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

Category Archives: Digital Single Market (EU)

Posted in Copyright, Digital Single Market (EU), Entertainment & Content, Policy & Regulation Alastair ShawDr. Nils RauerPenny ThorntonEva Vonau

DSM Watch: EU online content services Portability Regulation will become law in its current form: Council adoption 8 June 2017

DSM Watch has been tracking this, the first legislative proposal published by the Commission under the Digital Single Market strategy banner, since back in December 2015.  The Commission’s aim was to allow consumers who pay for online content services in their home country to access them when visiting another country within the EU.… Continue Reading

Posted in Copyright, Digital Single Market (EU) Dr. Nils RauerEva VonauPenny Thornton

Europe: Enforcement of IP Rights – A new hope for the Enforcement Directive?

The Digital Single Market is starting to take shape. A central part of this project is the reform of the European Copyright framework. But while it is apparent that the Directive 2004/48 on the enforcement of intellectual property rights is outdated and in dire need of an update there has not been much progress regarding the enforcement of IP rights. … Continue Reading

Posted in Digital Single Market (EU)

Europe’s New Digital Single Market – Threat or Opportunity for the U.S.?

Join us on 19 June, 10:00 a.m. – 1:30 p.m. EST, for a lively discussion with experts regarding the current regulatory developments in Europe and the United States. Andrea Glorioso, Counselor for the Digital Economy at the Delegation of the European Union to the United States, will provide an overview of what U.S. markets might expect from the EU. … Continue Reading

Posted in Digital Single Market (EU), e-commerce Jamie PollockAlice Wallace-Wright

European Commission goes online with final report in e-commerce sector inquiry

The final report on the European Commission’s e-commerce sector inquiry was published last week and contains some important observations about how online channels of distribution are transforming consumer goods and digital content markets.

Margrethe Vestager, the European Commissioner in charge of competition policy, launched the Commission’s e-commerce sector inquiry in May 2015, announcing that “European citizens face too many barriers … Continue Reading

Posted in Copyright, Digital Single Market (EU) Dr. Nils RauerPenny ThorntonEva Vonau

Digital Single Market: Commission takes stock at halftime

The European Commission is taking stock of what has been accomplished regarding its Strategy for a Digital Single Market. Two years ago, on 6 May 2015, Commissioners Oettinger and Ansip announced their strategy to create a single European market in the online world. Such market should rest on three pillars: (1) better access for consumers and businesses to digital … Continue Reading

Posted in Digital Single Market (EU) Martin SuraChristoph WünschmannFalk SchoeningChristian Ritz

DSM Watch: Germany suggests ramping up regulation of Digital Platforms by establishing a “Digital Agency” with a robust antitrust mandate

Will Germany establish a “Digital Agency” to monitor compliance with competition law rules in digital markets? Will a German “Digital Antitrust Enforcer” become a role model for a European protectionist approach against American and Asian platform providers?

The German Federal Ministry for Economic Affairs and Energy seems to see a pressing need for regulation in digital markets. The White Paper … Continue Reading

Posted in Copyright, Digital Single Market (EU) Dr. Nils RauerEva VonauPenny Thornton

DSM Watch: The new copyright directive – What will happen to the liability privilege of platforms?

Since the first proposals for amendments to the European Commission’s draft copyright directive were leaked earlier this month, we have seen quite some discussion on what the Digital Single Market will bring about. The leaked report was drafted by the European Parliament’s Committee on Legal Affairs. MEP Therese Comodini Cachia takes responsibility over the subject. The paper puts forward an … Continue Reading

Posted in Copyright, Digital Single Market (EU) Dr. Nils RauerEva VonauPenny Thornton

DSM Watch: Leaked European Parliament comments may modify press rights under Copyright Directive

The European commission published its last draft directive on the modernizing of the European copyright law (COM(2016) 593 final) on 14 September 2016. The draft was part of a larger strategy to bring about a single digital market within the European Union. Back then, the legislative proposal triggered quite some discussion given that its provisions touched upon more than one … Continue Reading

Posted in Digital Single Market (EU) Peter WattsWinston MaxwellMathias SchönhausDina JubrailDr. Nils RauerMarco Berliri

DSM webinar highlights tax, competition law, copyright, AVMS and data economy issues for 2017

In a February 7, 2017 webinar, the Hogan Lovells Digital Single Market (DSM) team presented its take on new developments for 2017. Peter Watts introduced the session by warning that the loss of the UK voice in EU policy making could lead to rules that are less sensitive to business needs. Marco Berliri commented on the challenges currently facing large … Continue Reading

Posted in Copyright, Digital Single Market (EU), Policy & Regulation Penny ThorntonDr. Nils RauerEva Vonau

EU Commission agrees new rules allowing Europeans to watch online content services across EU borders

On 7 February, negotiators for the European Parliament, Member States and the Commission agreed the proposal for a regulation on EU cross-border portability of online content services. This is the first agreement relating to the modernisation of EU copyright rules proposed by the Commission as part of the Digital Single Market strategy.

Under the new rules, which will come into … Continue Reading

Posted in Digital Single Market (EU)

Webinar Invitation: Digital Single Market: Highlights in 2017

The Digital Single Market (DSM) strategy the EU Commission announced in May 2015 is about to spread its wings. 2016 saw it grow remarkably with legislative initiatives being pushed forward at various ends including the ban on geo-blocking, portability of online content (the so-called “Connectivity Package“), the “Copyright Package,” and most recently, the Commission published its … Continue Reading

Posted in Digital Single Market (EU) Winston MaxwellFalk SchoeningDr. Nils RauerRod Freeman

DSM Watch: European Commission’s data package explores data ownership, localization, liability and portability, highlighting tensions with GDPR

On January 10, 2017, the European Commission released a Communication, a fact sheet, a working document and a public consultation relating to Europe’s “data economy”.   The fact sheet states that “data is a new type of economic asset”, which is essential for innovation and growth. The Commission’s objective is to remove “unjustified restrictions” and “legal uncertainties” in order … Continue Reading

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

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

A 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 … Continue Reading

Posted in Digital Single Market (EU), Internet, Policy & Regulation Winston Maxwell

DSM Watch: Hogan Lovells partner discusses net-neutrality at BEREC forum

Below are the remarks of Winston Maxwell at the October 17, 2016 BEREC stakeholder forum in Brussels.

The FCC’s open Internet order and the BEREC guidelines on net neutrality are similar in how they analyze commercial offers by ISPs and practices such as zero rating. Both BEREC and the FCC recognize that commercial practices do not lend themselves to a … Continue Reading

Posted in Digital Single Market (EU), Internet, Policy & Regulation Christian RitzFalk SchoeningPeter Watts

Fragmentation instead of level-playing field? How the German Government’s announced White Paper on digital platforms adds to regulatory uncertainty on topical issues of the digital economy after Brexit

Many digital platforms attract consumers and businesses on a global basis. It is a challenge for national regulators to enforce competition law and other regulatory provisions against such international players. Germany´s Federal Minister of Justice, Heiko Maas, argued in a similar way in an interview with the German newspaper Handelsblatt on 5 October 2016. He took a stand on the … Continue Reading

Posted in Copyright, Digital Single Market (EU) Dr. Nils RauerEva VonauCamille Pecnard

Webinar recording: Digital Single Market – The New European Copyright

On Friday, 23 September 2016, we held a well-received webinar on the Commission’s latest package of legislative initiatives in the copyright environment. This included a concise review and summary of the six draft directives, draft regulations, communications and impact assessments the commission has bundled in its “Second Copyright Package” as published on 14 September 2016. Specifically, we touched … Continue Reading

Posted in Digital Single Market (EU), Policy & Regulation, Spectrum, Telecoms & Broadband Charlie Hawes

DSM Watch – EU Commission’s “Connectivity Package” proposes major reforms of telecommunications law

On 14 September 2016 the Commission unveiled an ambitious overhaul of EU telecommunications law. The proposed reforms are the centrepiece of what the Commission is calling its “Connectivity Package”.

This is a bundle of legislative proposals and related initiatives released under the Commission’s Digital Single Market strategy whose common goal is to dramatically increase the speed and geographic coverage of … Continue Reading

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

DSM Watch: A closer look at the draft EU Regulation on online transmissions of broadcasting organisations and closed networks

Last week, the European Commission officially released a communication on its endeavours to modernize the EU copyright rules. The paper was accompanied by several – long awaited – legislative proposals aiming for modelling future European copyright law (see blog post).

Following-up on our introductory blog post last week, we now take a closer look at the proposed Regulation on … Continue Reading

Posted in Copyright, Digital Single Market (EU)

Webinar invitation: Digital Single Market – The New European Copyright

There have been busy days in Brussels regarding the shaping of tomorrow’s copyright law in Europe. It took the Commission ten months to follow-up on its first package of copyright legislation released last December, with a second set of draft regulations and directives published on 14 September 2016.

The second legislative package truly touches upon almost everything that is hot … Continue Reading

Posted in Digital Single Market (EU), e-commerce Falk SchoeningPeter Citron

European Commission’s e-commerce sector inquiry – increasing antitrust heat

Online sales are not only attracting the attention of consumers and tech businesses, but also increased review by antitrust regulators. The European Commission yesterday published a detailed 290 page preliminary report on its e-commerce sector inquiry.

While commenting on the release of the report, EU Competition Commissioner Margrethe Vestager stated that the report should be “a trigger for companies Continue Reading

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

DSM Watch: Legislative proposals on Copyright officially released

These are exciting days for copyright fans. Yesterday, the European Commission officially published a communication accompanied by several – long awaited – legislative proposals regarding the future of the European copyright law (see this press release). The content of the individual documents does not come as a surprise given that we have seen a number these documents leaked as … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDr. Nils RauerEva Vonau

DSM Watch: Draft of Commission’s Copyright Communication leaked

It is a busy time in Brussels right now. Within the last few days, we have seen leaked drafts of a comprehensive staff working paper on the modernization of EU copyright rules, a draft copyright directive and a draft regulation on online transmission of broadcasts (see our respective blog post). At the end of last week, these were followed … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDr. Nils RauerEva Vonau

DSM Watch: Draft of new Copyright Directive leaked

Apparently, summer season is over in Brussels. Already last week, a comprehensive staff working paper was leaked dealing with the European Commission’s aim to modernize copyright law within the EU. (see our respective blog post). Then on Wednesday, a first draft of the new Copyright Directive became public. It deals with, among other points, new and mandatory limitations … Continue Reading

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

EU: DSM-Watch – Commission staff working document on copyright reform leaked

As part of the Commissions Digital Single Market Strategy, the European copyright rules are also under review. So far, a rather general communication “Towards a modern, more European copyright framework” as well as a draft regulation on cross-border portability have been published (blog post series). This was in December 2015. Since then, particularly the draft regulation … Continue Reading