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

Tag Archives: UK

Posted in Data Protection & Privacy

State of the Cyber Nation: UK Government Report on Cybersecurity Breaches

On 19 April 2017, the UK Government’s Department for Culture, Media and Sport (DCMS) published a report on cybersecurity breaches and how they affected UK companies in the last year. Headline statistics from the report include:

  • 61% of businesses hold personal data electronically;
  • 46% of all UK businesses identified at least one cybersecurity breach in the past year, rising to
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Posted in Data Protection & Privacy Mac Macmillan

UK ICO Requests Input for Guidance on GDPR Profiling Requirements

The UK ICO has published what it describes as a feedback request on profiling and automated decision-making, with the intention that responses will “help inform the UK’s contribution to the WP29 guidelines due to be published later this year.”

Given the growing importance of profiling to most businesses,  companies should consider whether they wish to contribute their views, particularly on … Continue Reading

Posted in Data Protection & Privacy Mac Macmillan

UK ICO Publishes Guidance on Consent Under GDPR

The UK Information Commissioner’s Office has just published draft guidance on consent under GDPR. This is an interesting move given that the Article 29 Working Party has promised guidance on the same topic later this year, but reading the guidance makes it clear why the ICO decided to prioritise it: many of the practices which it identifies as unacceptable are … Continue Reading

Posted in Data Protection & Privacy Victoria Hordern

Health Company Fined by UK’s Information Commissioner Office

Last week, the UK’s Information Commissioner’s Office (ICO) published a monetary penalty notice which fined a private healthcare company, HCA International, £200,000 for its failure to keep sensitive data secure.

In this instance, several data protection compliance issues were at stake – HCA had engaged a subcontractor based in India to process sensitive personal data without putting an agreement in … Continue Reading

Posted in Data Protection & Privacy Eduardo Ustaran

ICO Turns Spotlight on Data Broker Industry

Data brokers are organisations that obtain data from a variety of sources and then sell or license it to third parties. Many trade in personal data, which is purchased by their customers for several purposes, most commonly to support marketing campaigns. In 2012, data brokers’ trade in personal data was reported to have generated over $150 billion in revenue.

The … Continue Reading

Posted in Data Protection & Privacy Eduardo UstaranVictoria Hordern

The CJEU Gives the UK Government Another Brexit Dilemma

In yet another key case dealing with the balance between citizens’ privacy and the ability of the state to intrude into it, the Court of Justice of the European Union (CJEU) has ruled on the compatibility with European Union law of legislation that authorises the retention of communications data, which includes personal data. The reference from the UK Court of … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Jamie PollockAlice Wallace-Wright

A conscious uncoupling: Ofcom’s proposals for Openreach

Ofcom’s announcement of plans to make Openreach a “legally separate” company within BT have been met with muted cheers from some in the telecoms world, while others caution that the proposals do not go far enough to ensure the UK gets the investment it needs.

In February of this year, the regulator set out a ten-year vision for ensuring the … Continue Reading

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 Policy & Regulation, Telecoms & Broadband

Brexit, Three/O2 and the end of joined-up merger control?

This week’s intervention by the Competition and Markets Authority in the ongoing, hard-fought review of CK Hutchison’s bid for O2 UK supports the views already expressed by the EU competition commissioner and reflects a closeness of interaction between European regulators. But this closeness could disappear if the UK votes to leave the EU in June.

The review of the dealContinue Reading

Posted in Data Protection & Privacy Eduardo Ustaran

Why Silicon Valley Should Care About the UK Investigatory Powers Bill

The need for proper and legitimate powers to enable intelligence and law enforcement agencies to do their job and keep everyone safe requires little justification. We live in a dangerous and uncertain world where anyone can be a victim of intolerance. So in a show of political awareness and legislative dexterity, the UK government is currently seeking to adopt a … Continue Reading

Posted in Data Protection & Privacy Lilly Taranto

Recap on the ICO Stance on Data Security

The UK’s Information Commissioner’s Office (ICO) is known to prefer an “engaging” rather than an enforcement approach with organisations.  However, when looking at the “action we’ve taken” page on the ICO website the ICO’s enforcement activity seems to be increasing by the day.  While the ICO has stated that it wants to focus its enforcement efforts going forward on unsolicited … Continue Reading

Posted in Copyright Penny Thornton

UK High Court quashes copyright exception for private copying

Last month we reported on the case of BASCA v Secretary of State for Business and Innovation in which Green J held that the Government’s introduction of a UK “private copying” exception was unlawful. On 17 July 2015 Green J handed down a follow-up judgment quashing the regulations that introduced the private copying exception. This means that, going forward, the … Continue Reading

Posted in Copyright, Policy & Regulation Penny Thornton

UK High Court holds government’s introduction of a private copying exception was unlawful

On 19 June 2015, Green J handed down his judgment in British Academy of Songwriters, Composers and Authors (BASCA) and Secretary of State for Business Innovation and Skills. The case involved a judicial review of the Secretary of State’s decision to introduce an exception into UK copyright law that allows individuals to make copies of copyright works they have … Continue Reading

Posted in Internet, Policy & Regulation Conor Ward

Amendments to UK Hacking Legislation under The Serious Crime Act 2015 come into force

Amendments to the Computer Misuse Act 1990 (“CMA”) introduced by Part 2 of the Serious Crime Act 2015 (“2015 Act”) came into effect on the 3rd May 2015. The 2015 Act makes 4 changes to the CMA, in particular these:

  • Create a new offence to ensure that the most serious cyber attacks attract penalties commensurate with the harm caused;
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Posted in Policy & Regulation

Taxation of the Digital Economy

The emergence of a digital economy presents challenging tax questions. The non-tangible nature of the new technologies affects the ability of the tax authorities to successfully tax digital transactions and leads to a shortfall in fiscal revenue. Governments are therefore trying to reform their tax rules in order to be able to tax part of the profits made by digital … Continue Reading

Posted in Broadcasting, Internet, Policy & Regulation, Telecoms & Broadband

UK: A New Chief Executive for Ofcom at a Pivotal Time for the Telecoms and Media Industry

After Ed Richards announced in October 2014 that he would step down as Ofcom Chief Executive at the end of the year, the hunt for his successor was on and in late December 2014, the Ofcom Board announced the appointment of Sharon White as Chief Executive.

Steve Unger, Ofcom’s Strategy head, is acting as interim chief executive until Ms … Continue Reading

Posted in Copyright, Policy & Regulation Penny Thornton

New UK licensing scheme for use of orphan works

On 29 October 2014 the UK government released its orphan works licensing scheme (the “Scheme”). An “orphan work” is a copyright work or performance for which one or more of the right holders is either unknown or cannot be found after a diligent search.

Under the Scheme any person wishing to use an orphan work for commercial or non-commercial purposes … Continue Reading

Posted in Policy & Regulation Mark Taylor

Survey Exposes Gaps in UK Companies’ Readiness for Cyber Threats

A recent survey from the UK Government’s Department for Business, Innovation & Skills has highlighted that the majority of FTSE 350 firms are not regularly taking cyber risks into account in their decision making. Despite a growing international trend in cyber crime targeted at businesses, the survey showed that only 14 percent of FTSE 350 companies regularly consider cyber threats, … Continue Reading