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Regulatory Updates

Newsletter – November 2020

Australia: Has increased individual tax slabs reducing the tax burden for individuals. 

Brazil: General Law on Protection of Personal Data (Lei Geral de Proteção de Dados Pessoais – LGPD) is now in effect.

Canada: There is a new quarterly compliance for additional T4 slip (Statement of Remuneration Paid) reporting requirements for all employers for 2020.

China: China’s Tax Authorities to Collect Social Insurance effective from November 1, 2020, instead of social security authorities.

India: Changes in Leave Travel Concession/Allowance (“LTC/LTA”) – There is a one-time tax effective scheme offering income tax exemption to employees spending money on consumer goods. 

India has consolidated its numerous labor laws into four labor codes and is adding several new and simplified clauses. 

Ireland:  Ireland has increased the unpaid parental leave effective September 1, 2020, from 22 weeks to 26 weeks per parent per child below the age of 12 years.

Italy: Italy requires all companies to report and maintain an ultimate beneficial ownership register from March 2021.

Japan: A new amendment to Japan’s data privacy law echos Europe’s GDPR. The changes will take effect in the last quarter of 2021 or at latest by the first half of 2022.

Netherlands: The general corporate tax rate to remain at 25%; Corporate tax for small companies to be reduced from 16.5% to 15%.

Switzerland: The Swiss parliament approves paid paternity leaves of 2 weeks with effect from January 1, 2021.

United Kingdom: Brexit: There is a new VAT treatment applicable to foreign taxable persons for sale of goods from January 1, 2021.

USA: New York, California, Massachusetts, New Jersey increases minimum wages and pass additional employee friendly regulations.

UAE: UAE amends company law allowing 100% foreign ownership in onshore companies, previously, 100% foreign ownership was allowed only for companies within a free trade zone.

UAE passes a Decree mandating equal pay for women in the Private Sector effective September 25, 2020.

CountryGDPR Fines
Czech RepublicCzech Data Protection Authority (“DPA”) fined a car dealer a fine of “EUR 250,000” for repeatedly sending unsolicited commercial communications
DenmarkThe Danish Data Protection Agency fined “Gladsaxe Municipality” and “Hørsholm Municipality” with “DKK 100,000” and “DKK 50,000”, respectively for personal data security breach resulting from the theft of computers containing non-encrypted personal data.
Germany“H&M” fined with “EUR 35.2 Million” under provisions of GDPR for excessive monitoring of employees
ItalyGarante fines a “private hospital” “EUR 80,000” for disclosing data of job applicants and also fines Scanshare with “EUR 60,000” for failing to handle data of those job applicants in line with GDPR
Garante fines polyclinic “Università Campus Bio-medico di Roma” “EUR 20,000” for disclosing medical online reports
PolandThe Polish data protection authority fined “Warsaw University” with “PLN 50,000” for lack of sufficient technical and organizational measures upon the theft of an employee’s portable computer
SpainThe Spanish data protection authority fined “Centro de Investigación y Estudio para la Obesidad” with “EUR 50,000” for unlawful data transfer




The Spanish data protection authority fined “GLP Instalaciones 86, SL” with “EUR 60,000” for processing the claimant’s name, last name, phone number, bank account details, and email without a valid legal basis.
The Spanish data protection authority fined “Vodafone España, S.A.U.” “EUR 30,000” for incorrect assignment of customer contracts and wrongful invoices to a customer
The Spanish data protection authority fined “Vodafone España” “EUR 36,000” for illegitimate data processing
The Spanish data protection authority fined “Iberia” “EUR 30,000” for failure to provide users with the option to reject all the cookies, for lack of brevity and transparency of information regarding cookies provided on the website, and non-identification of third party cookies.
The Spanish data protection authority fined “Centro de Investigación y Estudio para la Obesidad” with “EUR 50,000” for unlawful data transfer
United KingdomThe Information Commissioner’s Office (“ICO”) of UK has levied a fine of “GBP 130,000” to “Swansea company CPS Advisory Ltd” for making unauthorized marketing calls to people regarding their pensions.



The Information Commissioner’s Office (“ICO”) of the UK has levied a fine of “GBP 60,000” on “Digital Growth Experts Limited” for sending nuisance marketing texts during coronavirus pandemic.
The Information Commissioner’s Office (“ICO”) has levied a fine of “GBP 20 million” on “British Airways” due to its failure to protect personal and financial details of more than 400,000 customers. The fine resulted from the airline’s  insufficient technical and organizational measures to ensure information security required under EU’s GDPR.
The UK’s Information Commissioner’s Office (“ICO”) has issued a notice for levying a fine of “GBP 18.4 million” on “Marriott International Inc.” due to cyber incidents which resulted from a lack of adequate security measures and due diligence. The data breach incident has exposed guest records globally including records related to UK and European Economic Area (“EEA”) residents
The UK’s Information Commissioner’s Office (“ICO”) has fined “Reliance Advisory Limited” “GBP 250,000” for sending nuisance calls over a period of 6 months beginning in 2019. The fine was levied as the data subject’s consent has not been freely given, specific, or informed. It was regarded as violation of regulation 21A of the Privacy and Electronic Communications Regulations 2003 (‘PECR’) and under Section 55A of the Data Protection Act 1998.
The UK’s Information Commissioner’s Office (“ICO”) has issued an enforcement notice and a monetary penalty of “GBP 40,000” on “Studio MG Limited” for sending unlawful marketing emails to individuals without their permission.

Table of Contents

Australia

Employees can take double annual leave at half pay until March 29, 2021

Federal Budget 2020-21 – Highlights

Brazil

Brazil proposes a new indirect tax CBS (‘Contribuição Social sobre Operações com Bens e Serviços or ‘Social Contribution on Operations with Goods and Services’) to replace the social integration programme (“PIS”) and the social security financing (“COFINS”)

Brazil’s General Law on Protection of Personal Data (Lei Geral de Proteção de Dados Pessoais – LGPD) is now in effect

Canada

There are additional T4 slip (Statement of Remuneration Paid) reporting requirements for all employers for 2020

Federal and Quebec: Updated Social Security Rates and Maximum Insurable Earnings for 2021

Separate Express Consent is not required for Cross-Border Data Transfers

British Columbia (B.C.): A new requirement to maintain “Transparency Register” of Significant Individuals is effective beginning October 1, 2020

Ontario: There is an increase in the general minimum wage from CAD 14 per hour to CAD 14.25 per hour, effective from October 1, 2020

Canada Revenue Agency (CRA) increases taxable amount for overtime meal or allowance or meal portion of a travel allowance from CAD 17 to CAD 23 retroactively from January 1, 2020

China

China’s tax authorities to collect social Insurance instead of Social Security bureau w.e.f. November 1, 2020

Czech Republic

Czech Data Protection Authority (“DPA”) fined a car dealer a fine of EUR 250,000 for repeatedly sending unsolicited commercial communications

France

Good Practice guidelines containing the use of tracking technology issued by the French Data Protection Agency (“FDPA”) to be implemented by March 2021.

A social security financing bill for 2021 was published for discussion in parliament

Germany

New Data Privacy Guideline for Baden-Wuerttemberg (“DPA-BW”): Schrems II for Companies.

Ceiling limits of maximum annual income will be revised for social security contributions from 2021

H&M fined for EUR 35.2 Million under provisions of GDPR.

India

Companies (Amendment) Act, 2020: Decriminalization, reduction of fines and other related matters etc.

Indian Parliament has passed the 3 key labor reform bills – The Code on Social Security, 2020; The Industrial Relations Code, 2020 and The Occupational Safety, Health and Working Conditions Code, 2020

India extends B2B e-invoices to all businesses April 2021

Ministry of Corporate Affairs (“MCA”) relaxation for Company Directors regarding residency requirement in India for at least 182 days for FY 2020-21

India: Further extensions in due dates for furnishing Income Tax returns

Atmanirbhar Bharat Package 3.0: Incentives for creation of new employments during COVID recovery phase

India: Changes in Leave Travel Concession/Allowance (“LTC/LTA”) – A scheme to convert tax exempt travel expenditure into a tax-exempt consumer expenditure

Consolidated Foreign Direct Investment (“FDI”) Policy 2020: Key highlights

Ireland

Increase in unpaid parental leave w.e.f. September 01, 2020 from 22 weeks to 26 weeks.

Sick Leave and Parental Leave (COVID-19) Bill 2020 to provide paid sick leave to employees

Italy

The Italian data protection authority (‘Garante’) has levied fine on various companies in violation of GDPR

Italian businesses required to file beneficial ownership information by March 15, 2021

Japan

Amendments to Japan’s data privacy law in line with Europe’s GDPR; Changes to be effective latest by first half of 2022.

Netherlands

Dutch UBO declaration online form is now available at Dutch Chamber of Commerce (KVK) website w.e.f. September 27, 2020

The Netherlands budget 2021- General corporate tax rate to remain at 25%; Corporate tax for small companies to be reduced from 16.5% to 15%

The grace period for reporting requirements for employers w.r.t. employed foreign worker in the Netherlands ends w.e.f. September 1, 2020; Penalty range between EUR 1,500 and EUR 4,500 for each employee not reported

Singapore

New changes introduced to Work Injury Compensation Act (WICA) effective from September 1, 2020 29

Singapore increases minimum qualifying salary and advertising period for foreigners applying for E-pass/S-pass to promote employment opportunities for locals.

Proposed Changes to the Personal Data Protection Act 2012 (PDPA)

Singapore Personal Data Protection Commission imposed a fine of SGD 20,000 on Civil Service Club for failure to implement safety arrangements for protection of personal data of its members.

Spain

Spain passes Royal decree-law 28/2020 on remote work; Remote workers to have the same rights as workers working in company premises

The Spanish data protection authority fines various companies for violation of the General Data Protection Regulations

Sweden

The budget bill 2021: Tax reduction for earned income, temporary tax reduction for low income earners, and a reduction in taxes for people over age 65.

Switzerland

Switzerland to mandate statutory paternity leave of two weeks

Switzerland amends the employment Act; 11 hours of break to be granted to employees after return from international business trips w.e.f. November 1, 2020

United Kingdom

Brexit: New VAT treatment applicable to foreign taxable persons for sale of goods from January 01, 2021

UK Companies House allows temporarily suspended voluntary strike off action from September 10, 2020

Business who opted to defer VAT between March to June 2020 will have the option of repaying it over 11 months

Data Protection fines for various offenses

United States of America

Federal

Employer credits for businesses during COVID-19

Deferral from payment of employer’s shares of Federal Insurance Contributions Act (FICA) taxes under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)

California

California Employers (with 100 or more employees) to report ‘Pay Data’ by race, ethnicity, and Sex

New California Family Rights Act (CFRA) expands Employee Rights and Employer Responsibilities

Additional Information to be disclosed in Corporations’ Statement of Information

Increase in hourly Minimum-Wages in the state for the year 2021.

Google faces USD 5 billion lawsuit filed in District Court of California, U.S.A for invading the privacy of users by extensively tracking their internet use through browsers set in “private” mode.

Massachusetts

Increase in hourly minimum wages for the year 2021 in the Massachusetts state

New Jersey

Increase in hourly Minimum Wage from USD 11 to USD 12 effective from January 1, 2021

New Jersey Governor Signs Bill that Incorporates a 2.5% Corporate Surtax Through 2023

New York

Amendments to Earned Safe and Sick Time Act (ESSTA) to be effective from September 30, 2020.

Juneteenth (June 19), will be an Official Public Holiday in New York State from 2021

Increase in hourly Minimum Wage in New York State for the year 2021.

Global Updates

Argentina

Live reporting of withholding VAT and issue of certified certificates through the government’s SIRE system extended to December 1, 2020 from September 1, 2020

Minimum and Maximum Basis for Employee Social Security Contributions for September 2020 – December 2020 are ARS 6,105.79 (previously ARS 5,679.8) and ARS 198,435.52 (previously ARS 184,591) respectively

Deadline for Beneficial Ownership reporting extended to December 14 – 16, 2020 from earlier October 28-30, 2020

Colombia

Data Protection fines for various offenses

Denmark

The Danish Data Protection Agency fined “Gladsaxe Municipality” and “Hørsholm Municipality” with DKK 100,000 and DKK 50,000, respectively for personal data security breach upon the theft of computers containing non-encrypted personal data.

UAE

UAE- Decree mandating equal pay for women in the Private Sector effective September 25

Dubai New DIFC Data Protection Law in Force – What You Need to Know

Significant Developments for UAE

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