On Friday 16 July 2020, the UK communications regulator, Ofcom, published a consultation on video-sharing platform regulation, calling for views by 24 September 2020. The UK government intends to introduce a new statutory framework this Autumn to implement the revised Audio-Visual Media Services Directive, including new obligations on UK-established video-sharing platforms (which the consultation says might include platforms such as TikTok and Twitch). This is an interim regime for the regulation of UK video-sharing platforms until the new online harms framework comes into force. Ofcom is seeking views now from
Oliver Wilson
UK regulator publishes consultation on video-sharing platform regulation
The impact of the Geo-blocking Regulation after Brexit
In anticipation of the UK’s withdrawal from the European Union, the European Commission has released a Notice to Stakeholders on the impact of Brexit on the incoming rules on geo-blocking (the “Notice“). The Geo-blocking Regulation (Regulation (EU) 2018/302) was adopted by the EU on 27 February 2018 and will apply from 3 December 2018 (see our blog here), prohibiting online sellers (from the EU, UK or any other third country) who direct sales to customers in an EU Member State from discriminating against customers elsewhere in the EU based on
House of Lords issues report on digital advertising market
Yesterday the House of Lords published a report into the UK’s digital advertising market. It includes: a call for a CMA study into whether the market is working fairly for businesses and consumers; proposals for enhancing workforce skills and attracting international talent; and, for those who have been involved the debate about digital ads, it covers some familiar themes: Measuring ad effectiveness. While acknowledging the undoubted benefits of digital advertising, the report cites calls from advertisers to improve the standards for what counts as an ad view for the purposes
The Digital Single Market: Geoblocking regulation ready to be enacted!
The new provision on the banning of unjustified geoblocking in online sales is at the heart of the EU Commission’s aspiration and effort to create a real Digital Single Market within the European Union. The term “geoblocking” stands for any type of technical or contractual discrimination based on the nationality or residence of a customer. It is a common phenomenon on today’s Internet. Users are often rerouted and offered differing conditions and prices depending on their IP address. The core aim of the now finalised regulation is to prevent discrimination for
EU ends unjustified geoblocking
What has happened? The European Union will end unjustified geoblocking for consumers wishing to buy products or services online within the EU before the end of next year. What does this mean? The European Parliament, the Council and the Commission have reached an agreement whereby consumers will be able to buy goods and services online from any EU country. The EU expects that the new rules will boost e-commerce for the benefit of consumers and businesses. In effect, people in the EU will now be able to buy products online,
The DSM and e-commerce reforms: the consumer rules
Towards the end of 2015 the European Commission delivered two proposals for reforms to the EU’s e-commerce regulatory landscape (the “Draft Directives”): a proposal for a directive to harmonize rules regarding the supply of digital content (the “Digital Content Directive”); and a proposal for a directive to harmonize rules regarding the distance sale of goods (the “Distance Goods Directive”). These proposals form part of the Commission’s Digital Single Market strategy and were promised in the wide-ranging working paper produced earlier in 2015. Together with a proposal regarding the portability of
DSM WATCH: Draft Proposal For Geo-Blocking Regulation Leaked
News site Politico this week leaked a draft proposal for an EU Regulation on addressing geo-blocking and other forms of discrimination based on place of residence or establishment, or nationality within the Single Market. (And as a reminder – the phrase “geo-blocking” in this context refers to access limitations to websites generally rather than blocking audio-visual content – and indeed this is specifically excluded from the scope of the proposal (see below).) As we reported earlier (see here and here), this proposal was expected and follows from the e-commerce sector
UK Government workshop on EU digital contract proposals
DSM Watch: on 24 February the UK Government’s Department for Business, Innovation and Skills (BIS) organised a conference in London on the European Commission’s proposals under its Digital Single Market (DSM) strategy for the directive for distance sales of goods and the directive for the sale of digital content. Our DSM Task Force team is a multi-jurisdiction, cross-practice group working together to keep you informed as the initiatives under the DSM strategy roll out. The workshop was attended by Baroness Neville-Rolfe (a BIS minister), Director-General Tiina Astola (DG Justice and Consumers) as well
CJEU Debates Limits on TV Advertising in Europe
In its decision in Sanoma Media v Viestintävirasto the Court of Justice of the European Union signals a technical but potentially significant clarification in the application of the Audio Visual Media Services (AVMS) Directive. This may trigger some national regulators to re-examine their approach and some broadcasters may, in turn, face pressure to adjust the amount of advertising content within their schedules or their presentation of that content. The Directive, currently subject to possible review as part of the Digital Single Market initiative, is the foundation of much of the
DSM Watch – first legislative proposals for e-commerce reform due on 9 December 2015
The European Commission is planning to put forward the first legislative proposals under its Digital Single Market strategy on 9 December. The proposals will fall within the ambit of “Better access for consumers and businesses to digital goods and services across Europe” – but that covers a range of different issues, so we’re still not sure what will emerge by the end of the year. As a reminder, the Commission has been looking at the following issues in this area: