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ANGLO-SUISSE CAPITAL'S GDPR COMMITMENT

 

On May 25th, 2018, the European Union’s (EU) new data protection framework, the General Data Protection Regulation (GDPR), will come into effect. It is the most significant piece of data protection legislation to date and will impact any organization that processes personal data in connection with goods/services offered to an EU resident, or monitors the behavior of persons within the EU. The GDPR strengthens individuals’ privacy rights through tighter limits processing of their personal data, significantly expanding their rights over their data, and providing increased transparency into the nature, purpose, and use of it.

 

DATA PROTECTION AND GDPR COMPLIANCE

As an enthusiastic advocate of the power and customer-centricity of the engagement economy, Anglo-Suisse Capital understands the importance of putting privacy and data protection in the hands of the data subject. As with other data protection laws, GDPR compliance requires commitment from both Anglo-Suisse Capital and our customers. Anglo-Suisse Capital has been in compliance with the GDPR since May 25th, 2018 and Anglo-Suisse Capital’s services already include the functionality necessary for our customers to comply with the GDPR’s consent requirement. We have carefully examined the relevant provisions of the GDPR and we are closely tracking applicable GDPR guidance issued by regulatory authorities. These steps are helping us to develop tools for our customers relevant to GDPR-compliant use of Anglo-Suisse Capital’s services.

 

GDPR OVERVIEW

As a regulation instead of a directive, the GDPR becomes enforceable as law in all EU member states simultaneously on this date and replaces the separate member state implementations of data protection law, streamlining compliance by providing a single set of principles to follow.

The scope of this new regulation encompasses all organisations that process the personal data of EU residents or monitor individuals’ behaviours conducted within the EU, regardless of the entity’s location. The terms processing and personal data are defined broadly: processing involves “any operation or set of operations which is performed on personal data” and personal data means “any information relating to an identified or identifiable natural person (‘data subject’).” The GDPR outlines different requirements for Controllers (entities who determine the purposes and means of the processing of personal data) and Processors (entities who process personal data as directed by a Controller).

 

Key GDPR Compliance Requirements

The GDPR has changed the way organisations collect data, as well as how they obtain, document, and manage the legal basis for processing. Below is an overview of some of the key GDPR requirements.

Data Protection by Design and Default

Controllers and Processors must incorporate data protection into new products and services that involve processing of personal data (Design) and consider data protection issues in all business decisions (Default).

Lawfulness of Processing

Processing must be based on consent, performance of a contract, legal obligation, protection of vital interests, tasks carried out in the public interest, or legitimate interest balanced against the fundamental rights of data subjects.

Conditions for Consent

Requests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action.

Security of Processing

Controllers and Processors shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

Data Subject Rights & Information

Controllers shall provide the information outlined in Articles 13 & 14 to Data Subjects and Data Subjects may access, correct, delete, restrict processing of, and transfer their personal data, as well as object to automated decision-making based on their personal data.

Data Inventory

Controllers and Processors must create centralised repositories containing records of processing activities carried out on personal data.

Data Protection Impact Assessments

Where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons, prior to processing Controllers must carry out assessments of the impact of the envisaged processing operations on the protection of personal data.

Data Protection Officer

Controllers and Processors whose core activities consist of processing operations which require regular and systematic monitoring of data subjects on a large scale or large scale processing of special categories of data must appoint a Data Protection Officer.

Controller-Processor Relationships

Controller and Processor relationships must be governed by binding contracts that set the terms of the processing to be performed and provide Controllers the right to object to Sub-Processors engaged by the Processors.

Data Breach Reporting

In the event of a breach involving personal data, the Controller shall, where feasible, notify the relevant Supervisory Authority within 72 hours after becoming aware of it and, if there is a likely high risk to the rights and freedoms of natural persons, the affected data subjects without undue delay.

 

Consent Under the GDPR

Anglo-Suisse Capital marketing activities will merit using consent as the legal basis for processing personal data. 

GDPR defines consent as:

“Any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.” -Art. 4(11)

GDPR Article 7, Conditions for Consent, requires that requests for consent be clearly distinguishable from other matters using clear and plain language, that the data subject has the right to withdraw consent at any time, and that consent is not freely given if the performance of a contract (including the provisioning of a service) is conditional on consent to processing personal data not necessary for the performance of said contract. Articles 13 and 14 outline the information to be provided to data subjects at the time of data collection.

 

Accountability Under the GDPR

One of the most significant requirements under the GDPR is the accountability principle. GDPR Article 24 requires Controllers to “implement appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance” with the GDPR.

Anglo-Suisse Capital offers a number of features and functions that demonstrate compliance with the GDPR principles, such as:

  • Role Based Permissions
  • Audit Trail
  • Encryption at Rest
  • Data Management


Helpful GDPR Resources

Below are links to some GDPR resources which we will continue to update as relevant regulatory authorities issue additional guidelines.

https://ico.org.uk/media/about-the-ico/consultations/2013551/draft-gdpr-consent-guidance-for-consultation-201703.pdf

http://www.eugdpr.org/gdpr-faqs.html

http://ec.europa.eu/justice/policies/privacy/docs/wpdocs/2011/wp187_en.pdf

While the content on this page is designed to help organisations understand the GDPR in connection with Anglo-Suisse Capital’s services, the information contained herein may not be construed as legal advice and organisations should consult with their own legal counsel with respect to interpreting their unique obligations under the GDPR and the use of a company’s products and services to process personal data.

NEWS

Another victory for Stelios and the easy family of brands against brand theft!

A further victory for brand protection was delivered in the High Court in London on the 22nd July after Sir Stelios Haji-Ioannou’s easyGroup was granted an injunction preventing a French Caribbean travel agent, Stephane Roche from using the “easyway” brand to promote his tourist services to customers in the UK.

 

The defendant, Stephane Roche will also have to pay legal costs to easyGroup of around £75k plus damages (based on a share of his profits and or his revenues for the last seven years) for using the easy brand without easyGroup’s permission.  The quantum of the damages will be assessed later in the legal process.  However, the court ordered that his website be subject to “geo-blocking” so it is not visible in the UK and he is also prohibited from offering his services to UK travel agents, customers with a .co.uk email address or any other customers that make it clear at any point during the transaction that they are located within the UK. 

 

To read more please visit: https://easy.com/another-victory-for-stelios-and-the-easy-family-of-brands-against-brand-theft/

 

In his final judgement, Recorder Douglas Campbell QC found that the easy family of brands (see www.easy.com and www.easyHistory.info) sufficiently pre-dated Stephane Roche’s use of “easyway”.  This brand theft travel agency started in 2007 from the French Caribbean island of Saint Barthelemy and was therefore found to be infringing easyGroup’s IP rights when targeting customers in the UK.

 

In particular, the Judge confirmed that "the fact that the services are actually offered abroad is not a defence to infringement at all, provided that the offer for services is made in the UK".

 

The case was the first significant IP judgement of a UK court post- Brexit for easyGroup hence the blocking effects were limited to the UK and not the EU.  easyGroup has commenced separate actions in the France (to cover EU jurisdiction) and in Puerto Rico for the USA in order to stop the brand thief completely.

 

The Judge refused Mr Roche's request for permission to appeal the decision and so Mr Roche will now need to seek leave from the Court of Appeal itself.

 

Sir Stelios, creator and owner of the easy family of brands said: 


“This judgement in effect recognizes that our easy family of brands has a monopoly of the word easy when followed by another word and used to sell travel and transport services in the UK, regardless of how far away the actual brand thief is based.  

 

“The legitimate members of the easy family of brands (which include easyJet, easyHotel, easyMoney and easyStorage) are paying good money to use the easy brand under licence so it is simply unacceptable for others to use it without permission and without paying a royalty.”

Stelios welcomes easyCleaning to the easy family of brands!

easyGroup, the creator and owner of the easy family of brands (www.easy.com ) has today announced another important extension of the brand into household cleaning products.

By joining forces with David Pearce and Darren Mosley of www.easy-cleaning.co.uk, Sir Stelios Haji-Ioannou’s well known orange easy logo will be applied on millions and millions of products now sold at supermarkets and convenience shops up and down the UK, typically at significantly lower prices than the high cost brands.

Read more ...

easyProperty is raising capital using crowdfunding site Seedrs

easyProperty, the UK hybrid estate agency combining an online presence with the advantage of local experts providing the necessary local touch, is raising capital on Seedrs, the UK’s leading crowdfunding platform.  Founded in 2012, Seedrs is one of the UK’s leading equity crowdfunding platforms, which has funded 1,235 deals raising a total of £1 billion.

The easyProperty business was acquired by Evolve Partnership Limited backed by easyGroup founder Sir Stelios Haji-Ioannou.  It relaunched under its new ownership last year and is now seeking capital to expand its network from 54 local easyProperty partners, extending its geographic territory to cover much of the UK.  With the iconic trustworthy easy brand, focus on customer service and value for money, easyProperty is set to be a major player in online estate agency.

Read more ...

What is DeFi yield generation and how does it earn over 30% p.a.? [Protos webinar]

 STAY INFORMED - Wednesday 2nd December 2020 - "Risk-adjusted DeFi yield generation"

In these days of negative interest rates are you ready for Decentralised Finance ('DeFi')?

Learn how to earn 30% p.a. with DeFi yield generation and avoid volatility risk.

Join DeFi yield generation industry experts, Dr. Philipp Kallerhoff and Tom Kineshanko, in their upcoming webinar:

Read more ...

COINDESK - Alyssa Hertig - What is DeFi?

 

COINDESK - 18 September 2020: "What is DeFi?"

With the explosive growth of yield farming over the past few months DeFi is now proving to be a major milestone in financial history.  However, with the pace of these developments, we know it's difficult to stay current. Alyssa Hertig has published a DeFi primer on Coindesk titled "What is Defi?"

Read more ...

CBRE forecast total U.S. multifamily demand will rise by two million units over the next decade.

CBRE Econometric Advisors’ latest long-term outlook for U.S. multifamily rental housing indicates the net gain in occupied units—from 15.4 million in Q2 2020 to 17.4 million in Q2 2030—represents an 11.6% demand increase in the 66 metro markets.

The new demand will bolster multifamily’s dynamic investment environment and create new opportunities for buyers of all types. It will create significant opportunities for developers. Steady increases in demand over the decade will generate revenue for large-to-small multifamily property owners across America.

The outlook assumes tepid market demand into early 2021; a year of recovering demand following that, and steady gains thereafter. The favorable long-term outlook should help owners and operators to weather the current storm, knowing that the sector’s COVID-19 challenges will be relatively short term and more promising conditions should be sustained after that.

Read more here: https://www.cbre.com/investor-hub/

US real estate primed for European property investors

US property was already an attractive opportunity fro European investors, from a performance standpoint, and now it's getting better.  From today's Reuters article:

BENGALURU (Reuters) - 6 Aug 2020 - The dollar’s supremacy of well over two years has turned sharply and the current downward trend will continue into next year on expectations the U.S. economic recovery is flagging, especially compared to Europe, buttressing the euro, a Reuters poll showed.

A surge in coronavirus cases across several U.S. states and some data pointing to an economic recovery losing steam pushed the dollar index .DXY down 4.1% in July, its biggest monthly percentage fall in a decade.

That was reflected in the latest positioning data, which showed speculators increased their bets against the dollar to the highest in nine years and at the same time raised their bets in favor of the euro to the highest on record. 

Read more here:  https://www.reuters.com/article/uk-forex-poll-dollar/u-s-dollar-headed-lower-in-retreat-against-the-euro-reuters-poll-idUSKCN25200W

Bitcoin Capital's actively managed crypto ETP is now live on the SIX Swiss exchange

Congratulations to Ali, Mattia, Marcel, Olga, Duncan and the rest of the team for launching the new Bitcoin Capital cryptocurrency exchange-traded product, or ETP on the Swiss SIX Exchange, one of the world’s largest stock exchanges,

Watch the opening ceremony at the Swiss SIX exchange where Ali Mizani Oskui and Dr. Mattia Rattaggi ring the opening bell

Read more ...

FiCAS Pioneers the World’s First Actively Managed Cryptocurrency Exchange Traded Product (ETP)

 

  •   Bitcoin Capital Active ETP (BTCA) can now be bought by retail and institutional investors through your bank or broker as easily as buying shares
  •   FiCAS pioneers a discretionary portfolio management of cryptocurrencies, using enhanced risk management, proprietary quantitative models, technical analysis and fundamental research
  •   FiCAS offers access to a unique trading strategy, which outperformed Bitcoin by over 100% during 2015-18 and returned more than 90x in USD-equivalent 

 

Zug/Switzerland, 28 July 2020 – FiCAS AG, a Swiss-based crypto investment management boutique, has successfully registered the Bitcoin Capital Active ETP (BTCA; ISIN CH0548689600) — the world’s first actively managed crypto exchange-traded product, listed at SIX. The discretionary ETP, issued by Bitcoin Capital AG, will be managed by FiCAS AG, which trades the top 15 cryptocurrencies and aims to deliver enhanced returns for clients.  The Bitcoin Capital Active ETP is issued at CHF 100.

FiCAS has received full regulatory approvals in Switzerland for the listing of the Bitcoin Capital Active ETP, which provides the green light for retail and institutional investors to tap the burgeoning asset class in a simple and secure way.

Read more ...

VoiceBase and ThoughtSpot Partner to Offer the Enterprise Searchable and AI-Driven Voice Analytics

Advanced Voice Analytics Platform Equips Frontline Workers for Success by Joining Forces with an Analytics Platform to Create Instant Insights for All.

San Francisco, CA, July 21, 2020 (GLOBE NEWSWIRE) -- VoiceBase, the leading AI-Powered Voice Analytics company, today announced a strategic partnership with ThoughtSpot, the leading Search & AI-Driven Analytics platform, to revolutionize how enterprises gain faster insights from their voice data through innovative search capabilities.

Voice Analytics has been empowering frontline workers in contact centers and organizations for years, but 86% of businesses report that they need better technology-enabled insights to really gain value from their data. The value of these analytics can be transformational for enterprises. In fact, “By 2025, AI for video, audio, vibration, text, emotion and other content analytics will trigger major innovations and transformations in 75% of Fortune 500 global enterprises” according to Gartner’s Top 10 Trends in Data and Analytics, 2020 report.

Read more ...