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

Category Archives: Policy & Regulation

Posted in Policy & Regulation Falk SchoeningRod Freeman

Regulate Frankenstein: the European Parliament calls for new rules for robots

When a parliamentary report cites Mary Shelley’s Frankenstein in its recitals and proposes new regulation for robots with artificial intelligence (“AI”), one cannot be sure whether the 19th or the 21st century has inspired the legislator. Last week, the European Parliament took a step to introduce new regulation of robots in Europe. Declaring that the EU needs to … Continue Reading

Posted in Policy & Regulation Andrew McGintyMark ParsonsNolan Shaw

China moves to implement security review of network products and services: but leaves foreign investor and manufacturer concerns unanswered

On 4 February 2017, the Cyberspace Administration of China issued a draft of the Network Products and Services Security Review Measures (“Draft Measures“) for public comment: the Draft Measures remain open for comments until 4 March 2017. The Draft Measures are follow-on legislation to China’s Cyber Security Law adopted on 7 November 2016, which will take effect from … 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 e-commerce, Policy & Regulation, Technology Emily Reid

Webinar recording – UK PSD2 implementation

HM Treasury published a consultation paper and draft Payment Services Regulations 2017 for a short 6 week consultation period ending on 16 March 2017.

The consultation paper states that the Government aims to finalise and lay the final implementing legislation in Parliament in ‘early 2017 to provide industry with as much time as possible to adjust to any changes required’.… Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Julie Brill

Strengthening international ties can support increased convergence of privacy regimes

The internet has become today’s global trade route, and personal data is one of its major currencies. The growth in the digital economy is impressive. One study found that economic activity taking place over the internet is growing at 10% per year within the G-20 group of nations. In the United States alone, one estimate found that companies exported nearly … Continue Reading

Posted in e-commerce, Policy & Regulation, Technology

Hogan Lovells Global Payments Newsletter l January 2017

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:

  • EBA consults on guidelines on security reporting:
Continue Reading
Posted in Policy & Regulation, Telecoms & Broadband Ajay Kuntamukkala

Managing global telecom supply chains – What telecommunications companies need to know about trade control laws

Maintaining a global supply chain brings its share of commercial, financial, and regulatory risks. Increasingly, telecommunications companies with global operations and suppliers are finding that U.S. trade control laws affect their operations. For instance, telecommunications companies can inadvertently breach export control or economic sanctions laws when critical suppliers are designated on U.S. or non-U.S. government restricted parties lists, engage in … Continue Reading

Posted in Policy & Regulation, Technology Andrew McGintyNolan Shaw

Draft legislation to affect China cloud services market access

On 25 November 2016, the Ministry of Industry and Information Technology, China’s telecommunications and Internet regulator, issued a draft Circular on Regulating Business Activities in the Cloud Services Market for public comment (“Draft Circular“). The stated aims of the Draft Circular are to improve the cloud services market environment and further regulate business activities in this sector. In … Continue Reading

Posted in e-commerce, Policy & Regulation, Technology Federico Hernández Arroyo

Cryptocurrencies prompt contrasting reactions by Latin American regulators

While used by organized crime, cryptocurrencies are also becoming accepted as a legitimate payment method by mainstream sectors of the economy in Latin America. Currently, some stores, start-ups, restaurants, hotels, and other online businesses are accepting Bitcoin and other cryptocurrencies as a valid payment method. Online exchange platforms are emerging rapidly and even ATMs have been installed to carry out … Continue Reading

Posted in e-commerce, Policy & Regulation, Technology

Hogan Lovells Global Payments Newsletter l December 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:

  • PSF Strategy launch: the Strategy aims to
Continue Reading
Posted in Data Protection & Privacy, Policy & Regulation Eduardo Ustaran

Triple GDPR Guidance Issued by Article 29 Working Party

No one could accuse the EU Article 29 Working Party (WP29) of not delivering as promised.  Following its recently held December plenary meeting, the WP29 has released three separate guidelines with their interpretation of some key aspects of the General Data Protection Regulation, namely:

  • data portability,
  • data protection officers (DPOs), and
  • lead supervisory authorities.

At the same time, the WP29 … Continue Reading

Posted in Entertainment & Content, Policy & Regulation Sheri JeffreyJun WeiLu ZhouNolan Shaw

Now playing: New film law impacts the Chinese silver screen

On November 7, 2016, the People’s Republic of China’s highest legislative body, the Standing Committee of the National People’s Congress, passed the Film Industry Promotion Law (Film Law). The Film Law takes effect on March 1, 2017.

The Film Law is the first comprehensive “law” in China targeting the film industry specifically and is more than 13 years … Continue Reading

Posted in Policy & Regulation, Technology Mark Parsons

The shape of things to come – the HKMA and ASTRI chart a course for blockchain in Hong Kong: legal and regulatory implications

On 11 November, 2016, Hong Kong’s Applied Science and Technology Research Institute (“ASTRI“) published its “Whitepaper On Distributed Ledger Technology” (the “DLT Whitepaper“), a substantial research exercise commissioned by the Hong Kong Monetary Authority (the “HKMA“).

The DLT Whitepaper is a useful and well-informed introduction to blockchain, or distributed ledger technology (“DLT“), … Continue Reading

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
Continue Reading
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 … Continue Reading

Posted in Drones, Policy & Regulation Lisa EllmanPatrick R. RizziE. Tazewell Ellett

Big News: Proposed Small UAS Rule for Flights Over People at White House for Review

White House Open to Stakeholder Meetings about Drone Operations Over People

In a major new development, the Federal Aviation Administration (FAA) has just sent to the White House Office of Information and Regulatory Affairs (OIRA) the proposed rulemaking for performance-based standards and means-of-compliance for the operation of small unmanned aircraft systems (UAS, or “drones”) over unsheltered people not directly participating … Continue Reading

Posted in Drones, Policy & Regulation Falk Schoening

The European Parliament pushes for an EU-wide regulation for UAS

The split of competences between the European Union (“EU”) and its Member States has been a point of friction in the setting out of the future European rules on unmanned aircraft system (“UAS”). In December 2015, the European Commission advocated in its Aviation Strategy for the need for a common regulatory framework across the EU to ensure a single … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Mark Parsons

Proposed changes to the law on data breach notifications in Australia

The law on the notification of data breaches in Australia looks set to change. The Privacy Act 1988 does not currently require companies that suffer a data breach to notify the Australian Information Commissioner (“Commissioner“) or affected individuals. While organisations are encouraged to do so by the Commissioner’s Data Breach Notification Guide (2014), and in practice many … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Falk Schoening

BEREC stakeholder forum: Revisiting the scope of bundling in the EU

At the Body of European Regulators for Electronic Communications (BEREC)’s annual stakeholder forum in Brussels, bundling in the telecom sector came under the spotlight, and in particular some questions were aimed at whether “bundled” offers were legal.

On the occasion of the BEREC forum, we thought it useful to revisit European rules on bundling which are relevant both from a … Continue Reading

Posted in Policy & Regulation, Technology Tony Lin

White House Announces Big Initiative to Support Small Satellites

Last month, the White House’s Office of Science and Technology Policy (“OSTP”) announced the “Harnessing the Small Satellite Revolution” initiative.  OSTP committed to working with NASA, the Department of Defense, the Department of Commerce, and other Federal agencies to promote and support both government and private use of small satellites for remote sensing, communications, science, and the exploration of space.  … 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 Data Protection & Privacy, Internet, Policy & Regulation Christine GateauPauline Faron

French law for a Digital Republic: what you should know, what you should expect

After numerous reports and propositions drafted over the past years, a public national consultation and almost a year of discussions before the French Parliament, the much awaited Law no. 2016-1321 of 7 October 2016 for a Digital Republic (“French Digital Law”) has finally been promulgated.  Although it officially entered into force on 9 October 2016, a number of implementing Decrees … 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