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Tag Archives: European Union

Posted in Digital Single Market (EU), Policy & Regulation Alastair ShawPenny ThorntonDr. Nils Rauer

DSM Watch: Compliance deadlines for EU online Portability Regulation pushed back

In our 18 July blog we reported the then recently published key dates for compliance with the EU online Portability Regulation.   Following a correction published in the EU Official journal on 28 July 2017, those deadlines have been pushed back by just under two weeks.   A revised version of our blog post is below, with the new deadlines added.

*******… Continue Reading

Posted in Data Protection & Privacy Dr. Wolf-Tassilo Böhm

New Case Law on Restrictions for Employee Monitoring in the Workplace in Germany

According to the German Federal Labor Court, Germany’s highest court for employment disputes, German employers are not allowed to monitor employees in the workplace without a concrete suspicion of a criminal violation or, in some cases, a serious breach of duty (judgment dated July 27, 2017, case ref. 2 AZR 681/16). This means that employer monitoring of an employee’s computer … Continue Reading

Posted in Digital Single Market (EU), Policy & Regulation Alastair ShawPenny ThorntonDr. Nils Rauer

DSM Watch: On your marks! Deadline for EU online Portability Regulation compliance is 20 March 2018

In our 21 June blog we reported that the text of this, the first legislative proposal published by the Commission under the Digital Single Market strategy banner, had been finalised by the European Parliament and Council.  The Regulation on ensuring the cross-border portability of online content services in the internal market ((EU) 2017/1128), to give it its formal title, has … Continue Reading

Posted in Digital Single Market (EU)

Enabling the Digital Single Market in Europe

On June 19, Hogan Lovells Washington D.C. hosted a panel to discuss Europe’s Digital Single Market (DSM) initiative and how the European Union’s strategic plans might affect trade and business relations between the United States and Europe.

Hogan Lovells partners  (Brussels) were joined by Andrea Glorioso, Counselor for the Digital Economy at the Delegation of the European Union to the … Continue Reading

Posted in Copyright Dr. Nils RauerPenny ThorntonEva Vonau

Far-reaching decision by the CJEU on copyright: The Pirate Bay can be blocked by ISPs

Swiftly following the CJEU decision in Filmspeler (see our blog post), in which the Court found that the selling of multimedia players with add-ons to illegal streaming websites amounted to copyright infringement, the CJEU has confirmed that an indexing site such as the infamous website, The Pirate Bay, can be liable and as a result, internet service providers (ISPs) … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband

Are your EU products compliant? Transitional period ended on 12 June 2017

The new EU Radio Equipment Directive 2014/53/EC (“RED”) applies to all radio equipment, such as products with mobile communication, Bluetooth or WiFi. It is replacing the former EU Directive on Radio and Telecommunication Terminal Equipment 1999/5/EC (“R&TTE Directive”).

RED has been applicable since 13 June 2016 but provided a one-year transitional period, during which companies were allowed to continue placing … Continue Reading

Posted in Policy & Regulation Falk SchoeningKay Jebelli

Sharing Economy: European Parliament call for EU level guidance on employment and social security questions

To regulate or not to regulate: This question becomes relevant for the sharing economy after last week’s European Parliament resolution calling for clear EU guidelines on the collaborative economy. The resolution is a response to the European Commission’s Communication on “A European agenda for the collaborative economy” from June 2016 which took a light or even non-regulation approach regarding … 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 Drones Falk Schoening

New EASA Consultation: Are Drone Pilots Heading for a Period of Regulatory Turbulence?

On 12 May 2017 the European Aviation Safety Agency (“EASA“) opened a consultation into sweeping new regulations on the operation of unmanned aircraft systems (“UAS” or drones) in European airspace. Individuals and companies that are interested in the future of UAS operations in the European Union (“EU”) should carefully review the Notice of Proposed … 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 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 Data Protection & Privacy Tim Wybitul

Interview with Jan Albrecht, Dr. Stefan Brink and Tim Wybitul on the New German Data Protection Bill

On 1 February 2017, the German federal cabinet adopted a draft data protection bill. The planned implementation statute aims to supplement and further define the EU General Data Protection Regulation, which will come into force in 2018. The Chronicle of Data Protection’s summary of the most relevant aspects of the draft bill can be found here. We turn now … Continue Reading

Posted in Internet, Technology, Telecoms & Broadband

Data Without Borders: Hogan Lovells Winnik Forum Addresses International Considerations for the Growth and Development of a Connected World

The Internet of Things (“IoT”) connects markets and supply chains around the world.  Industry, governments and consumers around the world are embracing IoT technologies to improve research and public policy, to accelerate service delivery and to monitor global development programs across healthcare, agriculture, natural resource management, climate, and energy sectors.  Industry experts project that between 20 to 30 billion IoT … Continue Reading

Posted in Data Protection & Privacy Eduardo Ustaran

EU-U.S. Umbrella Agreement Gets ‘Amber Light’ from Article 29 Working Party

The Article 29 Working Party issued a revealing statement about the so-called EU-U.S. Umbrella Agreement, which is aimed at creating a high-level data protection framework in the context of transatlantic cooperation on criminal law enforcement.

As a sign of support for the deal, the Working Party welcomes the initiative to set up a general data protection framework in relation to … Continue Reading

Posted in Technology Falk SchoeningKay Jebelli

European Commission eyes new European rules for Big Data and Competition law

Earlier today Margarethe Vestager, the European Competition Commissioner, delivered a speech about Big Data and Competition law. The Commissioner made several key points that emphasize the growing economic and competitive significance of data and data aggregation. More importantly, the Commissioner announces that she will propose a new EU Directive to ensure the consistent application of competition law on big … Continue Reading

Posted in Data Protection & Privacy

Recording and Deck from Webinar: Privacy Shield: What You Need to Know

Thank you to everyone who tuned into our webinar “Privacy Shield: What You Need to Know.”

In this complimentary webinar, Julie Brill, Tim Tobin, and Bret Cohen of Hogan Lovells’ Washington office, and Eduardo Ustaran of our London office explored:

  • What do companies need to do to sign up to the Privacy Shield?
  • How do companies demonstrate compliance with the
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Posted in Digital Single Market (EU), Policy & Regulation

Webinar recording: The Brexit Effect on European TMT and the Digital Single Market

Earlier this week, four Hogan Lovells partners met virtually and discussed the impact of Brexit on the Commission’s Digital Single Market strategy as announced on 6th of May 2015 (COM(2015) 192 final) and as currently put into practice by way of numerous legislative initiatives. Don McGown (London), Winston Maxwell (Paris), Nils Rauer (Frankfurt) and Falk Schoening (Brussels) … Continue Reading

Posted in Digital Single Market (EU)

Webinar invitation: The Brexit Effect on European TMT and the Digital Single Market

The UK has voted to Leave the EU. We wait to see if, when and how that happens and what the UK’s future relationship with the 27 other Member States will look like.

At the same time the EU has embarked on the Digital Single Market (DSM) initiative to apply “single market” principles to the digital economy and promote the … Continue Reading

Posted in Data Protection & Privacy Victoria Hordern

mHealth Code to Aid App Developers in the EU

There have been some pretty big claims about the potential of mHealth. One 2012 study predicted that in 2017 mHealth could potentially save a total of USD $99 billion in healthcare costs across the EU. The European Commission has also actively promoted the importance of mHealth following their 2014 consultation. One of the initiatives to emerge from the Commission has … Continue Reading

Posted in Data Protection & Privacy

Future-Proofing Privacy: The Concept of Personal Data Revisited

Pseudonymisation enters the stage

Along with the concept of personal data, as opposed to anonymous data, the Regulation introduces a third category, that of pseudonymous data. Pseudonymous data is information that no longer allows the identification of an individual without additional information and is kept separate from it. Pseudonymisation, while granting higher data security, also enhances data utility. In exchange … Continue Reading

Posted in Data Protection & Privacy Victoria Hordern

The EU General Data Protection Regulation: A Brave New World for Processors

Significant changes are afoot for processors. With the text of the European Union General Data Protection Regulation (GDPR) now published, processors will need to begin to acclimatise to the new regime under the GDPR. Although the GDPR still places the lion’s share of compliance responsibilities on controllers, it also extends direct application of the law to processors and renders them … Continue Reading

Posted in Data Protection & Privacy Eduardo UstaranHarriet PearsonBret CohenKatherine Gasztonyi

First Look: EU–U.S. Privacy Shield

On February 29, 2016, and after more than two years of negotiations with the U.S. Department of Commerce, the European Commission released its draft Decision on the adequacy of the new EU–U.S. Privacy Shield program, accompanied by new information on how the Program will work. The Privacy Shield documentation is significantly more detailed than that associated with its predecessor, the … Continue Reading