Canada: Energy @ Gowlings: July 26, 2012 - Volume 10, Number 11

Edited by Paul H. Harricks

Ontario Re-Boots FIT 2.0 With Ministerial Directive


On July 11, 2012 Ontario's Minister of Energy issued a directive (directive) to the Ontario Power Authority (OPA) clarifying certain policies and slightly adjusting the feed-in tariff (FIT) program rules and contract. The directive was issued following the Ontario government's review of feedback regarding the draft rules, contract forms and definitions for the revised FIT 2.0 program issued in April of this year.

Summary of the Directive's Key Points:

i. Prioritization of Community and Aboriginal Participation Projects

The ministerial directive clarified that the OPA will prioritize applications for projects with (a) greater than 50 per cent community equity interest held by a co-operative with at least 50 members being local property owners, or (b) greater than 50 per cent Aboriginal equity participation. With respect to the contract capacity set aside for projects with at least 50 per cent community or Aboriginal equity participation, the OPA is now directed to offer contracts to projects described in (a) or (b) before offering contracts to other projects in the application window.

Further, it has now been made clear that a change in the prescribed levels of community and Aboriginal participation will constitute grounds for termination of the contract.

ii. Other Changes to Priority Points

The directive amended the FIT program priority points. The modified priority point system table was set out in Appendix A of the directive.

One key modification was the expansion of the project readiness category:

  • One priority point will now be awarded for projects that applied on or before July 4, 2011; projects that applied on or after July 5, 2011 will be awarded 0.5 priority points.
  • These points may be added to the one point that is awarded if a solar rooftop applicant owns or has firm site control, or if an applicant has sufficient space and a firm lease/option or ownership of the land for a wind, solar ground-mount, bioenergy or waterpower project.
  • There is a maximum of two points to be awarded for this category.

iii. Protection of Agricultural Lands

Ground-mounted solar photovalic (PV) facilities greater than 10 kW are now prohibited from being located on (or relocated onto) any of the following sites:

  • Land with any class 1, 2, and 3 soils (as per the Canada land inventory agricultural capability maps), unless the site is located on one of the following: airport/aerodome, closed landfill, contaminated site, a sited zoned and primarily used for industrial use, a federal military installation, or for class 3 soils only, a site owned by a municipality at the time the application was made.
  • Land with a mixture of class 1, 2, or 3 soils with another soil class. However, if the solar facility is located on the part of the property that is not class 1, 2 or 3, the site is not prohibited.
  • Land with organic soils (as per the Canada land inventory agricultural capability maps).
  • Land that is designated as "specialty crop areas" by the provincial policy statement.

Note: The land restrictions above do not apply to existing FIT contract holders who requested site amendments before April 5, 2012.

iv. Community Energy Partnership Program (CEEP) Eligibility

The ministerial directive instructs the OPA to amend the CEEP eligibility requirements to match those for community projects under the FIT rules, as set out in the April 5, 2012 directive.

The OPA is also directed to allocate $1,000,000 a year for education funding and capacity building, $100,000 of which is to be specifically allocated to the Association of Municipalities of Ontario for education programs.

v. Land Use Rules

The directive also instructs the OPA not to amend existing FIT contracts to permit relocation of facilities greater than 10 kW to properties that are any of the following:

  • Zoned to permit residential use or border a property zoned to permit residential use.
  • Zoned for commercial or industrial use, but where not such use is occurring.
  • Zoned for commercial or industrial use and the solar ground-mounted PV generation facility is (or will be) the sole or primary use of the property.

Going forward, the Ministry of Energy will establish a working group made up of a number of interested stakeholders (including the OPA). The working group will provide recommendations and solutions to project siting issues. Further revisions to the FIT rules may arise out of this working group.

vi. Connection Point and Project Location Proximity

The directive instructs the OPA to amend certain rules for non-hydroelectric plants. Specifically, the rules are to provide a limit on the distance between such a project's connection point on the transmission or distribution grid and the area of the project property that the applicant has access rights to. Further, the distance between a proposed project and its proposed connection point on the grid can be no greater than 50 km.

vii. microFIT 'Offer to Connect' Timelines

The microFIT rules (for projects of 10 kW or less) will be amended to require applicants to seek an Offer to Connect within 30 days of the OPA confirming their application. The applicant will then have a 90-day period in which they must receive and accept an offer to connect from the local distribution company.

viii. Changes to the FIT Contract

In direct response to strong feedback from the project development and finance committees, the minister has directed that the proposed FIT 2.0 contract clauses pertaining to termination for convenience (which would have made most projects non-viable) be set aside. The OPA will not change termination for convenience clauses from the FIT 1.0 contact.

In addition, the voluntary withdrawal period for existing FIT contract holders is now extended to September 30, 2012.

ix. Pilot Program for Solar Projects on New Buildings

By the end of 2012, the OPA is now directed to create and implement a pilot program in which applicants with unconstructed buildings can apply for small FIT rooftop solar contracts. Up to 15 MW of the overall 2013 small FIT contract capacity will be reserved for the pilot program.


With the launch of Japan's feed-in tariff program and the anticipated renewable industry growth in South America, South Africa and Central Europe, analysts expect less attention to be focused on the slowing Ontario market. Although significant panel, turbine and EPC supply opportunities still exist in respect of FIT 1.0 contracts to be fulfilled, the policy complexity and uncertainty associated with FIT 2.0 is expected to slow the pace of new market entry in the province.

At this stage the OPA now needs to implement the changes associated with the ministerial directive – a process which we expect to see competed over the course of the summer months.

Japan's newly launched FIT program


On June 18, 2012 Japan's Ministry of Energy, Trade and Industry (METI) approved a system of feed-in tariffs (FIT) for renewable energy generation.1 The new FIT program presents a rare suite of new business opportunities in the development of renewable energy in Japan. The push for renewable energy production is aimed at cutting reliance on nuclear, oil and liquefied natural gas for Japan's energy needs. Japan's investment in clean energy will help the world's third-biggest economy shift away from a reliance on nuclear power after the Fukushima disaster.2

The Opportunity in Japan

Bloomberg estimates that the Japanese market in solar PV could be worth nearly $10 billion, due to the very generous FIT tariffs that are being offered by Japan's METI.3 The high tariff rates will increase the demand to participate in the program, not only by local solar panel makers such as Panasonic and Sharp, but also by international firms vying for a piece of the Japanese market.

With renewable energy subsidies falling in established markets, the Japanese market represents a chance for investors to benefit from the tariff-driven returns.

Japan's Feed-In- Tariff Program

The Agency for Natural Resources and Energy (ANRE) is a department of METI and is responsible for Japan's policies in regard to energy and natural resources. The Japanese FIT program is similar to other FIT programs around the world. The Japanese government will pay tariffs to businesses, individual households and other organizations to generate renewable electricity. That power is then sold to the utilities at a fixed rate over a set period of time. The utilities will offset the costs of the new tariffs by charging their customers a surcharge for electricity generated from renewable sources. METI estimates that consumers will be required to pay an additional 1.2% per month on average for a 300 kWh electricity bill.4

The new FIT program began on July 1, 2012 and electric utilities are obligated to purchased electricity from suppliers of renewable electricity that have obtained the approval of METI. Utilities will also be obligated to inter-connect their electric transmission and other electricity facilities with the power generation facilities of the specified suppliers.

The terms of the power purchase agreements, including the price and annual period will be set by METI and executed by the electric utility operators.

Under the new program, utilities will buy solar, biomass, wind, geothermal and hydro power. The tariff price is based on the type of renewable fuel and the contract capacity. For instance, solar power firms with nameplate capacity of more than 10 kW can charge $0.53/kWh over 20 years. Firms with nameplate capacity of less than 10 kW can also charge $0.53/kWh, but only for 10 years.5

The wind power firms with nameplate capacity of more than 20 kW can charge $0.29/kWh for 20 years, while projects yielding under 20 kW can get $0.73/kWh for 20 years.6

Geothermal plants producing more than 15 MW get $0.35 for 15 years, while those producing under 15 MW get $0.53/kWh, for 15 years.7

At $0.73/kWh Japan's kWh tariff rates for wind are among the highest, if not the highest, in the world.

There are some obstacles to the Japanese FIT program, METI does not guarantee a grid connection and it is up to the suppliers to cover all grid connection costs. Additionally, planning barriers in Japan are significant and may substantially increase development costs and delay deployment.

Given the likely barriers and capital investment required, the potential of the market opportunity is difficult to assess. However, it is estimated that solar and wind projects over 20 kWh could produce equity returns of 44% and 51% respectively.8 The Japanese government seems to be committed to making the FIT project a success since, for the first time in 40, years Japan will not be using nuclear energy as the government has closed down all 50 nuclear plants for maintenance.9 Even though the nuclear reactors will be restarted as the maintenance and safety checks are completed, the shut down underscores the government's commitment to renewable energy production. Further, as of July 2nd of this year, 44 solar and wind power facilities have received approval to join the program.10

The standard terms and conditions of Japan's new FIT program and detailed pricing are available at the MEIT's website at

How It Measures Up Against Ontario

It is important to note that Japan has filed a complaint with the World Trade Organization asserting that the domestic content requirements of Ontario's FIT program are in violation of The General Agreement on Tariffs and Trade (GATT).11 As a result, it is not surprising that Japan's FIT program does not contain a domestic content requirement.

Ontario is a sub-national energy market with a population of 13.3 million people12, compared to Japan which is a national market with a population 126.4 million people.13 Unlike Ontario, Japan's utilities market is divided into ten regulated companies and the nation is the fourth largest consumer of electricity in the world.14 In 2011, Japan produced 937.6 billion kWh of electricity and consumed 859.7 billion kWh15, compared to Ontario's total energy production of 143.8 billion kWh and consumption of 124.6 billion kWh.16 The Fukushima disaster last year has placed a strain on Japan's energy resources and the opportunities to develop renewable energy solutions in Japan are currently very lucrative.

Since the launch of Ontario's FIT program in 2009, the province has made significant progress in developing cleaner renewable energy through wind, solar, and bioenergy projects. Ontario is projected to increase its capacity of renewable energy from about 1,700 MW in 2010 to 10,700 MW by 2018.17 Many analysts expect similar results with the launch of Japan's FIT program.

The table below provides a high level comparison between the FIT programs in Japan and Ontario.

Privacy and the Smart Grid: How Privacy Protections Were Designed Into Ontario's Central Meter Data Repository

By its nature, a smart electrical grid improves efficiencies by better utilizing information in the operation and management of an electricity system. Gathering and processing information about consumers of electricity is central to a smart grid. This is illustrated by the U.S. Department of Energy's definition of "smart grid" which is set out below:

"A smart grid is an electrical grid that uses computers and other technology to gather and act on information, such as information about the behaviors of suppliers and consumers, in an automated fashion to improve the efficiency, reliability, economics, and sustainability of the production and distribution of electricity18."

Given the central role that consumer information plays in the concept of a smart grid, it is not surprising that issues of privacy often arise when the smart grid is discussed. It is also not surprising, given the public's relative lack of understanding of the electrical grid and how it operates, that privacy concerns about the smart grid have risen to extremes. For example, the Toronto Star newspaper ran a story in its May 12, 2011 issue entitled "Can smart grid know too much?". The article included photographs of terrified individuals with the caption "They know when you are sleeping...they know when you're awake...they know when you're in the shower!"

Fears about taking showers aside, consumer concerns about how the smart grid treats their personal information are warranted. With the development of the smart grid, new avenues for the collection of personal information, such as smart meters, have been implemented and entirely new libraries of personal energy use information have been created. Ontario's Privacy Commissioner Dr. Anne Cavoukian summarized the implication of these privacy concerns as follows:

"The underlying rationale is that consumer confidence and trust in the Smart Grid, and in one's local electricity distributors, is vital in achieving the vision of a more energy efficient electrical grid."19

In recent years the Ontario Independent Electricity System Operator ("IESO") has taken great strides to make Ontario's electrical grid significantly "smarter". These strides include the design, operation and administration of a Smart Metering Entity and a related central meter data repository for Ontario's electricity market. This article will document how the IESO's design, operation and administration of Ontario's Smart Metering Entity and its central meter data repository has designed privacy protections into the control framework for Ontario's smart meter data management system.

For consumers of electricity, an understanding of how privacy protections have been embedded into these new developments will help dispel fears about how personal information is treated by the smart grid. For organizations, the IESO's Smart Metering Entity provides an example of how to build proactive, default privacy controls into complex data management systems. Organizations planning to build or implement such systems of their own should look to the IESO's accomplishments for a better understanding of how systems can be designed and implemented to comply with privacy requirements.

Ontario's Smart Metering Initiative and the MDM/R

Ontario's Smart Metering Initiative (SMI), led by the Government of Ontario, is intended to create a conservation culture and support demand management through province-wide smart meter deployment. The SMI intends to support a more sustainable and efficient electricity system by:

  • Laying the foundation for a Smart Grid
  • Improving reliability
  • Improving operating efficiency
  • Increasing conservation
  • Providing more accurate and timely energy use information
  • Reducing or deferring the need for new power generators20

As of February 2012, there were 4.7 million smart meters installed and over 3.8 million customers on time-of-use billing in Ontario.21

In July 2007, the Government of Ontario designated the IESO as the Smart Metering Entity (SME) that will play a central role in the management of Ontario's system of smart meters.22

The IESO, as Ontario's independent electricity system operator, is responsible for monitoring Ontario's electricity system and identifying what is required to maintain its reliability. Acting as the SME, the IESO's role has been expanded to include the operation of a central meter data repository (the Meter Data Management and Repository, or "MDM/R") in support of Ontario's more than 70 local electricity distribution companies ("LDCs").

The MDM/R acts as a central hub providing a common platform for storing, processing and managing hourly electrical consumption information in a reliable and secure manner. The MDM/R receives consumption data daily from smart meters through the LDCs' systems. Working in conjunction with the LDCs' metering and billing systems, the MDM/R provides consumers with detailed, accurate and timely information about their electricity use.23

The SME provides the following services:24

  • manages the MDM/R
  • coordinates the MDM/R's design, technical architecture and standards
  • manages changes to the MDM/R to ensure they are implemented in a controlled manner
  • performs testing to ensure the MDM/R functions and operates as designed, and fulfils audit requirements
  • provides first-level incident response and resolution
  • coordinates shared services across IESO functions to fulfill its obligations as the SME.

Privacy and the MDM/R

Ontario's Privacy Commissioner and her work advocating privacy in the smart grid context are very familiar to Ontario's electricity industry. Commissioner Cavoukian is probably best known for espousing that seven foundational privacy principles, which she calls "Privacy by Design", be embedded in the smart grid from its initial design through implementation and operation.25

These foundational principles are:

  • Be Proactive, not Reactive
  • Make Privacy the default setting
  • Ensure privacy is embedded into the design
  • Strive to achieve full functionality of the underlying technology in a positive-sum, not zero-sum, manner
  • Instill security into the system in an end-to-end manner
  • Ensure the system is transparent
  • Ensure the smart grid is user-centric in a manner that respects user privacy26

The following outlines how the IESO has successfully instilled these seven foundational privacy principles in the MDM/R and the operating policies and procedures that apply to it.27

1. Proactive Privacy

A proactive approach to privacy can be facilited through regular monitoring and audits of systems and managerial controls.

To accomplish this, the IESO has implemented an Enterprise Risk Management process to proactively address potential risks and to foster a risk conscious internal control environment. This process includes IESO Senior Management reviewing the risks to the administration and operation of MDM/R services on at least a quarterly basis and reporting to the IESO Board at least twice yearly. The IESO Internal Audit department reviews IESO operations and supporting information systems including the IESO's system of internal control, risk management and governance processes. Results of all such audits are reported in writing to IESO senior management and the audit committee of the IESO's board of directors.

2. Privacy - the default setting

The IESO uses certain automatic technological processes and business practices to ensure that privacy is maintained in the MDM/R as the "default setting".

This is demonstrated by the IESO's use of controls to provide assurance that only authorized organizations are processed as registrants with access to the MDM/R. To do so, the IESO reviews organization registration applications and issues an Organization ID to the applicant. The IESO's Operational Service Provider (OSP) sends details of additions to its file transfer service to the IESO who confirms that the update is complete and accurate.At this point the IESO exchanges self-signed certificates with the newly registered organization and the OSP loads a digital certificate into its web services connections to enable the new registrant, confirming completion of this step to IESO.

Only LDCs and their designated agents have the ability to provide information to, or pull information from, the MDM/R. The IESO does not share smart meter data with energy retailers or other agents of consumers. The LDC controls online read-only access to customer consumption data and daily billing quantity data, and is responsible for authorizing access to this data by retailers and other customer agents. The LDC will identify organizations authorized to access the online data, and will grant read-only access to retailers or other agents for those specific customers who have chosen to enter into contracts with energy retailers or other agents.

3. Embedding Privacy into the MDM/R design

The IESO utilizes access controls to restrict access to the information in the MDM/R to authorized organizations and user accounts. Several automatic processes facilitate this restriction by default. These processes include:

  1. the MDM/R automatically restricts access to data to organizations who configured permissions during registration
  2. the MDM/R automatically notifies the LDC when files are transmitted to or from an LDC
  3. the MDM/R automatically associates manual verifications or edits made to data with the authorized user that is interacting with the system
  4. the MDM/R employs automatic restrictions on read-only use and editing use of data to authorized users
  5. requests for new user access or changes to existing user access must be made using originally signed prescribed forms. Each form must be reviewed and approved by the IESO
  6. new user Ids and passwords are sent directly to the requester in separate messages
  7. the MDM/R automatically authenticates user access through a login process that is governed by password control.

The MDM/R uses the following controls to provide assurance that meter-read data it receives from LDCs is recorded in the MDM/R completely, accurately and in a timely manner:

  1. the MDM/R automatically checks incoming data to verify that relevant fields are populated, rejecting records that do not meet the required criteria
  2. the MDM/R automatically performs checks of data provided to it against master data
  3. exceptions revealed by the two checks mentioned above are automatically reported to the LDC

To provide assurance that master data updates received by the MDM/R are processed completely, accurately and in a timely manner, the MDM/R:

  1. automatically processes, checks and tests synchronization file sets and reports errors found to the submitting organization
  2. automatically reports updates made by synchronizations to the submitting organization.

4. End-to-end Security

The IESO instigated the following controls to ensure the MDM/R systems are secured to prevent unauthorized use, disclosure, modification, damage or loss of data:

  1. the IESO entered into an agreement with its systems service provider that requires the use of up to date access controls
  2. user access to the MDM/R system and data is based on documented and approved management requests
  3. the IESO performs quarterly reviews of all MDM/R user access to determine that the MDM/R's user lists align with the user lists maintained by the IESO's registration and enrollment group and identified exceptions are remediated within defined service levels
  4. only administrators designated by the IESO's systems service provider have access to add/remove/modify user Ids
  5. the IESO's systems service provider is required by contract to update user access to the MDM/R upon notice by the IESO on a timely basis

Security and other privacy protections are applied to the MDM/R on an "end-to-end" basis through a privacy-protected change management process. Change management controls are utilized to provide assurance that requested changes to the system are authorized, tested and implemented in a controlled manner so that unintended consequences (including unintended consequences for privacy) are prevented.

The following change management controls were put in place regarding the MDM/R:

  1. requested changes are documented, categorized and implementation risks are assessed
  2. the environment for the testing of the requested change is segregated from all production environments
  3. the scope and level of testing of the change is determined based on the level of risk and complexity associated with the change
  4. required testing must be reflected in test plans and test results that are accepted by IESO management
  5. IESO management must review and approve the request to promote the change to the production level
  6. defects identified in testing are either received prior to change implementation or are identified and communicated to the LDCs.

5. System Transparency

To promote transparency, the IESO maintains a website for MDM/R service recipients that provides an overview of the SME, SME services, MDM/R governance documents, manuals and procedures and key contact information. The IESO's MDM/R Service Desk provides a single point of contact for information requests, service requests and reporting of incidents for MDM/R service recipients, including providing updates on status of requests and incidents.

The IESO users the following administrative controls to accountability, visibility and transparency of the business practices of the MDM/R's operational service provider:

  1. IESO management reviews the scope, control objectives, control descriptions and conclusions reported by the MDM/R service provider on a quarterly basis
  2. if exceptions affecting the MDM/R are identified in a service provider report, IESO management follows up with the service provider to develop a corrective action plan and to identify compensating controls to mitigate associated risks.

6. Making the System User Centric

To ensure the MDM/R system meets user needs, IESO management monitors system performance against defined service levels and escalates problems with service providers and the IESO board. The IESO also meets weekly with its operational service provider to review issues and priorities with MDM/R service providers.

Responding appropriately to operations incidents is another key aspect of ensuring the MDM/R system satisfies user needs. The IESO has controls in place to provide reasonable assurance that operations incidents are identified, recorded, responded to, resolved or investigated, reviewed and analyzed in a timely manner. These controls include:

  1. identified operations issues are logged into the MDM/R's service desk system and classified into agreed upon severity categories
  2. updates regarding the incident status are provided to the incident originator on a periodic basis
  3. the IESO reviews and discusses resolution timeliness of outstanding issues on a periodic basis.


The management practices of Ontario's Smart Metering Entity and its design and administrative policies pertaining to Ontario's Meter Data Management and Repository are examples of how privacy protections can be instilled in the smart grid "by design". A better understanding and communication of these practices and policies will help dispel consumer fears about how personal information is treated by the smart grid. Organizations can look to Ontario's IESO's practices and policies as examples of how to build proactive, default privacy controls into complex data management systems.


1 Japan's METI approves feed-in tariffs for solar PV generationSolar Server (June 20, 2012), online: Solar Server Online Portal to Solar Energy>.

2 Yuko Inoue and Leonora Walet, Japan approves renewable subsidies in shift from nuclear powerReuters (June 18, 2012), online: Reuters Edition UK <

3 Chisaki Watanabe, Solar Boom Heads to Japan Creating $9.6 Billion MarketBloomberg (June 18, 2012), online: Bloomberg >.

4 Supra Note 1

5 Ibid

6 Ibid

7 Ibid

8 Japan Renewable Energy Feed-In Ready for SignatureSustainable Business (26 April 2012), online: Sustainable < http://www. >

9 Ibid

10 Feed-in tariff era gets under wayThe Japan Times(2 July 2012), online: The Japan Times Online < http://www. >.

11 Julius Melnitzer, Japan seeks WTO hearing on Ontario's Green Energy ActLegal Post, online: Financial Post >.

12 Ontario Fact Sheet 2012 (6 June 2012), online; Ontario Ministry of Finance

13 Background Note: Japan (5 March 2012), online: U.S. Department of State >.

14 The World Factbook JapanCIA, online: CIA The World Factbook

15 Ibid

16 Center for Energy, Ontario-Statistics, online; Center for Energy

17 2011 Annual Report of the Auditor General of Ontario, Electricity Sector Renewable Energy Initiatives (Ontario: Auditor General of Ontario, 2011) at 93.

18 U.S. Department of Energy, "Smart Grid/Department of Energy"

19 Commissioner Cavoukian, Electric Light & Power Magazine,

20 Independent Electricty System Operator and Information Privacy Commissioner, Ontario Canada, Building Privacy into Ontario's Smart Meter Data Management System: A Control Framework

21 Supra note 3.

22 Ontario Regulation 393/07, as amended by Ontario Regulation 233/08.

23 Supra note 3.

24 Supra note 3.

25 Privacy by Design: Achieving the Gold Standard in Data Protection for the Smart Grid, Dr. Anne Cavoukian, Information and Privacy Commissioner of Ontario, June 2010

26 Operationalizing Privacy by Design: The Ontario Smart Grid Case Study, February 2011

27 Supra note 3.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Events from this Firm
8 Nov 2016, Seminar, Ottawa, Canada

The prospect of an internal investigation raises many thorny issues. This presentation will canvass some of the potential triggering events, and discuss how to structure an investigation, retain forensic assistance and manage the inevitable ethical issues that will arise.

22 Nov 2016, Seminar, Ottawa, Canada

From the boardroom to the shop floor, effective organizations recognize the value of having a diverse workplace. This presentation will explore effective strategies to promote diversity, defeat bias and encourage a broader community outlook.

7 Dec 2016, Seminar, Ottawa, Canada

Staying local but going global presents its challenges. Gowling WLG lawyers offer an international roundtable on doing business in the U.K., France, Germany, China and Russia. This three-hour session will videoconference in lawyers from around the world to discuss business and intellectual property hurdles.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.