Tal Ron, Drihem & Co. is an international law firm specializing in financial, entertainment, advertising technology, and gaming law. The firm was established in 2003 in Tel Aviv by Tal Itzhak Ron and has since become a leader in advising clients in affiliates, gaming, fintech, ecommerce, and cryptocurrency. The firm helps clients comply with regulations in multiple jurisdictions and provides legal services worldwide.
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Tal Ron, Drihem & Co. is a leading international law firm which has
been recommended by European Legal 500, International Financial
Law Review (IFLR), as well as Lawyer Monthly Capital Markets
Law Firm of the Year, BDI Code, and Dun & Bradstreet.
Tal Ron, Drihem & Co. is an award winning financial entertainment,
ad-tech, i-Gaming law firm since 2003. Advocate and Notary Tal
Itzhak Ron (LLB, B.Sc., M.Sc. Computer Science) established Tal Ron,
Drihem & Co. in Tel Aviv back in 2003, focusing from the start on
providing legal services for the Affiliates, i-Gaming, Fin-Tech, E-
commerce, Hi-Tech, Ad-Tech, and Cryptocurrency industries,
quickly becoming one of the first international firms practicing solely in
these areas. The firm today advises the world leading affiliates,
operators, game developers, and governing bodies worldwide, and
is considered the first point of contact for innovative ventures setting up
and optimizing their operations.
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• Financial Institutions;
• Businesses disbursing their own funds to their consumers or
small business customers;
• Licensed Money Transmitters;
• Organisations which are not required to register as a licensed
money transmitter but have provided a legal opinion which has
been reviewed and approved by Mastercard's legal counsel.
• Merchants dealing with:
• Contracts for Difference (CFD);
• Foreign exchange (Forex) currency options trading;
• Gaming;
• Cryptocurrency options trading & Initial Coin Offerings
(ICOs).
5. This means that today, all merchants involved in
Cryptocurrency options trading, Gaming and/or
Initial Coin Offerings (ICOs), can no longer submit
transactions via the MasterCard network without
being legally authorised to do so in the jurisdictions
where the cardholder resides.
In order to demonstrate such compliance, MasterCard
requires all merchants to register with the
MasterCard Registration Program (MRP) and
demonstrate compliance with the newly introduced
requirements. Failure to do so, will lead to possible
fines raised as a result of Business Risk Assessment
and Mitigation (BRAM) violations.
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1. Evidence that you are legally authorised to perform your
activities, including a copy of the Merchant's Regulatory
Licence (if applicable);
2. A reasoned legal opinion, addressed to the acquirer, from a
reputable law firm accepted by MasterCard and located in
each country where high-risk trading activity will occur or be
offered to cardholders.
3. A certification of effective controls from a qualified
independent third party demonstrating that the merchant’s
systems have set-up effective controls including: age and
location verification; and are reasonably designed to ensure
that the merchant’s high-risk securities business will remain
within legal limits.
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Becoming Compliant is KEY!
At Tal Ron Drihem & Co. Law Firm, due to our international presence
and partners, we can provide you with the appropriate services in
order for you to comply with MasterCard's new compliance
requirements:
• Legal opinions which will: identify all relevant trading laws and
other laws applicable to the merchant; identify all relevant trading
laws and other laws applicable to cardholders that may transact
with the merchant; and demonstrate that the merchant’s and
cardholders’ trading activities comply with any applicable laws.
• Appropriate AML and KYC Manuals which will describe the
effective controls in place at your firm.
• Regulatory and Company Structure advice to suit your needs.
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65,000 Data Breach
Notifications
in Europe.
$63 Million in Fines
by European
Regulators.
Over 440
Cross Border Cases.
Over 500,000
Registered
DPOs.
Increase in
Data Protection
Agreements (DPA).
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• Articles 13 & 14: Right to know how personal data is used.
• Article 15: Right to access personal data.
• Article 16: right to rectify incorrect personal data.
• Article 17: Right to be forgotten-data erasure when data is
no longer necessary & there is no legal obligation to keep it.
• Article 27: Need to appoint an EU Representative (local
liaison between data subjects and supervisory authorities). This
applies to Companies that do not have an office in the EU,
but provide their services within the EU.
• Article 37(1): Designation of a Data Protection Officer
(DPO) – case by case analysis.
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1. Remain Transparent and Process Data Lawfully;
2. Users need to Opt-In (this must be SEPARATE from your
Terms and Conditions), No more Opt-Outs, No Pre-Ticked
Boxes!
3. Change your Website’s Cookies Notices;
4. Update your T&C’s and Privacy Policy;
5. Make sure each EU User signs a Consent Form and service
providers sign a Data Processing Agreement (DPA);
6. Establish an EU Representative and DPO.
* We provide you with the legal set-up required by GDPR.
14. Article 4(11) of GDPR defines “Opt-In Consent”:
“any freely given, specific, informed and
unambiguous indication of his or her wishes by
which the data subject, either by a statement or
by a clear affirmative action, signifies
agreement to personal data relating to them
being processed;”
Recital 25 defines “Clear Affirmation”:
“…Silence, pre-ticked boxes or inactivity should
therefore not constitute consent.”
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• The customer must make a conscious choice,
• Do not provide default options, or pre-ticked boxes.
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GDPR COMPLIANT
- Separate T&C from Consent Request.
- Opt – In, no pre-ticked boxes.
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All Tick Boxes must
be left as Opt-In.
User needs to give a
Pro-Active Consent
and must have the
opportunity to adjust
settings.
18. ➢ Request for CONSENT must be prominent and SEPARATE
from your Terms and conditions!
➢ Ask people to positively OPT-IN.
➢ No pre-ticked boxes or any other type of default consent.
➢ Use clear, plain language that is EASY to understand.
➢ Specify WHY you need personal data , for WHAT and how
LONG.
➢ Name your Organisation and Third Parties you work with.
➢ Tell data subjects they can refuse to consent and withdraw their
consent.
➢ Apply age-verification + parental-consent measures for
children.
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• Obligations of all parties
• Ownership
• Termination rights
• Confidentiality
• Limitation/indemnification of liability
• Consideration/ payment terms
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• Deals with certain aspects pertaining to the
overarching subject of the contract.
• Designed to clearly define the privileges,
rights, and duties that all parties have under
the terms of the contract.
• Usually appear at the end of the documents.
• Can cover nearly every part of commercial and
business interests.
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Terminology you will come across in an
agreement:
• Confidentiality
• Force Majeure
• Termination Triggers
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• CURACAO; As far as on-line gambling is concerned, Curaçao offers one
License that covers all product operators or software providers. This
license covers skill games, chance games and sports betting.
• ESTONIA: one of the countries with the highest internet penetration
rates in the world, including: e-residency program, and Bitcoin ATM's.
• MALTA: Malta was the first EU member state to introduce Remote
Gambling regulations, and the first jurisdiction to adopt a regulatory
framework on DLT, Blockchain and Innovative Technology using a new
approach which evaluates the technology described in white papers of
operators interested in launching ICOs in Malta. June 2018, Malta
adopted 3 laws:
• The Malta Digital Innovation Authority Act;
• The Innovative Technology Arrangements and Services Act;
• The Virtual Financial Assets Act.
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Marshall Islands Vanuatu Estonia
Lithuania Malta Scotland
27. For any further questions feel free to contact us:
Advocate and Notary Tal Itzhak Ron
Direct Mobile: +972-52-2437484, Tal@rd-law.co.il
Tal Ron, Drihem & Co., Law Firm
Ha’Arbaa Towers (18th Floor)
28 Ha'arbaa Street
Tel Aviv, Israel
27Tal Ron, Drihem & Co. Law Firm