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Reference Legal

llaxton edited this page Sep 15, 2022 · 2 revisions

General Reference List of Laws/Statutes/Regulations Impacting Online Service Providers Grid Owners/Content Creators/Grid Users by Country/Union

Note: Agreement to Terms of Service typically includes legal jurisdiction. If absent from the terms or if terms do not exist, legal ambiguities may exist that place an online service provider at risk. This general reference list is not legal advice nor is it a substitute for legal consultations regarding terms of service, changes in laws/statutes/regulations, or any liabilities associated with compliance. If you need legal assistance, consult a lawyer. Hyperlinks are not provided since these are subject to change outside the scope of this project.

Intellectual Property:

AU - Copyright Act
CA - Copyright Act
EU - Copyright Directive
UK - Copyright, Designs, and Patent Act
US - Copyright Act
US - Digital Millennium Copyright Act (DMCA)
US - Online Copyright Infringement Liability Limitation Act (OCILLA)
US - Contributory Copyright Infringement Civil Torts (Case law precedents)

Note: In EU countries, copyright protects your intellectual property until 70 years after your death or 70 years after the death of the last surviving author in the case of a work of joint authorship. Outside of the EU, in any country which signed the Berne Convention for the Protection of Literary and Artistic Works, the duration of copyright protection can vary but it lasts until at least 50 years after the author's death.

Data Privacy:

AU - The Privacy Act
CA - Consumer Privacy Protection Act (CPPA)
EU - General Data Protection Regulation (GDPR)
UK - Data Protection Act (DPA)
US - American Data Privacy and Protection Act (ADPPA pending)
US/California - California Consumer Privacy Act (CCPA)
US/Virginia - Consumer Data Protection Act (CDPA)

Note: Federal law in the US supercedes state laws so there may be an impact to California and Virginia residents once the ADPPA is passed.

User Protections:

AU - Cybercrime Act
CA - Personal Information Protection and Electronic Documents Act (PIPEDA)
EU - Digital Services Act
UK - Computer Misuse Act
US - Computer Fraud and Abuse Act
US - Health Insurance Portability and Accountability Act (HIPAA)
US - Family Education Rights & Privacy Act (FERPA)

Virtual Currency Money Transmission:

AU - Anti-Money Laundering and Counter-Terrorism Financing Act (AML/CTF Act)
CA - Proceeds of the Crime (money laundering) and Terrorist Financing Act (PCMLTFA)
EU - AML Directive (AMLD) and Directive (EU) 2015/2366
UK - Sanctions and Anti-Money Laundering Act
US - Anti-Money Laundering Act (AML Act)

AML Enforcement/Money Service Business (MSB) Registration:

AU - AUSTRAC
CA - FINTRAC
EU - EBA
UK - FCA
US - FinCEN

Note: EU/UK Member states, US/AU states, CA provinces and/or territories etc may also have additional registration/compliance requirements.

Virtual Currency Tax Agencies:

AU - Australian Tax Office
CA - Canada Revenue Agency
EU - Taxation and Customs Union
UK - HM Revenue & Customs
US - Internal Revenue Service
US - Virtual Currency Tax Fairness Act (VCTFA pending)

Note: Current threshold in the US for reporting virtual currency transactions buy/sell/dispose is $600 USD value annually including states with income taxes. These are treated as capital gains/losses by the IRS and equivalent state agencies in the US. VCTFA pending law attempts to close loopholes facilitating tax evasion and money laundering. Federal law in the US supercedes state laws so there may be an impact to state residents once the VCTFA is passed. Reporting thresholds for tax purposes in other countries/states/provinces treating virtual currency income in a similar manner varies.