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Fintech and Cybersecurity: Legal Frameworks and Emerging Regulatory Trends in Malaysia

The efficiency and accessibility of new and evolving technology has transformed our management of finances and data. This transformation has brought with it new challenges, particularly in regulating the fast-growing sectors of Fintech and Cybersecurity. Strong legal frameworks are imperative to ensure the safety of financial and personal information while cultivating innovation. Financial technology (“Fintech”) merges cutting-edge technology with financial services to drive innovation and accessibility. By leveraging solutions like mobile banking, digital wallets, crowdfunding, and cryptocurrencies, Fintech continues to challenge traditional financial systems, offering transformative ways for individuals and businesses to engage with financial services. Cybersecurity encompasses the practices, technologies, and policies designed to safeguard systems, data, and financial assets against threats such as malware, phishing scams, and data breaches. It plays a critical role in ensuring the resilience and integrity of Fintech platforms and the broader digital ecosystem. This article outlines the existing framework and legislation in Malaysia, along with anticipated changes that could potentially arise in the future, for both Fintech and Cybersecurity. Read more: https://lnkd.in/g_TzsbQ3

WHY SOLICITORS REMAIN VITAL IN THE DIGITAL LPAs PROCESS

In today’s digital age, the convenience of online processes is undeniable. However, when it comes to creating Lasting Powers of Attorney (LPAs), the expertise of solicitors remains crucial. While digital LPAs offer speed, they may lack the personalised advice essential for such significant decisions. Solicitors ensure that LPAs are tailored to individual needs, provide guidance on complex legal matters, and help prevent potential disputes. Don’t compromise on such important decisions; consult with a solicitor to ensure your wishes are accurately represented. Read more in our latest blog post: https://lnkd.in/ebKFymFN

Legal Insights: AI-Generated Content in the Digital Age

Throughout the course of human history, mankind has always used tools. From the sticks and stones fashioned by our early human ancestors to the cutting-edge technology available to us today, we are no strangers to wielding tools. Unfortunately, it appears that we have evolved from wielding tools to relying wholly on technology, to the point where there are instances where we have done away with human ingenuity and creativity. This is especially so with the use of generative artificial intelligence (“AI”) these days. In a world where time is money and companies are cutting costs, reducing headcount and using AI to generate content does appear to be an attractive cost-saving measure. However, such usage of AI must be carefully considered. There is an increasing need to ensure that the use of AI in any commercial activity is carefully monitored. Many content creators take it for granted that copyright arises automatically when a work that qualifies for protection is created. But is that assumption accurate? Read more: https://lnkd.in/gtmkJQkZ

Trademark Talk – What is a Trade Dress?

Partner, Olivera Medenica answers your burning trademark questions in her Trademark Talk series. She tackles the topic of trade dress – what is it, why is it important, and how can it add value to your brand? https://lnkd.in/gdU5pNPq

Enforceability of smart contracts in Malaysia

Around the world, companies such as Walmart require food suppliers to use blockchain and smart contracts to ensure food safety, and other companies such as Nestlé and Unilever are doing the same. Smart contracts are also being experimented with by insurance companies to process claims’ pay-outs in a more efficient manner. In the burgeoning space of fintech and digital assets, and in view of the recent boom in smart contract-based transactions featuring Non-Fungible Tokens, it is not uncommon to wonder as to whether ‘smart contracts’ are in fact legally enforceable as traditional contracts. This article seeks to outline the nature of smart contracts and the general viewpoint on whether they are enforceable, from the perspective of Malaysian contract and electronic commerce laws. https://lnkd.in/gid9KeSd

Share purchase agreement

This is the second of a three-part series on joint ventures, shareholder rights, and acquisitions. This instalment is a brief commentary on selected legal aspects on the Share Purchase Agreement or SPA – https://lnkd.in/gynuxdEE

Data integrity

In today’s digital economy, the significance of managing personal data with precision and integrity cannot be overstated. The repercussions of erroneous data disclosure can extend far beyond mere administrative oversights, potentially risking serious harm to data subjects’ livelihoods. For instance, inaccuracies in data shared by credit reporting agencies with financial institutions could dramatically alter a data subject’s financial trajectory. Read more: https://lnkd.in/eSTZ-Ure

Trademark talk

Dunnington, Bartholow & Miller LLP Trademark Practice Group chair Olivera Medenica CIPP/US, CIPMaddresses the basics in part five of her Trademark Talk series: https://lnkd.in/g_B34PGS  Many thanks

International business: which law applies?

In previous blogs, we explained what you can do when a collaboration breaks down and what the options are to continue or stop with the party in question. But how does that work in cross-border collaborations? How do you know which rules apply to you and still have the same options? Our colleague Martijn van de Zand explains. https://kennis.bierman.nl/blog/internationaal-ondernemen-welk-recht-is-van-toepassing

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