Notification Requirements Research Articles

MANAGING INDONESIAN DATA BREACH NOTIFICATION IN THE FINANCIAL SERVICES SECTOR: A CASE FOR ONE-STOP NOTIFICATION MODEL

As a business of trust, the banking and financial services industry must protect its reputation to ensure consumer’s confidence. However, recent adoption of emerging internet communication technologies (ICT) have introduced new risks and challenges, such as safeguarding systems from cyberattacks and protecting consumer’s personal data. Cyberattacks, especially ransomware have shed new light on the importance of privacy and security throughout the banking and financial industry’s digitization efforts. Any organisation affected by cybersecurity attacks must face a twofold legal question. First, whether or not there has been a violation of the legal security requirements? Second, is to determine whether the attack triggers Data Breach Notification to the Data Protection Authority and/or Data Owners. This paper examines the complexity of maintaining security obligations under Indonesian Law (UU ITE, UU PDP, RPP PDP, and other relevant regulations) while also highlighting the common challenges in steering Data Breach Notification, with an enhanced perspective of the European General Data Protection Regulation (EU GDPR) practices. To address the challenges of patchwork data breach notification requirements in Indonesia, this paper proposes a proactive approach by Indonesia’s future Personal Data Protection Authority in creating a one-stop notification model to enable effective data breach incident management and notification.

채권양도금지 특약과 채권양도의 제3자에 대한 대항요건에 관한 비교법적 연구

At the time of the enactment of the Korean Civil Code, the provision regarding anti-assignment clauses and perfection of the assignment of claims against third parties were referred to the Japanese Civil Code. However, in 2017, Japan significantly revised Article 466 of its Civil Code, which deals with the anti-assignment clause. The provisions of the Japanese Civil Code regarding perfection of the assignment of claims against third parties were referred to the French Civil Code when Japan enacted its Civil Code in 1896. However, France revised its Civil Code to adopt a written form requirement for the contract of assignment of claims (French Civil Code, Article 1322), and removed the requirement of notification to the debtor for perfection of the assignment of claims against third parties, so that perfection of the assignment against third parties is acquired at the time of the conclusion of the assignment agreement (French Civil Code, Article 1323). The German Civil Code, from the beginning, stipulates that perfection of the assignment against third parties is acquired at the time of the conclusion of the assignment contract, and notification to the debtor is not a requirement. Considering these global revision trends, it is desirable to consider revision of the Korean Civil Code regarding anti-assignment clauses and perfection of the assignment of claims against third parties. As a proposed revision to the Korean Commercial Code, the introduction of a provision specifically dealing with receivables can also be considered. According to this proposal, for non-monetary claims, the assignment of claims would be void if the assignee is aware (or grossly negligent) of the anti-assignment clause, and the assignment would be valid if the assignee is unaware under the Korean Civil Code; and in the case of commercial receivables, the assignment of receivables would be valid regardless of whether the assignee is aware or unaware of the anti-assignment clause, thereby protecting the safety of transactions involving receivables under the proposed Commercial Code revision. An analysis of overseas legislation shows that there are few examples of legislation that stipulate notification to the debtor as a requirement for perfection of the assignment of receivables against third parties. With France’s revision of its Civil Code, the Japanese Civil Code is almost the only example of such legislation. It is time for Korea to consider a revision that liberates the assignor from the obligation to notify the debtor in order to perfect the assignment against third parties. To alleviate the burden of notifying the debtor of the assignment of receivables, it is necessary to revise the Act on Security over Movable Assets and Receivables to include the assignment of receivables within its scope of application.

The dangers of federalizing crime law: consequences of the Adam Walsh Act and sex offender registry expansion

ABSTRACT I evaluate the 2006 Adam Walsh Act (AWA) and the sex offender registration and notification requirements that it established. I find that the law expands registry size in compliant states but does not reduce sex crimes, including those made registerable or more severe by the AWA. My results suggest that the conviction-based approach to determining inclusion on registries mandated by the AWA instead has the counterproductive effect of making registries less likely to reduce sex crimes and notification requirements are not effective at alerting prospective victims about unfamiliar offenders.

Factors associated with underreporting of tuberculosis cases among private healthcare providers in Semarang City

Tuberculosis (TB) continues to be a global public health challenge, with accurate case reporting being crucial for the implementation of effective control measures. In Semarang City, Indonesia, private healthcare providers play a pivotal role, yet the under-reporting of TB cases in this sector compromises the management and containment of the disease. This study investigates the factors influencing the under-reporting of TB cases among private healthcare providers and explores their consequences for public health strategies. The primary aim of this research is to elucidate the relationship between various determinants such as physicians’ knowledge of TB notification protocols, their commitment to notification processes, the availability of dedicated staff for notification, incentive mechanisms, and the notification format used, and the phenomenon of TB case under-reporting. Methods: Employing the Spearman correlation coefficient, this study evaluates the associations between the identified factors and the under-reporting of TB cases. The findings indicate significant correlations between under-reporting of TB cases and several variables: the physicians' awareness of notification requirements, their commitment to notification procedures, the existence of incentives, the appointment of designated staff for notification tasks, and the format of the notification system (Sig < 0.05). Discussion: The under-reporting of TB cases hinders accurate disease surveillance and timely intervention, thereby perpetuating transmission and increasing the risk of drug-resistant TB strains. The results underscore the necessity for targeted interventions aimed at enhancing TB reporting practices among private healthcare providers. Enhancing these practices is crucial for strengthening the overall TB control strategy and protecting public health.

Making a Bad Situation Worse: Current and Potential Unintended Consequences of Juvenile Registration for Sexual Offences.

Within the US, children and adolescents who engage in sexually abusive behavior are often subjected to sex offender registration and notification requirements, which contribute to stigmatization and forfeiture of their civil rights without empirical basis (Lancaster, 2011; Pickett et al., 2023; Zilney & Zilney, 2009). To date, 39 states subject children with adjudicated sexual offenses to sex offender registration requirements, with most recent estimates revealing that approximately 200,000 youth have been placed on sex offender registries within the US and many are now on the registry as adults (Pickett et al., 2020). This severe response-by both members of the public and policymakers-toward children who engage in inappropriate sexual behavior is imposed upon children and adolescents with adjudicated sexual offenses in an effort to meet goals of reducing sexual violence and increasing community safety. Within the current discourse, we review the history of registration and notification practices for adolescents with sexual offenses, describe what registration and notification policies entail, and then present empirical and theoretical evidence of the harmful outcomes associated with implementation of registration and notification requirements for sexual offenses. Thus, the predominant aim of this discourse is to encourage thoughtful and critical examination of registration and notification policies and their iatrogenic impacts.

Exploring challenges and recommendations for verbal autopsy implementation in low-/middle-income countries: a cross-sectional study of Iringa Region—Tanzania

BackgroundVerbal autopsy (VA) plays a vital role in providing cause-of-death information in places where such information is not available. Many low-/middle-income countries (LMICs) including Tanzania are still struggling to yield...

THE IMPLICATIONS OF THE NEW EU FOREIGN SUBSIDIES REGULATION AND ITS DRAFT IMPLEMENTING REGULATION FOR INVESTORS AND BENEFICIARIES

This article examines the notification obligations according to the draft implementing regulation of the Foreign Subsidies Regulation (“FSR”), which was implemented by the European Parliament and the Council on January 12, 2023. The draft implementing regulation establishes an extensive notification system for mergers and acquisitions (M&A) cases and public procurement, including tenders. The article outlines the main notification obligations and the required data that must be submitted to the Commission under the FSR and its draft implementing regulation.The FSR came into effect on January 12, 2023, and will be applicable starting from July 12, 2023. As of October 12, 2023, companies are required to notify the Commission of mergers and participation in public procurement procedures when the relevant thresholds are met.The purpose of this article is to examine the FSR and its Draft Implementing Regulation, which aim to address potential distortions in the EU internal market caused by subsidies from third countries to companies operating within the EU.The analysis in this article is based on a review of the FSR and its Draft Implementing Regulation, and relevant legal sources. The article also considers the consultation period of the European Commission and feedback received from companies and stakeholders during the development of the draft implementing regulation. The methodology involves a detailed examination of the provisions, definitions, and notification requirements outlined in the FSR and its draft implementing regulation. The draft implementing regulation of the Foreign Subsidies Regulation presents new compliance and reporting requirements for companies operating within the EU, aiming to address potential distortions in the EU market caused by foreign subsidies. While the specific legal challenges can vary, companies and beneficiaries should be prepared for the new obligations and requirements. These include ensuring compliance, understanding the subsidy assessment criteria, cooperating with authorities during investigations, balancing transparency with the protection of confidential information, and potentially addressing legal challenges or disputes.The implementation of the Foreign Subsidies Regulation represents a significant step in regulating third country subsidies and promoting fair competition in the EU internal market.

Consumer Vulnerability, Digital Fairness, and the European Rules on Unfair Contract Terms: What Can Be Learnt from the Case Law Against TikTok and Meta?

Directive 1993/13/EEC on unfair contract terms (UCTD) is one of the oldest pieces of European consumer legislation, formulated before the development of the Internet as the leading marketplace, and still in force, with no major changes since its adoption. As the most significant piece of consumer legislation not substantially amended following the consumer law Fitness Check that resulted in the adoption of Directive 2019/2161/EU, it is questionable whether the UCTD remains fit for purpose in regulating the terms and conditions in the user agreements and policies of social media platforms to address the existence of the social platform related digital vulnerabilities of consumers. This paper assesses the potential and limits of data-based reforms to the UCTD, in procedural notification requirements and substantive unfair terms controls, before demonstrating how the UCTD could be brought up-to-date while preserving commercial certainty and avoiding dramatic changes. This could be done simply by mandating measures that are already being taken, either by social media platforms themselves or by other major tech companies, and by elaborating existing requirements with standards that are analogous to other already-existing consumer rights. The assessment of the real unfair-terms problems highlighted by regulatory actions around the world against two major traders, TikTok and Meta (including Facebook and WhatsApp), may illustrate well the inadequacies in the minimum protections currently afforded by the UCTD.

Push notifications for critical labs results: a pilot study in the intensive care unit (ICU).

We developed a push notification allowing for an electronic acknowledgment of critical lab results to providers in the intensive care unit. This project was conducted over a 3-month period at a large academic safety net hospital. A push notification and acknowledgment system were created to comply with the existing critical results notification requirements. We monitored the number of acknowledged results, time to acknowledgment, and lab type. Prior to the push notification, lab services paged the provider. This resulted in many critical lab results relayed to the clinician beyond the expected 10-minute window. With the push notification workflow, we found that, during the 3-month period, 82, or 5.8%, of the 1414 results were acknowledged. This represented 82 less pages/calls lab services had to make. The push notification alert was easy to use and there was quicker results notification when acknowledged. There were limitations due to hand-offs for clinicians and some were not familiar with the mobile technology and the electronic acknowledgment. Although the acknowledgment rate was low, every electronic acknowledgment saved lab service technicians an average of 10 minutes compared to the existing workflow. As familiarity with the technology and workflow increases, this novel form of communication has the potential to have significant cost savings for lab services, in addition to efficiency gains for lab, clinicians, and more timely care. The integration of health information technology and push notification of critical labs should be the focus of investigation for further future research.

Modification of Digital Content and Digital Services Within the Understanding of the Directive 2019/770 and Draft Law № 6576

Modification of Digital Content and Digital Services Within the Understanding of the Directive 2019/770 and Draft Law № 6576

A large travel-associated outbreak of iatrogenic botulism in four European countries following intragastric botulinum neurotoxin injections for weight reduction, Türkiye, February to March 2023.

In March 2023, 34 associated cases of iatrogenic botulism were detected in Germany (30 cases), Switzerland (two cases), Austria (one case), and France (one case). An alert was rapidly disseminated via European Union networks and communication platforms (Food- and Waterborne Diseases and Zoonoses Network, EpiPulse, Early Warning and Response System) and the International Health Regulation mechanism; the outbreak was investigated in a European collaboration. We traced sources of the botulism outbreak to treatment of weight loss in Türkiye, involving intragastric injections of botulinum neurotoxin. Cases were traced using a list of patients who had received this treatment. Laboratory investigations of the first 12 German cases confirmed nine cases. The application of innovative and highly sensitive endopeptidase assays was necessary to detect minute traces of botulinum neurotoxin in patient sera. The botulism notification requirement for physicians was essential to detect this outbreak in Germany. The surveillance case definition of botulism should be revisited and inclusion of cases of iatrogenic botulism should be considered as these cases might lack standard laboratory confirmation yet warrant public health action. Any potential risks associated with the use of botulinum neurotoxins in medical procedures need to be carefully balanced with the expected benefits of the procedure.

Investigating erythrocyte hemolysis assay use for proinflammatory potential prediction of silica particles

Crystalline silica, which is a causative agent of silicosis (an occupational disease), is manufactured in a variety of products (particles) with different particle characteristics, such as size and surface properties. In Japan, the products are currently uniformly controlled as crystalline silica, which is a substance subject to labeling and notification requirements. However, since the toxicity of silica particles reportedly varies depending on its characteristics, businesses are encouraged to conduct appropriate risk assessments for each product to prevent silicosis. Recently, silica particles have been reported to induce lysosomal membrane damage, leading to the activation of proinflammatory factors. An indirect method to evaluate lysosomal membrane damage known as the erythrocyte hemolysis assay, in which the erythrocyte membrane is assumed to be the lysosomal membrane, was performed. This study aimed to examine the possibility of constructing a screening system for proinflammatory potential prediction of silica particles based on their erythrocyte hemolytic activity. Hemolysis assays were performed on the silica particles with different sizes, crystallinity, and surface functional groups using the erythrocytes from a healthy volunteer. Additionally, the hemolytic activity of other element particles was compared with that of the silica particles, and 27 types of commercially available crystalline silica particle products underwent screening trials. The hemolytic activity of silica particles was higher in crystalline than that in amorphous and increased with the decreasing size. The hemolytic reaction was particular to silica particles and rarely occurred in particles of other elements. Moreover, the hemolytic activity was significantly suppressed if the silica particles surface was modified with metal ions (Fe3+, Al3+). The hemolytic activities of the crystalline silica products used industrially significantly differed. This study revealed that particle properties, such as size, crystallinity, and surface functional groups, affect the hemolytic activity of silica particles. Particularly, the surface functional groups (silanol groups) that are unique to silica particles were considered to be strongly involved in hemolytic activities. Since grading the commercially available crystalline silica particle products based on the hemolytic rate was possible, hemolytic activity was suggested to be an evaluation index for predicting the proinflammatory potential of silica particles.

Observing 2021–22 data breach decisions of the Irish Data Protection Commission

The Irish Data Protection Commission (DPC) regulates many of the top global technology companies and as such its decisions have a significant impact on the companies and on the many users of their platforms. This article examines a number of recent data breach decisions of the DPC and finds them forensic, focused, reasoned and formulaic in approach. The decisions deal with key General Data Protection Regulation (GDPR) provisions, notably on requirements for data breach notification and communication with data subjects. In a change of strategy earlier this year, the DPC no longer offers guidance to controllers dealing with a breach, as was its previous practice. Decisions such as these are likely to help fill that vacuum.

An Introduction to Factoring Law in China

With the growth of international trade activities, the business volume of factoring in the Chinese market has shown a significant upward trend. Before the promulgation of the Chinese Civil Code in 2020, the factoring contract did not receive due attention, while its legal nature has sparked heated debate due to the complex legal relationships contained in its internal structure. However, the factoring contract is stipulated in the Contract Book as a new nominate contract in the Chinese Civil Code, which is a distinctly important milestone. The relevant provisions of the factoring contract are contained in Articles 761 to 769 of the Code, which have outlined a preliminary regulatory framework for factoring activities. However, controversies still exist in the legal interpretation and judicial practices related to factoring. This paper introduces the legislation and the related judicial practices of factoring with a detailed interpretation of the relevant articles in the Chinese Civil Code, which one could consider a remarkable example of the fusion of the Civil law and Common law systems Factoring contract, Chinese Civil Code, nominate contract, assignment of creditor’s claims, secured transaction, fabricated receivables, notification requirements, recourse factoring, non-recourse factoring, priorities of factoring

Elevating the Needs of Minor Adolescents in a Landscape of Reduced Abortion Access in the United States

Elevating the Needs of Minor Adolescents in a Landscape of Reduced Abortion Access in the United States

Perianale Affenpocken

A new viral disease is spreading throughout Europe, monkeypox. This article reports experiences of the first 8 patients occurring in this center, since the beginning of the outbreak, with special attention to the anal manifestations. After an incubation period of approximately 1 week the perianal region can be the first site of emerging monkeypox lesions. The diagnosis is made by a polymerase chain reaction (PCR) test. There is a notification requirement to the German health authorities. Treatment is symptomatic, except for very severe cases. The course of the disease is generally mild. The responsible healthcare authorities stipulates a quarantine period of 21 days.

How to Move Forward with Country-by-Country Reporting? A Qualitative Content Analysis of the Stakeholders’ Comments in the OECD 2020 Review

Country-by-country reporting (CbCR) has become the global standard on corporate tax transparency within only 6 years after the release of the OECD BEPS reports in 2015. Recently, the European Union extended the scope of CbCR towards public disclosure of the reports. Despite the widespread adoption of CbCR, its strengths and limitations are still controversially discussed. This article investigates whether the current OECD approach is fit for purpose and which modifications would improve the consistency and effectiveness of the reports. The analysis builds on a qualitative assessment of stakeholder comments received by the OECD during a public consultation process which was part of the major 2020 review on CbCR. The authors critically review the proposed adjustments as well as current developments and derive recommendations for moving forward. The key recommendation is that the OECD should focus on technical adjustments such as a multi-year approach and harmonized notification requirements. However, major conceptual changes should be streamlined with the outcomes of the negotiations on a global minimum tax to reduce complexity and improve legal certainty for affected firms.

Cybersecurity of medical devices: new challenges arising from the AI Act and NIS2 Directive proposals.

Cyberattacks on the IT infrastructure of hospitals, electronic health records or medical devices that have taken place during the COVID-19 pandemic reaffirmed how crucial it is to ensure cybersecurity in the healthcare sector. Medical devices are regulated in the European Union (EU) through vertical product-specific legislation, such as the Medical Device Regulation (MDR), among others. The MDR foresees safety requirements implying cybersecurity obligations for medical device manufacturers. In 2021, the EU legislator put forward the Network and Information Security System Directive reform (NIS 2) and the Artificial Intelligence Act (AIA) proposal, containing additional cybersecurity requirements applicable to medical devices. This article analyses how the new reforms interact with the existing legislation from a cybersecurity perspective. The research finds that parallel provision of analogous cybersecurity requirements (especially on notification requirements) could lead to regulatory overlapping, fragmentation, and uneven levels of protection of individuals in the EU internal market. In the “Recommendations and conclusions”, the article provides policy recommendations to the EU legislator to help mitigate these risks.

Prior Notification Process Under Merger Regulation: A Comparative Perspective between Vietnam and Several Countries

A prior notification process significantly contributes to the ex-ante merger review. Being familiar with many legal systems, Vietnam has led to the compulsory notification process since the first version of competition law. The Vietnamese Competition Law 2018 still keeps this legal mechanism and also sets up the new notification requirements, which help the merger review process to be more effective. Therefore, other countries’ experience is helpful for the ongoing Vietnamese progress on merger regulation improvements. In particular, the article suggests that the stage of early consultation that has been popular in Japan and the EU can be lessons for Vietnam.
 
 
 

Emergence of non-choleragenic Vibrio infections in Australia

Vibrio infection was rarely reported in Tasmania prior to 2016, when a multistate outbreak of Vibrio parahaemolyticus associated with Tasmanian oysters was identified and 11 people reported ill. Since then, sporadic foodborne cases have been identified following consumption of commercially- and recreationally-harvested oysters. The increases in both foodborne and non-foodborne Vibrio infections in Tasmania are likely associated with increased sea water temperatures. As oyster production increases and climate change raises the sea surface temperature of our coastline, Tasmania expects to see more vibriosis cases. Vibriosis due to oyster consumption has been reported in other Australian states, but the variability in notification requirements between jurisdictions makes case and outbreak detection difficult and potentially hampers any public health response to prevent further illness.