On Monday, April 29th 2019, policy makers and industry representatives from different IoT ‘verticals’ (agriculture, automotive, health, energy, aerospace) gathered in Brussels at the initiative of Vodafone to launch a conversation about the future policies applicable to the Internet of Things (IoT) in Europe.
Global Players Require Global Regulation
The debate emphasized how global any approach to IoT regulation should … Continue Reading
On 15th April the Council of the European Union adopted the EU Copyright Directive (the “Directive”), ending a negotiation process which first started with the Commission’s proposal for a new Directive in early 2016. After publication in the Official Journal of the EU, Member States will have two years to implement the Directive. In Council the UK voted to adopt … Continue Reading
Today the Council of the European Union adopted the EU Copyright Directive (the “Directive”), ending a negotiation process which first started with the Commission’s proposal for a new Directive in early 2016. After publication in the Official Journal of the EU, Member States will have two years to implement the Directive. In Council the UK voted to adopt the Directive, … Continue Reading
On 26 March 2019 the EU Parliament voted to pass the draft Copyright Directive (“Directive”) into EU law. After adoption by the EU Council (representatives of Member State governments) and official publication, the EP’s adopted text will become EU law. Member States will then have until mid-2021 to implement it into their national laws. DSM Watch has already overviewed the … Continue Reading
Yesterday (26 March 2019) the EU Parliament voted to pass the draft Copyright Directive into EU law. After adoption by the EU Council (representatives of Member State governments) and official publication, the EP’s adopted text will become EU law. Member States will then have until mid-2021 to implement it into their national laws. DSM Watch has already overviewed the whole … Continue Reading
Today the EU Parliament voted to pass the draft Copyright Directive into EU law. After adoption by the EU Council (representatives of Member State governments) and official publication, it will become EU law. Member States will then have until mid-2021 to implement it into their national laws. Despite substantial opposition from blocks of MEPs and the large numbers of the … Continue Reading
A Hogan Lovells study comparing of regulatory requirements in the European Union, United States, and China shows the complexity and uncertainty of the regulatory framework relevant to Internet of Things (IoT) in Europe. The number of telecoms regulatory constraints affecting IoT in the EU is almost twice as high as in the United States and China. Federal Communications Commission (FCC) … Continue Reading
Agreement on a compromise text for the new Copyright Directive was reached between Member State government representatives, EU Parliament representatives and the EU Commission last week (see our “Breakthrough” post). On 20 February 2019, EU Governments formally voted, by a majority, to approve that compromise text: Italy, Poland, Luxembourg, the Netherlands and Finland opposed it; Belgium and Slovenia abstained. … Continue Reading
Article 83 of the GDPR provides for two levels of administrative fines: a lower level – maximum of €10 million or 2% of the global turnover – for violations relating to record-keeping, data security, data protection impact assessments, data protection by design and default, and data processing agreements; and a higher level – maximum of €20 million or 4% of … Continue Reading
Hogan Lovells partner Winston Maxwell spoke at the executive roundtable on artificial intelligence and online hate speech, organised on January 31, 2019 by CERRE, the Centre on Regulation in Europe. The goal of the roundtable was to discuss what measures should be adopted to fight hate speech online and to look at the pros and cons of using machine-learning in … Continue Reading
Since publishing the original version of our guide to blockchain and data protection in September 2017, there has been considerable further commentary from academics, politicians and practitioners, some of which suggested that there is inherent incompatibility of blockchain systems with EU data protection law.
This updated version of our guide puts forward our views on this question, offering a more … Continue Reading
Hogan Lovells has published Demystifying the U.S. CLOUD Act, a detailed analysis of the impact of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) on non-U.S. businesses and individuals who use cloud storage solutions.
Demystifying the U.S. CLOUD Act was written by Hogan Lovells partners Winston Maxwell and Mark Brennan, and senior associate Arpan Sura.
The report … Continue Reading
More than 15 years after the adoption of the Data Protection Directive1, the European Commission noticed that the current legislative framework on data protection did not adequately deal with the risks associated with online activity2.
Acknowledging this, the General Data Protection Regulation (GDPR)3 was finally adopted by the European Parliament on 14 April 2016, entering … Continue Reading
Both the French Council of State in its annual report for 2014 as well as the National Digital Council (hereinafter, “CNNum”) in its “Digital Ambition” report voiced support for the creation of an action enabling consumers to collectively seek redress for violations of regulations protecting personal data.
However, their recommendations are different regarding the goal of this action.
After some … Continue Reading
Could the GDPR give rise to forum shopping and are there any pre-litigation strategies that should be considered? Here, we review four key elements that should be kept in mind in respect of data class actions in the EU.
In the US, many class actions are dismissed for lack of ‘standing’, i.e. because the litigants do not demonstrate that … Continue Reading
A data lake is an infrastructure that permits different data sets from within a group to be combined and analysed together.
To analyse a data lake under GDPR, it is helpful to think of a data lake in two phases, which we analyse in our user guide.
Here, the guide covers:
The era of big data is here. Although we are yet to see its full potential, the use of big data analytics is already proving invaluable to businesses and its applications have been found in numerous and diverse sectors.
However, the use of big data has also brought much controversy, particularly when it involves sensitive information, concerns children, minorities or … Continue Reading
“Getting to Data Nirvana” is our four-step approach to help you integrate your legal, regulatory and compliance work streams into your organisation’s overall data strategy.
The job of the legal and compliance teams is to make sure that their company’s data projects do not breach applicable laws.
Their task is not easy because the number of laws regulating the processing … Continue Reading
“Getting to Data Nirvana” is our four-step approach to help you integrate your legal, regulatory and compliance work streams into your organisation’s overall data strategy.
The job of the legal and compliance teams is to make sure that their company’s data projects do not breach applicable laws.
Their task is not easy because the number of laws regulating the processing … Continue Reading
“Getting to Data Nirvana” is our four-step approach to help you integrate your legal, regulatory and compliance work streams into your organisation’s overall data strategy.
The job of the legal and compliance teams is to make sure that their company’s data projects do not breach applicable laws.
Their task is not easy because the number of laws regulating the processing … Continue Reading
The General Data Protection Regulation (GDPR) will enter into force on 25 May 2018. In light of the urgency to adapt Law no. 78-17 dated 6 January 1978 to the new European Union law, the French Government has initiated an accelerated procedure. This procedure led to the adoption in final reading by the French National Assembly of the bill on … Continue Reading
The U.S. Environmental Protection Agency was created in 1970 to safeguard the environment against pollutants. The tidal wave of environmental regulations that followed impacted every industry in the United States, especially the automotive market. Decades later, organizations have internalized these regulations into their culture.
Today, the European Union’s General Data Protection Regulation (GDPR) is driving a regulatory wave of similar … Continue Reading
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 … Continue Reading
The Decree No 2018-137 of 26 February 2018 on the hosting of personal health data has been published on 28 February 2018 in the Official Journal. The Decree defines notably the arrangements for implementing the procedure for certifying hosts of health data.
Context
The Decree has been adopted pursuant to Order No 2017-27 of 12 January 2017 on the hosting … Continue Reading
