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The Journal May 2018

Pragma Journal - May 2018
A New Regulatory Framework on Personal Data Protection Comes on the Scene with New Obligations for Companies

Carlos Fábrega

Regulation (EU) 2016/679 of the European Parliament and the European Council, of April 27, 2016, on Processing of Personal Data (hereinafter, "European Regulation") which came into force on May 25, 2016 will be mandatory from next May 25, 2018.    

In Spain, the Congress of Deputies is processing a new Organic Law on Protection of Personal Data which is expected to be approved and come into force before May 25, 2018, and will repeal the current Spanish Organic Law 15/1999, of December 13 on Protection of Personal Data.

Navigating Rising Waters: The Public Waterfront Ac

Matthew Kiefer

The Commonwealth of Massachusetts prides itself on being “first in the nation” for many milestones: the first public park (Boston Common), the first college (Harvard) and the first to legalize same-sex marriage.

A lesser known “first” was the Commonwealth’s formal recognition of the public trust doctrine, a legal concept dating at least to Justinian. The doctrine, first codified by the Colonial Ordinances of the 1640s, obligates the Commonwealth as trustee to ensure that land subject to tidal action is used for public benefit.

The Impact of Brexit on Family Law

David Hodgson

In a world which has seen an increase in family unions between different European nationals, family law has developed to provide a harmonised system across the EU.

Our jurisdiction of England and Wales has always made and applied its own law in respect of family law but there are different EU instruments which concern family law. These instruments deal with things such as jurisdictional conflict in issues about divorce and parental responsibility, maintenance obligations, enforcement, child abduction and service of proceedings.

When Must a Foreign Company Necessarily Establish a Work Contract in French, Even for a Foreign Employee

Eric Pouliquen

The duty to establish a work contract in French is very often ignored by foreign companies. Nevertheless, it may have potential negative consequences.

In effect, since a Law enacted in August 4th 1994, so called “Loi Toubon”, any job offers, work contract, agreement, company’s internal rules, and more generally any document necessary to an employee to perform his job, must be written in French, when said documents have been established in France, and even if the employee is not French and does not perform his job in France.

Media Surveillance by Communications Regulatory Agency

Tijana Milacic

At the time of the pre-election campaign, political parties’ goals and programs are being broadcast in the media even during a movie on TV. Thus, it is time to recall the rules that the media should respect when broadcasting such contents.

Code of the Communications Regulatory Agency, adopted on 17.12.2015, in a concise manner regulates the rules of broadcasting of different contents, where audio-visual and radio programs should not tangentially promote the interests of political parties or any related group or individual.