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 … Continue Reading
|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:
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
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 “… Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading