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Global Media and Communications Watch

The International Legal Blog for the Tech, Media and Telecoms Industry

Posted in Data Protection & Privacy

Privacy and Cybersecurity December 2016 Events

December 5
Mark Brennan will give a presentation on TCPA and ESIGN issues at EUCI’s Customer Communications Conference.
Location: New Orleans, Louisiana


December 6
Privacy Landscape in 2016
Eduardo Ustaran will be providing a privacy round-up of 2016 at the Data Protection Forum.
Location: London, England


December 7
Data: Friend or Foe?
Harriet Pearson is an invited panelist at the Transatlantic General Counsel Summit and will be speaking about “Caution and Opportunity in Collecting Data Today: Structuring and Leveraging Your Data Collection.”
Location: New York, New York


December 8
TCPA Under Trump’s Administration
Mark Brennan will be a presenter at the Neustar webinar, “Achieving Communication Efficiencies in a Changing TCPA & Regulatory Environment.”
Location: To register, click here.


December 10
Protecting Big Data
Julie Brill will present on “Privacy/Data Protection in a Big Data Era” at the Peking-Oxford-Stanford Joint Conference on Internet Law and Public Policy.
Location: Shenzhen, China


December 13
Mark Brennan will lead a TCPA webinar for the Software and Information Security Association.
Location: Online


December 13
What GDPR Means to AdTech
Eduardo Ustaran will speak about the impact of GDPR for the adTech industry during a webinar hosted by Ghostery.
Location: Online


Posted in e-commerce, Policy & Regulation, Technology

Hogan Lovells Global Payments Newsletter l November 2016

Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as sharing interesting reports and surveys on issues affecting the market.

Key developments of interest over the last month include:

  • UK PSR policy statement on IFR guidance (phase 2): The UK Payment Systems Regulator has published a policy statement on guidance on its approach as a competent authority for the EU Interchange Fee Regulation. See our client briefing on the PSR’s final guidance here.
  • Australia to regulate Bitcoin exchanges under AML laws: The Australian government wants to begin drafting legislative proposals to update its anti-money laundering laws to include bitcoin and other digital currency exchanges by the middle of next year.
  • Singapore and South Korea sign cooperation agreement in FinTech: The agreement provides a framework for cooperation in FinTech between Singapore and South Korea. Under the agreement, the Monetary Authority of Singapore and the Korean Financial Services Commission will explore potential joint innovation projects on technologies such as big data and mobile payments.

To view a PDF of the full Newsletter please click here. You can also follow us on Twitter at @HLPayments for regular news and updates.

Posted in Copyright, Digital Single Market (EU) Nils RauerEva Vonau

EP Committee on Legal Affairs: Cross-border portability and obligations for service providers

tablet2BEA further step towards the reform of European copyright was taken On 29 November 2016. The Committee on Legal Affairs of the European Parliament (JURI) not only voted for a proposal for a regulation on ensuring the cross-border portability of online content services in the internal market; in its Brussels meeting, JURI also organized a public hearing regarding one specific and highly discussed aspect of the current reform of European copyright – potential obligations for service providers. In the context of the very diverse Digital Single Market Strategy, the European Commission presented in total five drafts in order to modernize copyright law in the EU that have to pass the legislative process (see also our blog post).

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Posted in Internet, Technology, Telecoms & Broadband

The IoT in the Real World: An Armchair Discussion with Stacey Higginbotham

shutterstock_371253775-300x200Connected devices are everywhere and create a wealth of data.  How do we understand and use this data?  And how do we protect it against disclosure and attack? 

With questions like these, Stacey Higginbotham, creator of the Internet of Things Podcast and the “Stacey Knows Things” newsletter, launched an “armchair discussion” about the Internet of Things (“IoT”) during Hogan Lovells’ recent Winnik International Telecoms & Internet Forum.  The discussion featured Dean Brenner, Senior Vice President, Government Affairs for Qualcomm Incorporated and Jonathan Adelstein, President and CEO of the Wireless Infrastructure Association.

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Posted in Technology Peter Watts

Talking about the future

Our cross disciplinary London “Tech Hub” last night hosted a great dinner for clients. Greg Williams, Executive Editor of WIRED led a wide ranging discussion.   Given “Chatham House rules”, here’s a purely personal perspective on the debate.

We were inspired by the next wave of technologies – from autonomous vehicles to mixed reality. We were sometimes amused by the prospect of changes in ways that we interact with technology – from a touch centric experience to one built around vision and voice. But, perhaps prompted by reflections on the events of 2016, it was striking that the focus of the discussion moved quickly from the technology itself to ways in which it is used (and potentially abused) by society.

Since the dawn of history inventors and innovators have rarely anticipated how their creations will be used. New applications of technology change the way people live and work but society has always taken time to understand those changes and to create new frameworks, often reflected in the law, to manage change in socially beneficial ways.

An era where speed of technological progress, and the ability of new technologies to spread, are accelerating exponentially sets society new challenges. Should companies whose products reach billions globally within a few short years of launch be “responsible” for the way those products are used or the jobs that they displace? Can society get ahead of the game and set rules for the coming era of Artificial Intelligence (and what happens if it doesn’t)? Does the state need to play a fundamentally different role in helping people to understand, and take a degree of control (personally or through social institutions) over technology and its application? How do we govern essentially global challenges which do not respect borders in a world where protectionist sentiments appear to be on the rise?

We see symptoms of these issues in our work every day but, too often, they remain niche topics discussed only within the “tech community”. Yet technology has become has all pervasive as money – arguably even more so. Just as we wouldn’t regard banks as the only people who should be engaged in a debate about the role of money in our economy and society, the overriding lesson from a fascinating discussion is that technology is too important to be left to technologists.

Posted in Data Protection & Privacy Logan BreedTimothy TobinMeghan Edwards Ford Rissmiller

FTC Issues Sharing Economy Report

ftc-logo-300x300In June 2015, the Federal Trade Commission (FTC) held a workshop on The “Sharing” Economy: Issues Facing Platforms, Participants, and Regulators. The Commission also solicited public comments on the topic, receiving more than 2,000 comments in response. On 17 November, the Commission issued a report summarizing the issues explored in the workshop and the public comments. The report emphasized that the workshop (and its ensuing summary) was not intended “as a precursor to law enforcement” but “an opportunity to learn more” about this rapidly evolving business model and to aid “the Commission, as well as regulators, consumer groups, platforms, participants using the platforms, incumbent firms, and others” to address the unique issues raised by sharing economy platforms.

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Posted in Internet, Policy & Regulation Jun WeiSherry Gong

CAC issued draft regulations: Cyberspace protection of minors is on agenda

On September 30, 2016, the Cyberspace Administration of China (the “CAC“) issued the draft for comments of the Regulations on Cyberspace Protection of Minors (the “Draft“).  A “Minor” is not defined in the Draft, but defined under the Minor Protection Law as any citizen under the age of 18.  The term “citizen” is likely to be interpreted as a citizen of China.  However, in the Guidelines for Personal Information Protection within Information Systems for Public and Commercial Services on Information Security Technology (the “Guidelines“), the same term is defined as anyone under the age of 16.  Though not legally binding, the Guidelines is a set of important rules that set forth the most comprehensive standards on the protection of personal information in China.  It may be used as a reference to judicial decision-making.  In light of the difference in the interpretation of the term “minor”, to be on the safe side, it is best to proceed with the definition with greater coverage, i.e., 18 years old, while keep in mind that in court the alternative is possible.  If the Draft becomes final in its current form, it may impose significant regulatory requirements upon Internet information service providers.

For the full article, please click here.

Posted in e-commerce Adrian EmchAndy Huang

Chinese payment encryption device suppliers fined for participation in government-orchestrated cartel

On 4 November 2016, the State Administration for Industry and Commerce (“SAIC“) – one of China’s antitrust authorities – published on its website three decisions, whereby three payment encryption device suppliers were fined by SAIC’s branch in Anhui Province (“Anhui AIC“).  Payment encryption devices are used by bank customers to protect the security of payments from their bank accounts.  These devices are typically distributed by the banks to their customers.

The Anhui AIC considered the companies’ conduct to amount to market partitioning, prohibited under Article 13 of the Anti-Monopoly Law (“AML“).  Interestingly, the market partitioning was orchestrated by the local branch in Anhui of the People’s Bank of China (“Anhui PBOC“), one of the financial regulators in China.


On 20 October 2010, the Anhui PBOC selected three out of six companies as suppliers of payment encryption devices in Anhui: Sunyard System Engineering Co., Ltd., Sinosun Technology Co., Ltd., and Shanghai Haijiye Technology Co., Ltd.  On 7 December 2010, the Anhui PBOC convened a meeting which was attended by the three companies and 20 local banks.  In the meeting, the participants agreed, among other, that

  • the 20 banks were divided into three groups, and each group would distribute the payment encryption devices for one of the three suppliers, and
  • the payment encryption devices would be distributed at a fixed price agreed in the meeting.

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Posted in Copyright, Entertainment & Content Nils RauerEva Vonau

CJEU: Exceptions of InfoSoc do not cover out-of-commerce works

dsaIs it permitted to reproduce out-of-commerce works and make them publicly accessible under European copyright exceptions? So far, there is no explicit regulation at European level dealing with out-of-commerce works. However, a few member states, including Germany, have already complemented their copyright by way of introduction of new provisions governing the use that one can make of out-of-stock works. In simple terms, national legislators mainly understand such works as works not being commercially available anymore.

The respective provision in French law has recently been subject to the European Court of Justice (CJEU). On 16 November 2016, the judges in Luxembourg handed down their judgment thereby declaring the French law incompatible with the InfoSoc Directive 2001/29. (Case Ref.: C-301/15).

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Posted in Data Protection & Privacy

GDPR Implementation Guide Available

HoganLovells Logo_382We are pleased to announce that Hogan Lovells Frankfurt-based Partner Tim Wybitul has published a handbook – EU-Datenschutz-Grundverordnung im Unternehmen: Praxisleitfaden – to assist organizations with compliance with the European General Data Protection Regulation (GDPR). Written in German, the handbook includes plain-language summaries of GDPR requirements as well as project-planning and other checklists and examples to aid companies in complying with the Regulation. The handbook draws upon case studies to present lessons learned by several companies in their efforts to develop GDPR-compliant programs and is designed to be a useful resource for companies of all sizes. Jan Albrecht, member of the EU Parliament and rapporteur on the GDPR, contributed the preface.

The handbook is currently available in German here as well as directly from the author. An English language version of the key chapters of the handbook will be available shortly.