260 Matching Annotations
  1. Jun 2020
  2. May 2020
    1. Disclaimer: Termly LLC is not a lawyer or a law firm and does not engage in the practice of law or provide legal advice or legal representation. All information, software, services, and comments provided on the site are for informational and self-help purposes only and are not intended to be a substitute for professional legal advice.
    1. Though GDPR is primarily a legal challenge, a technological response was also necessary to meet the transparency and control requirements that arise as a result of GDPR implementation.
    1. Sure, anti-spam measures such as a CAPTCHA would certainly fall under "legitimate interests". But would targeting cookies? The gotcha with reCAPTCHA is that this legitimate-interest, quite-necessary-in-today's-world feature is inextricably bundled with unwanted and unrelated Google targeting (cookiepedia.co.uk/cookies/NID) cookies (_ga, _gid for v2; NID for v3).
    1. When evaluating whether or not a legal basis can apply, please be sure to go through them with your lawyer as determining the correct legal basis is very important and can be difficult.
    2. It’s worth saying though that while the law may give you up to 30 days to honor these requests, most subscribers won’t. It is therefore prudent to honor opt-out requests promptly or risk being marked as spam and compromising the total legitimacy of your associated address.
    1. as IT staff - who craft and maintain those screens - we lack concrete requirements as to what actually needs to be changed or added at our existing user "touch points" to achieve and demonstrate compliance.
    1. Where a processing activity is necessary for the performance of a contract.

      Would a terms of service agreement be considered a contract in this case? So can you just make your terms of service basically include consent or implied consent?

    2. “Is consent really the most appropriate legal basis for this processing activity?” It should be taken into account that consent may not be the best choice in the following situations:
    1. Though not always legally required, terms & conditions (also called ToS – terms of service, terms of use, or EULA – end user license agreement) are pragmatically required
    2. It’s useful to remember that under GDPR regulations consent is not the ONLY reason that an organization can process user data; it is only one of the “Lawful Bases”, therefore companies can apply other lawful (within the scope of GDPR) bases for data processing activity. However, there will always be data processing activities where consent is the only or best option.
    3. Under EU law (specifically the GDPR) you must keep and maintain “full and extensive” up-to-date records of your business processing activities, both internal and external, where the processing is carried out on personal data.
    4. However, even if your processing activities somehow fall outside of these situations, your information duties to users make it necessary for you to keep basic records relating to which data you collect, its purpose, all parties involved in its processing and the data retention period — this is mandatory for everyone.
    1. If you’re a controller based outside of the EU, you’re transferring personal data outside of the EU each time you collect data of users based within the EU. Please make sure you do so according to one of the legal bases for transfer.

      Here they equate collection of personal data with transfer of personal data. But this is not very intuitive: I usually think of collection of data and transfer of data as rather different activities. It would be if we collected the data on a server in EU and then transferred all that data (via some internal process) to a server in US.

      But I guess when you collect the data over the Internet from a user in a different country, the data is technically being transferred directly to your server in the US. But who is doing the transfer? I would argue that it is not me who is transferring it; it is the user who transmitted/sent the data to my app. I'm collecting it from them, but not transferring it. Collecting seems like more of a passive activity, while transfer seems like a more active activity (maybe not if it's all automated).

      So if these terms are equivalent, then they should replace all instances of "transfer" with "collect". That would make it much clearer and harder to mistakenly assume this doesn't apply to oneself. Or if there is a nuanced difference between the two activities, then the differences should be explained, such as examples of when collection may occur without transfer occurring.

    2. If you profile your users, you have to tell them. Therefore, you must pick the relevant clause from the privacy policy generator.
    3. In case you’re implementing any ADM process, you have to tell your users.
    1. Firstly, it’s critical to note that even where this exception to the consent requirement applies, you’ll still need to inform the user of your use of cookies via a cookie policy
    1. Is an Impressum legally required? The Impressum is legally required on all commercial websites published in German-speaking countries (Germany, Austria, and Switzerland), whether the website is published via a .de top-level domain or not. The point can be made that if you simply have a personal blog without ads and make no money from it, then the Impressum is not required.
  3. Apr 2020
    1. Legal Forms Library Virginia Legal Forms Welcome to the Virginia Legal Forms Library There are several ways to use this resource. Explore using the buttons below or search by Legal Form category or title in the search area above.
    1. U.K. Information Commissioner Elizabeth Denham clearly states that consent is not the "silver bullet" for GDPR compliance. In many instances, consent will not be the most appropriate ground — for example, when the processing is based on a legal obligation or when the organization has a legitimate interest in processing personal data.
    2. data processing limited to purposes deemed reasonable and appropriate such as commercial interests, individual interests or societal benefits with minimal privacy impact could be exempt from formal consent. The individual will always retain the right to object to the processing of any personal data at any time, subject to legal or contractual restrictions.
    3. organizations may require consent from individuals where the processing of personal data is likely to result in a risk or high risk to the rights and freedoms of individuals or in the case of automated individual decision-making and profiling. Formal consent could as well be justified where the processing requires sharing of personal data with third parties, international data transfers, or where the organization processes special categories of personal data or personal data from minors.
    4. First, organizations must identify the lawful basis for processing prior to the collection of personal data. Under the GDPR, consent is one basis for processing; there are other alternatives. They may be more appropriate options.
    1. The service offered by iubenda helps the User by providing tools that facilitate compliance with certain legal requirements. In particular, iubenda offers the User the possibility to autonomously create their own legal documents from the provided Templates.
    2. The activity carried out by iubenda does not constitute legal advice in any way and no attorney-client relationship shall be established.
    1. Any explanatory texts provided in correspondence of the available services by no means substitute a legal opinion nor replace the assistance or advice of a professional. Such texts are merely intended to facilitate use and understanding of the Service, and are not exhaustive nor may they fit any specific case.
    1. dentro de los sesenta (60) días hábiles siguientes a su publicación

      ¿Si son obras digitales pensadas para estar disponibles en un lugar fijo en un plazo menor de tiempo?

    2. Parágrafo 9

      Implica la responsabilidad por parte de la BNC de identificar dominios registrados en Colombia.

    3. Parágrafo 8.

      Esto implica una obligación desde la biblioteca por garantizar ambientes de reproducción, acceso, etc.

    4. establecido para tal fin, los metadatos requeridos para su preservación

      Mencionar el mecanismo y el estándar de metadatos requerido para la entrega a la BNC. Es recomendable ligar este parágrafo a una normalización para facilitar las labores de identificación, organización y preservación de las obras entregadas.

    5. ni metadatos de autor, datos de contacto

      Referirse a términos como "Metadatos descriptivos y de identificación" u otros que la BNC no esté en capacidad de rastrear, aún cuando la BNC requiera unos datos mínimos como el de autor, contacto y fecha.

    6. el editor o productor, según requerimiento, facilitará una copia digital íntegra y legible sin restricciones de acceso, suspenderá de manera temporal las medidas tecnológicas que impidan la reproducción de la obra según los fines anteriormente señalados, o, proporcionará su transferencia a través de redes de comunicación o en otro soporte, según sea el caso, a fin de que la biblioteca pueda cumplir con su obligación de salvaguardar el patrimonio bibliográfico y documental digital colombiano

      Desglosar con claridad los tipos de recursos o medios que tiene la BNC para acceder a una copia de preservación de los recursos. Es texto podría entenderse a que el editor está sujeto a esas posibilidades al tiempo, cuando puede que solo le aplique una de ellas.

    7. material complementario

      ¿Cómo se define materiales complementarios para obras que recurren a múltiples recursos, como los transmedia?

    8. soporte no tangible, se entregará un (1) ejemplar a la Biblioteca Nacional de Colombia según el protocolo definido para este trámite

      No es clara la intención de la entrega de un soporte físio por la creación de obras digitales que nacieron sin ese propósito. Si es un blog, como obra que circula en soportes no tangibles ¿se tendría que bajar a un soporte digital y entregar a la BNC?

    9. protocolo definidos por la Biblioteca Nacional de Colombia y/o las bibliotecas departamentales en el ámbito de sus competencias, para la conformación de colecciones patrimoniales

      Este aspecto, además de lo comentado antes, implica que existan expertos en áreas digitales en los distintos departamentos en donde operan estas bibliotecas o que se garantice que desde la BNC se pueda hacer una jornada que establezca estos parámetros, adecuados a los contextos de cada una de las bibliotecas.

    10. entregar

      El documento puede aclarar qué materiales debe recibir con certeza cada institución, teniendo en cuenta las cargas administratias y operativas para editores. Esto mejoraría, además, de liberar de ejemplares innecesarios o de poca relevancia para las demás entidades depositarias ¿cuánto le cuesta gestionar ejemplares que no utilizan?

      El procedimiento de entrega puede debatirse entre las partes involucradas, con el fin de evitar ambigüedades entre lo que obliga la ley y los asuntos que son potestad de cada entidad.

      También deben contemplarse los ejemplares para divulgar, en el caso de Bibliotecas Departamentales. Requerirían un ejemplar de divulgación y uno de preservación, si ese es el propósito de este artículo.

    11. aplica sólo para publicaciones cuya temática principal sea en el campo de las ciencias sociales

      Esta limitación temática a las ciencias sociales, deja por fuera literatura, historia, geografía o educación que son importantes para la Biblioteca del Congreso.

    12. seriadas (periódicos, anuarios, revistas, etc.)

      La reglamentación, para ser más concreto, puede incluir un glosario de términos que den más claridad sobre los aspectos relacionados con el depósito legal.

    13. Propuesta de reglamentación del Depósito legal en Colombia

      Propuesta de reglamentación del depósito legal digital

    14. obras nacidas digitales que circulen en internet u otras redes de comunicación, sin importar la localización del servidor o servidores a partir de los cuales se difunden, la Biblioteca Nacional de Colombia y las bibliotecas departamentales o la que haga sus veces

      Hacer explícito el cómo se hará y si existe algún tipo de excepción que cubra las acciones requeridas para estas capturas.

    15. protocolo definido por esta entidad

      Es recomendable publicar los protocolos establecidos acompañando la propuesta de reglamentación, de lo contrario se generaría vacío por una metarecomendación que no cubre la ley, ni el protocolo ni la Biblioteca Nacional de Colombia.

    16. Remisión de obras a la Biblioteca Nacional de Colombia y 2.8.1.8. Remisión de listado de obras al Instituto Caro y Cuervo

      La identificación de obras y publicación del anuario garantizan el cumplimiento de los objetivos del Depósito Legal mencionados en el Artículo 14 de este documento.

    17. Artículo 1. Deróguense

      Para la labor bibliotecaria y los proyectos digitales es fundamental conocer y tener acceso a los datos sobre la producción bibliográfica nacional, recolectar, organizar y analizar estos datos disponibles para investigaciones, la toma de decisiones sobre adquisición de materiales u otros aspectos relacionados con las actividades en las distintas tipologías bibliotecarias.

      Consideramos que la legislación debe promover la circulación de estos contenidos por medio de las entidades que para ello estén dispuestas y no vemos beneficioso que ésta actividad recaiga en una única institución. Esto podría generar sobre cargas laborales y limitaciones en los cumplimientos del propósito de esta normativa.

    1. But recent events have made me question the prudence of releasing this information, even for research purposes. The arrest and aggressive prosecution of Barrett Brown had a marked chilling effect on both journalists and security researchers.
    2. At Brown’s sentencing, Judge Lindsay was quoted as saying “What took place is not going to chill any 1st Amendment expression by Journalists.” But he was so wrong. Brown’s arrest and prosecution had a substantial chilling effect on journalism. Some journalists have simply stopped reporting on hacks from fear of retribution and others who still do are forced to employ extraordinary measures to protect themselves from prosecution.
    3. Having said all that, I think this is completely absurd that I have to write an entire article justifying the release of this data out of fear of prosecution or legal harassment. I had wanted to write an article about the data itself but I will have to do that later because I had to write this lame thing trying to convince the FBI not to raid me.
    4. I could have released this data anonymously like everyone else does but why should I have to? I clearly have no criminal intent here. It is beyond all reason that any researcher, student, or journalist have to be afraid of law enforcement agencies that are supposed to be protecting us instead of trying to find ways to use the laws against us.
    1. The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f GDPR. Our legitimate interests lie in the above-mentioned purposes.
    2. The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this the IP address of the user must remain stored for the duration of the session.
    3. The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR. Our legitimate interests lie in the above-mentioned purposes.
    1. Ley 23 de 1982

      In 2018 the law 1915/2018 modifies this law. Adding a chanche to Legal Deposit law. The chances are now underway.

  4. Mar 2020
    1. Humans can no longer compete with AI in chess. They should not be without AI in litigation either.
    2. Just as chess players marshall their 16 chess pieces in a battle of wits, attorneys must select from millions of cases in order to present the best legal arguments.
    1. legitimate interest triggers when “processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject
    2. of the six lawful, GDPR-compliant ways companies can get the green light to process individual personal data, consent is the “least preferable.” According to guidelines in Article 29 Working Party from the European Commission, "a controller must always take time to consider whether consent is the appropriate lawful ground for the envisaged processing or whether another ground should be chosen instead." 
    3. “It is unfortunate that a lot of companies are blindly asking for consent when they don’t need it because they have either historically obtained the consent to contact a user,” said digital policy consultant Kristina Podnar. “Or better yet, the company has a lawful basis for contact. Lawful basis is always preferable to consent, so I am uncertain why companies are blindly dismissing that path in favor of consent.”
    1. The Cookie Law does not require that records of consent be kept but instead indicates that you should be able to prove that consent occurred (even if that consent has been withdrawn). The simple way to do this would be to use a cookie management solution that employs a prior blocking mechanism as under such circumstances, cookie installing scripts will only be run after consent is attained. In this way, the very fact that scripts were run may be used as sufficient proof of consent.
    1. You are legally obliged to list all websites/companies belonging to one group.
    1. If a website/app collects personal data, the Data Owner must inform users of this fact by way of a privacy policy. All that is required to trigger this obligation is the presence of a simple contact form, Google Analytics, a cookie or even a social widget; if you’re processing any kind of personal data, you definitely need one.
    1. Legitimate interest. When there is a genuine reason for processing personal data without consent. Interpretations of this legal ground may vary, but a good example would be risk assessment or checking children’s age, such as in an online liquor store.
    1. The main forces that restricted public health police powers were: (1) the advent of civil rights jurisprudence; (2) the rise of patient autonomy and the rapid expansion of state personal health services expenditures; and (3) federal encroachment on state authority.
    2. Historically, the communitarian bases of the American legal system supported the subordination of individual rights when necessary for the preservation of common good. Quarantine measures were subjected to a deferential review supporting the states' right to substantially limit individual rights for the community's benefit.
    3. The treatment of quarantine reflects the latter. Courts and academics rarely expressed doubt about the validity of quarantine regulations, since the courts presumed that actions taken under the police power were constitutional.10,11 Challenges to the Fourteenth Amendment, usually successful when governmental intervention interfered with individual liberties, were not well received by the courts when communicable disease regulations, including quarantine, were involved.
    4. Fourteenth Amendment

      nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    5. The legal principles employed to sustain state public health police power were sic utere tuo ut alterum non laedas (use that which is yours so as not to injure others) and salus publica suprema lex est (public well-being is the supreme law).12 The principle of sic utere describes the power of the state to prevent or prohibit “the use of private property or the commission of private acts in a manner harmful to others.”15 The principle of salus publica, on the other hand, recognizes police power as a means to “prevent or avoid public harm even if the action has not harmed others.
    6. Generally, the courts reviewed police power measures only when the degree of restriction of personal liberty was found to be unconscionable.
    7. communitarian philosophy underlying this approach was carried into later judicial holdings, further consolidating states' exercise of public health police power.

      "Communitarian"

    8. quarantine was already a well established form of public health regulation, and was considered proper exercise of the police power of the states; the Supreme Court, in its affirmation of this power, noted that the state had the power to quarantine “to provide for the health of the citizens.”10,11 The uncontrollable nature of epidemic diseases moved the Supreme Court to uphold such extreme measures on the basis of the defense of the common good.8
    1. An example of reliance on legitimate interests includes a computer store, using only the contact information provided by a customer in the context of a sale, serving that customer with direct regular mail marketing of similar product offerings — accompanied by an easy-to-select choice of online opt-out.
    1. This is no different where legitimate interests applies – see the examples below from the DPN. It should also be made clear that individuals have the right to object to processing of personal data on these grounds.
    2. Individuals can object to data processing for legitimate interests (Article 21 of the GDPR) with the controller getting the opportunity to defend themselves, whereas where the controller uses consent, individuals have the right to withdraw that consent and the ‘right to erasure’. The DPN observes that this may be a factor in whether companies rely on legitimate interests.

      .

    1. While we recognise that analytics can provide you with useful information, they are not part of the functionality that the user requests when they use your online service – for example, if you didn’t have analytics running, the user could still be able to access your service. This is why analytics cookies aren’t strictly necessary and so require consent.
    1. Ryan said he believes the GDPR has resulted in a “game of chicken” between the tech industry and regulators, where companies are trying to see what they can get away with and doing the bare minimum — without taking meaningful action or, often, actually complying with the law.
    1. In mid-2017, the EU’s antitrust watchdog hit Google with a $2.7 billion fine for unfairly favoring its own service over those of its rivals
    2. “It’s strange to say, ‘Yeah, we’re going to respect the privacy of Europeans more than all other human beings all over the world,’”
  5. Dec 2019
    1. it is certainly more creditable to cultivate the earth for the sustenance of man, than to be the confidant, and sometimes the accomplice, of his vices; which is v1_117the profession of a lawyer

      (Deleted in 1831). Percy Shelley had suffered negative rulings by the English court system and Mary seems to share his moral judgment on the legal profession. This skepticism will soon be reinforced in the novel by the court's harsh treatment of Justine Moritz.

  6. May 2019
    1. La idea es que Vincent, gracias a los algoritmos de inteligencia artificial, “entiende” el documento que se le proporciona y su contexto, de esa forma es capaz de sugerir los documentos, sentencias y otra información jurídica relevante para el caso concreto.
    2. minimizar el tiempo y el esfuerzo necesario
    3. cuando el usuario sube un documento a Vicent, vLex no se queda el documento. Únicamente lo procesa el algoritmo, pero la búsqueda que se construye sí queda en el historial del usuario. El objetivo es que el usuario puede recuperar los resultados de una búsqueda Vicent, aunque no tenga a mano el documento que lo originó
  7. Apr 2019
    1. THIS   SERIESA   PREFERRED   STOCK   PURCHASE   AGREEMENT

      Hi Craig-- here's a public note to you that any one else could see-- but we could also create a private group here and have a conversation just between ourselves and others.

  8. Mar 2019
  9. Jan 2019
    1. there the advocate cannot prejudge the case lest he threaten both jus-tice and his own livelihood

      Proponents of legal realism would disagree. An example would be Oliver Wendell Holmes in Buck v. Bell, which decided it was constitutional for a state to sterilize purported mentally disabled people against their will, even though this has NO constitutional basis whatsoever. The outcome of the case was determined before the briefs were ever filed because Holmes and other eugenicists decided the outcome that was supposedly best for society regardless of constitutional protections for freedom, liberty, and cruel and unusual punishment.

    1. PubPub reserves the right to change the terms of the Terms of Service ("TOS") or to modify its features at any time.

      Pero mientras tanto podemos usar los términos presentes. Valdría la pena hacer una copia de esta versión.

  10. Dec 2018
  11. www.lexisnexis.com www.lexisnexis.com
    1. Shepardizing®The process of consulting Shepard's®to see if a case has been overturned, reaffirmed, questioned, or cited by later cases

      WTF is Shepardizing a registered trademark its a f***ing verb

    2. Primary SourcesA document that establishes the law on a particular issue, such as a case decision or legislative act
    3. Secondary Sources:Sources of information that describe or interpret the law, such as legal treatises, law review articles, and other scholarly legal writings, cited by lawyers to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow
  12. Nov 2018
    1. Mr. Trump intervened directly to suppress stories about his alleged sexual encounters with women

      The evidence of Trump’s involvement in the payments is legally significant, as it backs up Cohen’s claim that Trump directed payments that were found to have been in violation of federal law. The most damning evidence of all, however, isn’t just regarding Trump’s involvement in the payments, but the details of discussions of a cover-up.

      ...

      This is problematic for Trump, as campaign finance violations, such as illegal corporate contributions or donations that exceed the maximum allowable amount, require willful violation of federal law. Trump’s denials and discussion of how to keep his name out of it would help support allegations that he knew the payments were illegal.

      Source: https://lawandcrime.com/high-profile/what-the-bombshell-report-on-stormy-daniels-karen-mcdougal-payoffs-means-for-trump-legally/

  13. Oct 2018
    1. Advocates in Dubai - Get Legal Advice Finding advocates to assist you in legal cases can become tiresome especially when the need for legal representation or legal consultancy arises. Especially in Dubai, addressing any legal issues within the Emirates jurisdiction requires expert legal advice. However, there are several Professional Advocates in Dubai who can be approached to seek quality legal advices. Offering comprehensive solutions, litigation and legal consultancy in line with international standards for individual and corporate clients needs are the services that white collar professionals assist you with. Setting up a business, establishing their legal status to employment arrangement, corporate transactions and court representations are few of the other cases advocates deal with. The best Advocates in Dubai always work on developing a good working relationship with clients and putting their needs first.

  14. Aug 2018
    1. when courts in the UK or the EU interpret provisions of national legislation intended to give effect to the agreements, they could take into account the relevant case law of the courts of the other party.

      so case law could be optionally regarded...

  15. May 2018
    1. Further, a doctor, medical center, hospital, EMT, and even assisted living staff can make decisions regarding your healthcare, treatment methods and type of medical care to provide you if you are not married, over 18 years old, and do not have a health care proxy in place

      Medical decision making has very specific in rules to protect the rights of the patient. The rules can vary according to a patient's age, marital status, and wether or not they signed a health care proxy document in the first place.

  16. Feb 2018
    1. Governmental Regulation–National Emergency11. This contract is subject to federal or state legislation, regulations,executive or other official orders or other governmental action, now orhereafter in effect respecting military, naval, air or other governmentalservice, which may directly or indirectly affect the Player, Club or theLeague and subject also to the right of the Commissioner to suspendthe operation of this contract during any national emergency duringwhich Major League Baseball is not played.

      However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    2. ATTACHMENT 52Joint Domestic Violence, Sexual Assault and Child Abuse Policy

      No minor league player, club, or association representatives were included in the parties that formulated these policies, although these policies and procedures have been adopted by minor league baseball.

    3. ATTACHMENT 512017–2021 International Play Plan, Rate Card and Funding

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    4. ATTACHMENT 50Daniel R. Halem, EsquireChief Legal OfficerMajor League BaseballOffice of the Commissioner245 Park AvenueNew York, New York 10167Re: Rookie Hazings, Pranks and Clubhouse RitualsDear Dan:I write to confirm our agreement concerning the Office of the Commis-sioner’s adoption of a policy addressing rookie “hazing” or “initia-tions” or other clubhouse rituals involving Players (the “Policy”).

      Since no grievance procedure is outlined or articulated for minor league players and teams, the protections outlined in this attachment are not necessarily afforded to minor league players.

    5. ATTACHMENT 46International Amateur Talent System

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    6. ATTACHMENT 46International Amateur Talent System

      No minor league player, club, or association representatives were to be included in this subcommittee.

    7. MAJOR LEAGUE PLAYER TOBACCO POLICY

      Facing increased pressure to curb player performance-enhancing and recreational drug use, Major League Baseball and the MLBPA moved proactively to institute a joint treatment program. Minor League baseball adopted the program outlined in this CBA, even though no minor league club, player, or organization representatives were involved in negotiating the CBA.

    8. ATTACHMENT 12This will set forth the understanding of the Parties regarding ArticleXX(A), of the Basic Agreement:With respect to a Minor League Player with no existing Major LeagueContract, whose Minor League contract has been assigned to a MajorLeague Club, it is understood that the placing of such a Player on theMajor League Club’s Active Reserve List (40-man Roster) and the ten-dering to such a Player of a Major League Contract without the neces-sity of renewing the Minor League contract will provide the MajorLeague Club with reservation rights to such a Player. Thus, such aPlayer will not become a free agent under Article XX(A)(2)(d), whichprovides that a Player will become a free agent if his Club fails to exer-cise its contract renewal rights, there being no prior Major LeagueContract to renew

      Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.

    9. ARTICLE XXV—International Play

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    10. (4)Interests of the AssociationThe Revenue Sharing Plan may have a significant impact on theindustry globally as well as on individual Clubs. Accordingly, theParties acknowledge that the Association has a significant interest inany aspect of any of the components of the Revenue Sharing Planor its operation materially affecting either: (a) the overall industry-wide transfer of revenue among Clubs; or (b) the amounts of pay-ments made by individual Clubs and the amounts of receiptsreceived by individual Clubs. This paragraph shall not be construedto limit the Association’s right to assert that it has other legitimateinterests in the operation of the Plan.

      As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, an established practice by 2017.

    11. D. Outright Assignment to Minor League Club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    12. ARTICLE XX—Reserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    13. D. Foreign AssignmentsExcept for the return of conditional assignments from outside theUnited States and Canada, the contract of a Player shall not be assignedotherwise than within the United States and Canada, without thePlayer’s written consen

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language which first appeared in the 1997 CBA offered greater stability for foreign-born players.

    14. M. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Med-ical Leave Act (29 U.S.C. 2601 et seq.) and will allow Players to uti-lize the Bereavement, Medical Emergency and Paternity leavesprovided in Major League Rules 2(n) and (o). Medical Emergency andPaternity leaves shall run concurrently with any leave available underthe Family and Medical Leave Act

      While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    15. A. No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because ofmembership in or lawful activity on behalf of the Association, nor willthey discriminate because of Association activity in regard to hire,tenure, or employment, or any term or condition of employment.The provisions of this Agreement shall be applied to all Players cov-ered by this Agreement without regard to race, color, religion, nationalorigin, sexual orientation, or any other classification protected underFederal Law

      In a notable shift from the 2003 CBA, the non-discrimination language in the CBA expanded to include sexual orientation, but still did not include gender or gender identity.

    16. ARTICLE XI—Grievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    1. Governmental Regulation-National Emergency11. This contract is subject to federal or state legislation, regulations,executive or other official orders or other governmental action, now orhereafter in effect respecting military, naval, air or other governmentalservice, which may directly or indirectly affect the Player, Club or theLeague and subject also to the right of the Commissioner to suspendthe operation of this contract during any national emergency duringwhich Major League Baseball is not played

      However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    2. 265ATTACHMENT 46International Amateur TalentI. International Talent Committee

      No minor league player, club, or association representatives were to be included in this subcommittee.

    3. ATTACHMENT 46International Amateur Talent

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    4. SMOKELESS TOBACCO POLICY

      Facing increased pressure to curb player performance-enhancing and recreational drug use, Major League Baseball and the MLBPA moved proactively to institute a joint treatment program. Minor League baseball adopted the program outlined in this CBA, even though no minor league club, player, or organization representatives were involved in negotiating the CBA.

    5. With respect to a Minor League Player with no existing Major LeagueContract, whose Minor League contract has been assigned to a MajorLeague Club, it is understood that the placing of such a Player on theMajor League Club’s Active Reserve List (40-man Roster) and the ten-dering to such a Player of a Major League Contract without the neces-sity of renewing the Minor League contract will provide the MajorLeague Club with reservation rights to such a Player. Thus, such aPlayer will not become a free agent under Article XX(A)(2)(d), whichprovides that a Player will become a free agent if his Club fails to exer-cise its contract renewal rights, there being no prior Major LeagueContract to renew.

      Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.

    6. ARTICLE XXV—The Industry Growth Fund

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    7. (4)Interests of the AssociationThe Revenue Sharing Plan may have a significant impact on theindustry globally as well as on individual Clubs. Accordingly, theParties acknowledge that the Association has a significant interest inany aspect of any of the components of the Revenue Sharing Planor its operation materially affecting either: (a) the overall industry-wide transfer of revenue among Clubs; or (b) the amounts of pay-ments made by individual Clubs and the amounts of receiptsreceived by individual Clubs. This paragraph shall not be construed

      As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, a practice that was growing in widespread adoption in the early 2000s.

    8. D. Outright Assignment to Minor League club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    9. ARTICLE XX—Reserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    10. D. Foreign AssignmentsExcept for the return of conditional assignments from outside theUnited States and Canada, the contract of a Player shall not be assignedotherwise than within the United States and Canada, without thePlayer’s written consent

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language which first appeared in the 1997 CBA offered greater stability for foreign-born players.

    11. N. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Med-ical Leave Act (29 U.S.C. 2601 et seq.) and will allow Players to uti-lize the Bereavement, Medical Emergency and Paternity leavesprovided in Major League Rules 2(n) and (o). Medical Emergency andPaternity leaves shall run concurrently with any leave available underthe Family and Medical Leave Act.

      While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    12. A. No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because ofmembership in or lawful activity on behalf of the Association, nor willthey discriminate because of Association activity in regard to hire,tenure or employment or any term or condition of employment.The provisions of this Agreement shall be applied to all Players cov-ered by this Agreement without regard to race, color, religion, nationalorigin, sexual orientation, or any other classification protected underFederal Law

      In a notable shift from the 2003 CBA, the non-discrimination language in the CBA expanded to include sexual orientation, but still did not include gender or gender identity.

    13. ARTICLE XI—Grievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    1. Governmental Regulation-National Emergency11. This contract is subject to federal or state legislation, regulations,executive or other official orders or other governmental action, now orhereafter in effect respecting military, naval, air or other governmentalservice, which may directly or indirectly affect the Player, Club or theLeague and subject also to the right of the Commissioner to suspendthe operation of this contract during any national emergency duringwhich Major League Baseball is not played.

      However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    2. ATTACHMENT 24Donald M. Fehr, Esquire Executive Director and General Counsel Major League BaseballPlayers Association 12 East 49th Street New York, New York 10017Re: World-Wide Draf

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    3. 2. The World-Wide Draft Subcommittee shall be composed ofan equal number of representatives of the Players Association andthe Office of the Commissioner, and shall include at least oneAssociate General Counsel of the Players Association and at leastone senior representative of the Labor Relations Department ofthe Office of the Commissioner

      No minor league player, club, or association representatives were to be included in this subcommittee.

    4. ATTACHMENT 18MAJOR LEAGUE BASEBALL’SJOINT DRUG PREVENTION ANDTREATMENT PROGRAMThe Major League Baseball Joint Drug Prevention and TreatmentProgram (the “Program”) is established by agreement of the Office ofthe Commissioner and the Major League Baseball Players Association(the “Commissioner’s Office,”the “Association”and, jointly, the “Par-ties”) (1) to educate Players on the Major League Clubs’40-man ros-ters (“Players”) on the risks associated with using ProhibitedSubstances (defined in Section 2 below); (2) to deter and end the useby Players of Prohibited Substances; and (3) to provide for, in keepingwith the overall purposes of the Program, an orderly, systematic, andcooperative resolution of any disputes that may arise concerning theexistence, interpretation, or application of this agreement. Except asotherwise provided herein, any dispute arising under this Program shallbe subject to resolution through the Grievance Procedures of the BasicAgreement

      Facing increased pressure to curb player performance-enhancing and recreational drug use, Major League Baseball and the MLBPA moved proactively to institute a joint treatment program. Minor League baseball adopted the program outlined in this CBA, even though no minor league club, player, or organization representatives were involved in negotiating the CBA.

    5. ARTICLE XXV—The Industry Growth Fund

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    6. (4)Interests of the AssociationThe revenue sharing plan may have a significant impact on theindustry globally as well as on individual Clubs. Accordingly, theParties acknowledge that the Association has a significant interest inany aspect of any of the components of the revenue sharing plan orits operation materially affecting either: (a) the overall industry-wide transfer of revenue among Clubs; or (b) the amounts of pay-ments made by individual Clubs and the amounts of receiptsreceived by individual Clubs. This paragraph shall not be construedto limit the Association’s right to assert that it has other legitimateinterests in the operation of the plan.

      As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, a practice that was growing in widespread adoption in the early 2000s.

    7. D. Outright Assignment to Minor League club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    8. ARTICLE XX—Reserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    9. D. Foreign AssignmentsExcept for the return of conditional assignments from outside the Unit-ed States and Canada, the contract of a Player shall not be assignedotherwise than within the United States and Canada, without the Play-er’s written consent.

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language of the 1997 CBA offered greater stability for foreign-born players.

    10. M. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Med-ical Leave Act (29 U.S.C. 2601 et seq.).

      While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    11. . No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because ofmembership in or lawful activity on behalf of the Association, nor willthey discriminate because of Association activity in regard to hire,tenure or employment or any term or condition of employment.The provisions of this Agreement shall be applied to all Players cov-ered by this Agreement without regard to race, color, religion ornational origin

      In a notable omission, organized baseball's CBA did not prohibit discrimination based on sex or gender, which legal precedent at this time had expanded to include gender identity and sexual orientation.

    12. ARTICLE XI—Grievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    1. D. Foreign AssignmentsExcept for the return of conditional assignments from outside the United States and Canada, the contract of a Player shall not be -assigned otherwise than within the United States and Canada, without the Player’s written consent

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language of the 1997 CBA offered greater stability for foreign-born players.

    2. The Clubs and the Association will jointly request and cooperate in lobbying theCongress to pass a law that will clarify that Major League Baseball Players are covered under the antitrust laws (i.e., that Major League Players will have the same rights under the antitrust laws as do other professional athletes, e.g., football and basketball players), along with a provision that makes it clear that the passage of that bill does not change the application of the antitrust laws in any other context or with respect to any other person or entity. If such a law is not enacted by December 31, 1998 (the end of the next Congress), then this Agreement shall terminate on December 31, 2000 (unless theAssociation exercises its option to extend this Agreement as set forth in Article XXVII)

      These combined lobbying efforts resulted in the 1998 Curt Flood U.S. Congressional Act, which specified Major League Baseball's anti-trust exemption was still applicable to Major League clubs and players, in effect forcing minor league teams to also operate under that exemption while not benefiting from the legal protections and representation the MLBPA provided for Major League players.

    3. The revenue sharing plan may have a significant impact on the industry globally as well as on individual Clubs.

      As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, a practice that was starting to begin in earnest during the late 1990s.

    4. D. Outright Assignment to National Association Club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    5. ARTICLE XXReserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    6. L. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Medical Leave Act (29 U.S.C. 2601 et seq.)

      While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    7. A. No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because of membership in or lawful activity on behalf of the Association, nor will they discriminate because of Association activity in regard to hire, tenure or employment or any term or condition of employment.The provisions of this Agreement shall be applied to all Players covered by thisAgreement without regard to race, color, religion or national origin.

      The 1997 CBA was an early moment the MLBPA successfully advocated for standard workplace non-discrimination protections to be applied to professional baseball, a measure that supported both U.S. and foreign-born players.

    8. ARTICLE XIGrievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    1. Governmental Regulation-National Emergency 11. This contract is subject to federal or state legislation, regula-tions, executive or other official orders or other governmental action, now or hereafter in effect respecting military, naval, air or other governmental service, which may directly or indirectly affect the Player, Club or the League and subject also to the right of the Com-missioner to suspend the operation of this contract during any na-tional emergency during which Major League Baseball is not played.

      However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    2. ATTACHMENT 15 This will set forth the understanding of the parties regarding Article XX(A), of the Basic Agreement: With respect to a National Association Player with no existing Ma-jor League Contract, whose National Association Contract has been assigned to a Major League Club, it is understood that the placing of such a Player on the Major League Club's Active Reserve List (40-man Roster) and the tendering to such a Player of a Major League Contract without the necessity of renewing the National Association Contract will provide the Major League Club with reservation rights to such a Player. Thus, such a Player will not become a free agent under Article XX(A)(2)(d), which provides that a Player will become a free agent if his Club fails to exercise its contract renewal rights, there being no prior Major League Contract to renew.

      Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.

    3. Outright Assignment to National Association Club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    4. ARTICLE XX-Reserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    5. D. Foreign Assignments

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language of the 1990 CBA offered greater stability for foreign-born players.

    6. A. No Discrimination The Clubs will not interfere with, restrain or coerce Players because of membership in or lawful activity on behalf of the Association, nor will they discriminate because of Association activity in regard to hire, tenure or employment or any term or condition of employment. The provisions of this Agreement shall be applied to all Players covered by this Agreement without regard to race, color, religion or national origin.

      The 1990 CBA was an early moment the MLBPA successfully advocated for standard workplace non-discrimination protections to be applied to professional baseball, a measure that supported both U.S. and foreign-born players.

    7. ARTICLE XI-Grievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    8. E. All-Star Game A Player who is a member of his League's All-Star team shall, in addition to being reimbursed in accordance with past practice, be reimbursed by the League for the first-class jet air fare within the continental United States and Canada to and from the site of the All-Star Game for one guest, and for hotel accommodations for a max-imum of three days for such guest.

      Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star games are not covered by this sub-article.