules than the government representatives. 90003 90002 Much of the progress follows the ruling made this last October by the Court of Justice of the European Union in relation to what has been labelled the Planet 49 case.This specifically looked at the need for explicit opt ​​in consent when it comes to placing cookies on users ‘devices when browsing online in relation to a case involving online gaming company Planet 49. 90003 90002 The company was taken to court in proceedings initiated by the German Federation of Consumer Organisations, a non-governmental consumer protection organisation, for its request to require people wishing to take part in an online lottery to consent to pre-ticked cookies to access the game.The Court confirmed in its ruling that pre-ticked forms for cookies do not constitute a free and informed consent and that consent provided in such a way thus is not valid. 90003 90002 While this is somewhat of a landmark ruling, we can certainly expect to see further similar cases around cookie laws in 2020 року, with many others, including on the legality of so-called cookie walls, still currently pending judgements. 90003 90002 In the meantime, consumers wanting to help protect their online presence are increasingly turning to browser plugins and even VPN software to anonymize their data.90003 90014 Compliance is still lagging 90015 90002 On GDPR, the first full evaluation of the legislation and its impact is likely to be completed next year. It is unlike the European Commission will propose major changes to the law already, although it has been suggested minor changes related to data protection governance could be forthcoming. We can expect to see more enforcement from data protection authorities with many investigations still currently ongoing, although the challenge that many DPAs still face is that they are understaffed and under budget.90003 90002 What is certain however is that we will not see everyone becoming GDPR compliant in 2020. It’s still unfortunately the case that too many companies do not want to invest in privacy or simply do not give due care and consideration to achieving privacy compliance. 90003 90002 In the meantime, consumers can use free privacy software to try and protect their data. 90003 90014 Transfer of personal data 90015 90002 Going back to the Court of Justice of the European Union, another area undergoing review is the transfer of personal data to the United States, both using standard contractual clauses and under the EU-US Privacy Shield, a framework in place for regulating the exchanges of personal data for commercial use between companies in the EU and US.90003 90002 A case (Schrems II) is currently pending with the Court to decide if either transfer mechanism offers sufficient and adequate safeguards to protect personal data originating in the EU, especially in light of the extensive US surveillance legislation. A decision is expected on this in February or March of next year. If the judgement states that things need to change it could have a big impact on international data flows, but it is too soon to tell on that currently. 90003 90002 Mobile users currently have various options for controlling their data.For example, there are privacy apps for Android which are proving increasingly popular in the Google Play store. 90003 90014 Legislating on the role of AI 90015 90002 Finally, another area that it will be interesting to monitor in 2020 is how the privacy legislation landscape is impacted by the new incoming president of the European Commission. One of the pledges of the new regime is to propose new legislation within the first 100 days of office as to how to deal with artificial intelligence. The impact of this in terms of the processing of personal data via AI technologies is something that will inevitably become a key discussion point in 2020.90003 90002 90003 90002 90061 Paul Brietbarth is the Director of EU Operations & Strategy at 90062 90061 Nymity 90062 90061. 90062 90003 .90000 One year after GDPR, China strengthens personal data regulations, welcoming dedicated law · TechNode 90001 90002 Three years ago, when an 18-year-old Chinese schoolgirl died as a result of a telephone scam, it sparked a heated discussion about personal information protection on the internet. 90003 90002 Xu Yuyu, a high school graduate from east China’s Shandong province, died of cardiac arrest on August 19, 2016, two days after she gave nearly RMB 10,000 (around $ 1,400) to someone posing as a local education official.The fraudster had told Xu to transfer the money, which her family had planned to use for her university tuition fees, so that she could access her financial aid. 90003 90002 Chinese media reported that Xu received the scam call within days of applying for financial aid at the local education bureau. In September 2016, an investigation (in Chinese) by state broadcaster China Central Television revealed that the scammer, named Chen Wenhui, had purchased online the personal information of tens of thousands of high school graduates, including their names, phone numbers, home addresses, and schools.90003 90002 Xu’s case coincided with a whirl of other telephone scams that happened in the same month. Another incident, in which a lecturer at Beijing’s prestigious Tsinghua University was swindled out of more than RMB 17 million by fraudsters, led to a nationwide outcry over the country’s lack of personal information protection. 90003 90002 China has since accelerated legislation on the issue, with more than 200 laws, rules, and national standards being brought up by the country’s legislative bodies, government agencies, and cyberspace watchdogs.A dedicated law that emulates the General Data Protection Regulation (GDPR) of the European Union, which will potentially bring tech companies in line with stringent personal data regulations, is also in the works. 90003 90012 GDPR one year on 90013 90002 May 25 marked the first anniversary of the GDPR, Europe’s strict data protection rules. In a statement, Andrus Ansip, vice-president of the European Commission’s Digital Single Market strategy, and Věra Jourová, Commissioner for Justice, Consumers and Gender Equality of the European Commission, said the game-changing rules had not only made Europe fit for the digital age, but also become a global reference point.90003 90002 The GDPR allows people to request access to their personal data as stored by online service providers and restricts how those companies obtain and handle the information. When the law took effect one year ago, it was considered the world’s toughest framework to protect people’s online privacy. 90003 90002 Bjørn Stormorken, CFO of Sweden-based social networking platform Idka AB, told TechNode that the GDPR had created a whole new industry, in which law firms, auditors, and software consultancies offer compliance advice pertaining to the new rules.90003 90002 The reason for the rapid growth of this «compliance» industry was not to promote privacy and protect fundamental rights, Stormorken notes. «Rather, it was: How can you, with minimum costs, become GDPR-compliant in your business?» 90003 90002 In the first 12 months of implementing the GDPR, the European Commission has fined more than 90 companies a total of more than 56 million euros (around $ 62.5 million). 90003 90002 The process of compliance may cost a lot in the beginning, but in the long run, it will become «business as usual» with a slight operational cost increase, said Stormorken.»The development of systems and technologies that support and uphold democratic values ​​and respect of basic human rights have proven to be most resilient and valuable.» 90003 90002 «The principles of the GDPR are also radiating beyond Europe,» said Ansip and Jourová in the European Commission statement. «From Chile to Japan, from Brazil to South Korea, from Argentina to Kenya, we are seeing new privacy laws emerge.» 90003 90002 China, which has the most internet users in the world, does not yet have a privacy law, but the country’s top legislative body has put one on its agenda.Ahead of that, various legislative attempts were made to establish norms for personal information protection, including a national standard that is similar to GDPR. 90003 90012 China’s road to data privacy 90013 90002 «China can learn a lot from GDPR, including conditions of user consent, the formulation of an enterprise’s privacy policy, the establishment of the right to be forgotten, and punitive measures against violations,» Qi Aimin, a professor at Chongqing University’s School of Law, told TechNode.90003 90002 China’s legislative process on the protection of personal information began in November 2016, when the Cybersecurity Law was adopted by the Standing Committee of China’s top legislature, the National People’s Congress (NPC). The law, which took effect on June 1 2017, banned online service providers from collecting and selling users ‘personal information without user consent. 90003 90002 The law establishes basic privacy requirements: It bans network operators from gathering data that is not relevant to their services, bans sharing identifiable data without consent, and requires companies to safeguard personal data.90003 90002 The law does not spell out what companies need to do to comply with key requirements involving consent, anonymization, and securing personal information. But these questions are addressed in a document published by China’s National Information Security Standardization Technical Committee (TC260), the country’s main standards body. 90003 90002 In March 2018, the TC260 issued a national standard, the Personal Information Security Specification, which covers the collection, storage, use, sharing, transfer, and disclosure of personal information.90003 90002 This specification is considered one of the most similar to the GDPR. While the Cybersecurity Law summarizes fundamental principles of personal information, the TC260 specification provides detailed guidance for compliance in information processing. 90003 90002 This standard was followed by strengthened regulations on businesses ‘collection and use of personal information. 90003 90002 According to a report by the China Internet Network Information Center, an administrative agency responsible for internet affairs supervised by the Cyberspace Administration of China (CAC), the number of internet users in China reached 829 million by the end of 2018, among which 817 million people used mobile phones to access the internet.90003 90002 With nearly 99% of netizens surfing the internet via mobile phones, regulators in China have launched a campaign that focuses on the illegal collection and use of personal information by smartphone applications. 90003 90002 In January 2019, internet watchdogs began to inspect popular smartphone apps to determine whether they engage in illegal or excessive collection of user information. 90003 90002 Apps offering ordering food, navigation, and car-hailing services were the primary targets in the campaign, which will last through December 2019, according to a statement by the CAC, the Ministry of Public Security, the Ministry of Industry and Information Technology ( MIIT), and the State Administration for Market Regulation.90003 90002 January also marked the establishment (in Chinese) of a special administration working group dedicated to apps by the TC260 and the Internet Society of China, a nongovernmental organization supported by the MIIT, to promote closer evaluation of illegal collection and use of personal data by mobile apps. 90003 90002 In order to develop online privacy protection norms for mobile apps, the CAC released a new set of draft privacy guidelines for app operators on May 5. They outline seven situations that constitute the illegal collection and use of personal data, including the collection and use of users ‘personal information or the provision of personal information to third parties without the consent of the user.90003 90002 In the latest move, on May 28, the CAC introduced a new data security regulation, stating that customized content using recommendation algorithms driven by personal information, including news feeds and advertising, should be explicitly labeled. 90003 90002 According to Qi, there are currently over 200 Chinese laws, rules, and related normative documents covering the protection of personal information, both in civil and criminal aspects. However, he believes that they are still inadequate to protecting the personal information of netizens.90003 90012 Compliance 90013 90002 The Personal Information Security Specification only provides guidelines for enterprises when they are dealing with personal information; it can not be invoked in court, nor by administrative agencies to levy administrative punishments, said Fang Chaoqiang, a lawyer at Beijing Yingke Law Firm. 90003 90002 Fang said that national standards in China usually help law-enforcing departments implement higher-level laws and rules. «When it comes to administrative penalties and civil lawsuit procedures, national standards can provide better criteria,» he said.90003 90002 In a commentary published last year, Samm Sacks, a cybersecurity policy and China digital economy fellow at the New America think tank, opined that national standards in China are better understood as a kind of policy guideline or regulation, and that government authorities are likely to refer to the specification when conducting various reviews and approvals. 90003 90002 Like the GDPR, China’s Personal Information Security Specification includes guidance on user consent, data protection, data access, the obligation of disclosure, and the evaluation of data security, but overall it is more permissive.For instance, the GDPR has provided six lawful bases that allow data controllers to process personal data, such as user consent, legal obligation, and vital interests, but the specification only lists four circumstances where data controllers are not allowed to process personal data. 90003 90002 Fang said the specification would also act as a guideline for legislators making related laws. Thus, the upcoming personal information protection law will probably contain most of the personal data protection elements featured in the GDPR, though it might show more tolerance.90003 90002 As part of European Union law, the GDPR has created several rights for EU citizens to protect their privacy, including rights to be forgotten, to object to the use of their personal data, and to access their data. 90003 90002 The current Personal Information Security Specification does not give Chinese citizens any right to protect their privacy because it is not a law. But legal experts expect that a dedicated personal information law may achieve the goal. 90003 90002 «Without a unified personal information protection law, the right to personal information can not be established in the civil law system,» said Qi, adding that China’s protection of personal information should be promoted.90003 90002 Qi himself has advocated for legal protections of personal information in China. In 2005, he drafted an advisory version of the Personal Protection Law (in Chinese). 90003 90002 «I have been pushing the legislation of personal information protection law for a long time, and it was successfully brought into the legislative plan of the current term of the NPC,» said Qi. «We will see the Personal Information Protection Law be introduced and implemented in the next five years.» 90003 90002 Qi also says that China’s legislators should not «copy» the GDPR because China has a large number of internet users and a booming e-commerce economy.90003 90002 «China’s legislation on personal information protection should balance the interests of individuals, enterprises, and governments, but this should be based on the establishment of citizens ‘privacy rights,» he said. 90003 90002 Fang hopes that the forthcoming Personal Information Protection Law will be as transparent as EU’s GDPR. 90003 90002 «It’s a fact that Chinese people are not as sensitive as people in Western countries when it comes to personal information and privacy.As a result, our country’s legislative process on personal information protection started well later than those in Western countries, «said Fang. 90003 90002 «Laws are dynamic. In the future, China’s laws and rules on personal information protection are very likely to become as unified and clear as the GDPR, «he added. 90003 .