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

Marco Berliri

Posts by Marco Berliri
Posted in Data Protection & Privacy, Policy & Regulation Photo of Massimiliano MasnadaPhoto of Marco Berliri

GDPR Italian Implementing Decree Has Been Published

On 4 September, the Legislative Decree no. 101 of 10 August 2018 (the “Decree”) for the national implementation of General Data Protection Regulation (EU) 2016/679 (the “GDPR”) has been published in the Official Journal. The approach of the legislator was to maintain the structure of former Legislative Decree 196/2003 (the “Privacy Code”) which, however, has been extensively amended and integrated, and now contains only some residual provisions in addition to those of the GDPR which are directly applicable. The Decree will enter into force on 19 September 2018. The Decree first of all integrates the provisions of the GDPR

Posted in Digital Single Market (EU) Photo of Falk SchoeningPhoto of Winston MaxwellPhoto of Peter WattsPhoto of Marco Berliri

Tomorrow’s landscape for digital business – The Digital Single Market becomes real!

DSM – What is it about? In 2018, we will see new EU legislation being widely implemented as part of the EU Commission’s Digital Single Market (DSM) Strategy. The amendments to the current legal framework are far reaching and will potentially be game changing. Some of the key areas to be affected will be:   — Unjustified geo-blocking — Copyright law — Audio-visual media services (AVMS) — Internet broadcasting — Free flow of data / Cloud Services — VAT regulation for online trade — Platform liability — Electronic Communications Code —

Posted in Digital Single Market (EU) Photo of Peter WattsPhoto of Winston MaxwellPhoto of Mathias SchönhausPhoto of Dina JubrailPhoto of Marco 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 e-commerce clients and why a single market would bring significant benefits: “There are too many authorities to deal with. Some of our online clients have to deal with 10 different

Posted in Broadcasting, Digital Single Market (EU) Photo of Winston MaxwellPhoto of Marco BerliriPhoto of Alberto BellanPhoto of Eva Vonau

DSM Watch: EU Commission proposes expanded audiovisual regulation

On 25th of May the European Commission published the draft for the amended Audiovisual Media Services Directive (AVMS Directive), which regulates broadcasting and on-demand audiovisual media services in Europe. The Commission’s draft extends the scope of audiovisual regulation to cover new online services. Regulation of internet video channels Currently the AVMS Directive only covers content that is comparable “to the form and content of television broadcasting” due to the definition of “programme” in the Directive. In the draft for the amended AVMS Directive this passage has been deleted while simultaneously

Posted in Entertainment & Content, Internet Photo of Marco Berliri

The Court of Rome rules on Wikimedia Foundation’s role as a hosting provider and its lack of liability for Wikipedia’s content

On July 10, 2015 the Court of Rome issued a very important decision in favor of Wikimedia Foundation (the organization managing the online encyclopedia Wikipedia), represented by Hogan Lovells, in relation to the Foundation’s lack of liability for the content created by its users. The Court has confirmed the Foundation’s role as hosting provider as well as its neutral role in relation to the hosted content, recognizing the procedure provided by Wikimedia to all  Wikipedia’s contributors (the so called Wiki model) as the correct method to follow for amending Wikipedia

Posted in Data Protection & Privacy, Policy & Regulation Photo of Marco BerliriPhoto of Massimiliano MasnadaPhoto of Sian Rudgard

Part 5: New and Stronger Rights

What’s the deal? The Regulation aims to strengthen the rights of individuals. It does so by retaining rights that already exist under the Data Protection Directive and introducing the new rights of data portability, the right to be forgotten, and certain rights in relation to profiling. In this chapter we look at each of these rights in turn and assess the likely practical impact that the changes brought about by the Regulation will have on organisations. Clearer information provision Consumer groups often complain that information notices are too long and

Posted in Copyright, Internet, Policy & Regulation, Telecoms & Broadband Photo of Marco Berliri

The Court of Appeal of Milan rules on Yahoo’s liability with respect to copyright infringement

In January 2015 the Court of Appeal of Milan issued a landmark decision on ISPs’ liability in relation to video-sharing platforms, which might finally settle the current case law in Italy in this area. One of the main findings of the decision is the irrelevance of the distinction between active and passive providers, which had traditionally been taken into account by Italian courts to rule that, if the hosting provider activity entails some kind of “active” involvement, the liability regime set forth by EU Directive 2000/31/CE (the “E-Commerce Directive“) would

Posted in e-commerce, Internet, Policy & Regulation Photo of Marco Berliri

Italian Consumer Code amended: more protection for consumers in online contracts

On 12 March 2014 the Legislative Decree no. 21 of 2014 implementing the EU Consumers Directive 2011/83/UE (the “Decree“) has been published on the Italian Official Journal. The new provisions will enter into force on June 13, 2014 and will apply to contracts concluded after such date, replacing articles 45-67 of the Italian Consumer Code. Continue reading for a summary of the main changes

Posted in Data Protection & Privacy, Internet Photo of Marco Berliri

Italy: Court of Milan overturns 2010 convictions of Google executives over bullying video

In a decision receiving considerable international attention since three senior Google executives were convicted by a Milan trial court for privacy violations in 2010 associated with the uploading of a video to a Google Video (a Google YouTube predecessor), the Court of Appeals of Milan on 21 December 2012 ruled that “no crime has been committed” and exonerated the three executives.  The convictions of Peter Fleischer (Chief Privacy Counsel), David Drummond (General Counsel) and George Reyes (former Chief Financial Officer) stemmed from a  video taken by a student with a mobile phone