Laws affecting Genealogy Societies
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AB 5: California's Employee versus Contractor Test (effective
Jan. 1, 2020)
California has added new restrictions about classifying a paid person as a contractor. This is known as the ABC Test. A person must be considered to be an employee unless all the following conditions are true:
- The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
- The person performs work that is outside the usual course of the hiring entity’s business.
- The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.
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AB 375: California's Data Privacy Requirements (effective Jan. 1, 2020)
Details personal data management procedure and the rights of consumers. According to the California Attorney General's draft 1 regulations, the definition those reference and the economic impact form, it apparently applies only to organizations with annual incomes of $25 million or higher.
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GDPR: Europe's Data Privacy Law & Regulations (effective May 2018 and retroactive)
May be applicable if you do business in the European Union (sell merchandise or memberships to EU residents).
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CAN-SPAM Act of 2003 (a U.S. law)
Emailing a membership renewal or other solicitation (advertising) to former members whose membership expired more than one year ago could subject you to a fine of up to $42,530 per emailed message. It also establishes content requirements for any emailed solicitation to members or the public.
Disclosure: SRGC cannot provide legal advice or assistance. Alerts on the LEGAL Alerts Page are intended to provide sufficient information for member societies to do their own research.
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