On 28 January 2021, the data privacy communities of the world celebrated the Data Protection Day which is an international effort to create awareness about the importance of respecting privacy, safeguarding data and enabling trust.
The Finance (Miscellaneous Provisions) Act 2020 has amended some 70 pieces of legislation so as to implement the measures set out in the Budget 2020 2021. The Act came into force on 7 August 2020.
The COVID-19 (MISCELLANEOUS PROVISIONS) Act amends some 56 legislations which the COVID-19 pandemic context rendered necessary to mitigate its negative impact on the Mauritian economy and on the lives of Mauritians in general.
Our guide to the issues likely to impact businesses and the key measures taken by African governments in response to COVID-19.
While the outbreak of the COVID-19 pandemic subsists, the risks for businesses of not being able to fulfil their contractual obligations or of experiencing the default of the other contracting party is a real concern for economic operators. To manage this unprecedented situation and provide an adequate response, a careful analysis of the contract terms is essential to enable parties to exercise their rights if a dispute arises from non-performance. As a first step, it will generally be a question of analysing the possibility of invoking the defence mechanism of force majeure.
The unravelling situation with the COVID-19 pandemic has caused significant financial turmoil in Mauritius. A likely effect of these disturbances could result in companies going for winding-up and other alternatives available under Mauritian law.
Following the outbreak of COVID-19 and its development into a global pandemic, governments, public and private organisations throughout the world are taking exceptional measures to contain and mitigate its spread.
In an attempt to curb the spread of the COVID-19 in Mauritius, the government took the decision to extend the sanitary curfew until 15 April 2020. Employers around the world are facing similar challenges, dealing with government-mandated shutdowns, sick and self-isolating employees, homeworking arrangements and economical constraints.
In 2017, the Companies Act was amended to provide that the share register of companies should disclose the names and last known addresses of the beneficial owners/ultimate beneficial owners where shares are held by a nominee.
With the advent of the Workers’ Rights Act (“WRA”), we have seen our labour laws being challenged in many ways in Mauritius. At first, our attention was quickly grasped by the additional leaves which have been brought by the WRA, the calculation of the end of year bonus and, more especially, by the new definition given to the word ‘worker’ under the WRA. We should, however, realise that these are not the only elements which will affect the financial impact which the WRA is having on our economy.
The legislation and regulations concerning electronic transactions/signatures are becoming a key element to respond to businesses’ changing needs.
The Financial Services Commission of Mauritius (FSC) had issued an Anti-Money Laundering and Combatting the Financing of Terrorism (AML/CFT) Handbook on 13 January 2020.
As from 15 January 2021, the Environment Protection (Control of Single Use Plastic Products) Regulations 2020 (the “Regulations”) came into operation and banned the importation, manufacture, possession, sale, supply and use of not less than 10 non-biodegradable single use plastic products. These restrictions form part of the Government’s 2020-2024 program to make Mauritius a plastic-free country.
Jamie Macdonald moderates a panel discussion on ESG and Mining Sustainability in 2021 and Beyond.