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

Winston Maxwell

Posts by Winston Maxwell
Posted in Data Protection & Privacy, Policy & Regulation Winston MaxwellHarriet PearsonJohn SalmonEduardo Ustaran

Getting to data nirvana – understanding data value and ownership

“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

Posted in Data Protection & Privacy, Policy & Regulation Winston MaxwellPatrice Navarro

One day before the entry into force of the GDPR, the French bill is adopted… but referred to the French Constitutional Council (“Conseil Constitutionnel”)

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

Posted in Cybersecurity, Data Protection & Privacy Timothy TobinWinston Maxwell

Straight Talks podcast: Data privacy and cybersecurity in the age of rolling smart devices

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

Posted in Digital Single Market (EU), Policy & Regulation Dr. Nils RauerWinston MaxwellOliver Wilson

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 … Continue Reading

Posted in Data Protection & Privacy Winston MaxwellPatrice Navarro

Hosts of health data: certified compliant!

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

Posted in Data Protection & Privacy Winston Maxwell

European Commission and Article 29 Working Party Urge Respect for International Law in Data Cases

Territoriality will continue to be one of the most vexing problems for data regulation in 2018.  One aspect of this debate relates to whether a U.S. judge can compel the disclosure of personal data located in Europe without using international treaty mechanisms.  This issue is currently being considered by the United States Supreme Court in the case United States v. Continue Reading

Posted in Digital Single Market (EU) Dr. Nils RauerFalk SchoeningWinston MaxwellPeter WattsMarco 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
Continue Reading
Posted in Data Protection & Privacy Winston Maxwell

DSM Watch: Stakes high for IoT industry in European ePrivacy debate

Following the European Commission and European Parliament’s proposed versions of the EU Regulation on Privacy and Electronic Communications (the ePR), we are now waiting for the Council of the European Union to agree their position before discussions between the three bodies can begin. A discussion paper from the Bulgarian Presidency of the Council dated 11 January 2018 (the PaperContinue Reading

Posted in Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), Drones, Internet, Policy & Regulation, Technology, Telecoms & Broadband Peter WattsWinston MaxwellMichele Farquhar

TMT Horizons 2018

2018 will be another dramatic year for TMT. Our job is to help TMT businesses to chart a course through by bringing together the insights of over 800 lawyers who focus on the sector across six continents. That is why we have asked some of our top thinkers globally to provide a snapshot of their vision for the coming year. … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation, Technology Winston Maxwell

Should we regulate artificial intelligence?

Hogan Lovells partner Winston Maxwell spoke on October 12, 2017 at a conference on artificial intelligence organized by the French think tank “Le Club des Juristes”. What follows is an English version of his prepared remarks.

Artificial intelligence (“AI”) permits valuable new applications for society. Autonomous vehicles will increase safety and reduce pollution. Voice recognition could make computer keyboards obsolete. … Continue Reading

Posted in Data Protection & Privacy, Internet, Policy & Regulation, Technology, Telecoms & Broadband Julie BrillWinston MaxwellMichele Farquhar

Hogan Lovells academic all-stars debate hot tech topics

On 17 March Hogan Lovells hosted a live webinar where several of our Global TMT thought leaders interviewed a panel of academic experts from our Law and Technology Academic Advisory Council on the key legal and tech trends for 2017, including regulation of artificial intelligence, competition law and big data, global privacy and copyright trends, and the future of broadband … Continue Reading

Posted in Digital Single Market (EU) Peter WattsWinston MaxwellMathias SchönhausDina JubrailDr. Nils RauerMarco 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 … Continue Reading

Posted in Digital Single Market (EU) Winston MaxwellFalk SchoeningDr. Nils RauerRod Freeman

DSM Watch: European Commission’s data package explores data ownership, localization, liability and portability, highlighting tensions with GDPR

On January 10, 2017, the European Commission released a Communication, a fact sheet, a working document and a public consultation relating to Europe’s “data economy”.   The fact sheet states that “data is a new type of economic asset”, which is essential for innovation and growth. The Commission’s objective is to remove “unjustified restrictions” and “legal uncertainties” in order … Continue Reading

Posted in Technology Winston MaxwellRichard DiffenthalLewis Cohen

Three examples of blockchain smart contracts – Internet of Things, commercial paper and daos

For thousands of years, society has recorded information in ledgers, ranging from clay tablets, books through to cloud based computer systems. Despite the advance of technology, all of these ledgers have effectively been siloed with access (or “permission”) to write and read information generally being restricted.

Blockchain is a new technology that flips the traditional model of a ledger upside … Continue Reading

Posted in Data Protection & Privacy, Technology Timothy TobinWinston Maxwell

European Commission Outlines Data Sharing Strategy for Connected Vehicles

Connected vehicles today are rolling computers able to exchange information wirelessly with manufacturers, other vehicles, and third party service providers to significantly improve safety, efficiency, and comfort for drivers.  Many entities are interested in the data these connected vehicles generate and transmit.  These entities include dealers and repair shops, vehicle fleet service providers, end-users, infrastructure operators, diagnostics providers, researchers, financial … Continue Reading

Posted in Technology Winston MaxwellRichard Diffenthal

Does blockchain’s trust architecture make dumb contracts smarter?

In a thought-provoking paper presented at this year’s TPRC Research Conference on Communications, Information and Internet Policy, Internet scholar Kevin Werbach explains how the use of blockchain technology creates a new kind of trust architecture, which Werbach calls “trustless trust.”

Most existing trust relationships are based on a centralized “Leviathan” trust architecture where the state or another centralized authority … Continue Reading

Posted in Digital Single Market (EU), Internet, Policy & Regulation Winston Maxwell

DSM Watch: Hogan Lovells partner discusses net-neutrality at BEREC forum

Below are the remarks of Winston Maxwell at the October 17, 2016 BEREC stakeholder forum in Brussels.

The FCC’s open Internet order and the BEREC guidelines on net neutrality are similar in how they analyze commercial offers by ISPs and practices such as zero rating. Both BEREC and the FCC recognize that commercial practices do not lend themselves to a … Continue Reading

Posted in Data Protection & Privacy Winston MaxwellTimothy Tobin

ENISA Jumpstarts Connected Car Cybersecurity Study for EU

With attention to connected car cybersecuity issues increasing globally, the European Union Agency for Network and Information Security (ENISA) is leading the EU’s first bloc-wide initiative to identify cybersecurity rules of the road for connected cars. On July 13, ENISA announced a study aimed at creating a comprehensive list of cybersecurity policies, tools, standards, and measures to enhance security in … Continue Reading

Posted in Digital Single Market (EU) Winston Maxwell

DSM Watch: Commission official and industry experts discuss “problem-based” approach to platform regulation

Digital Europe‘s June 22, 2016 debate on platform regulation featured Anna Herold, Member of Cabinet of Commissioner Oettinger, Patrice Chazerand, Director, Digital Europe, Pieter Nooren, from the Dutch think tank TNO and Hogan Lovells partner Winston Maxwell.

Ms. Herold emphasized the “problem-based” approach to platform regulation put forward by the Commission’s recent communication on platforms, … Continue Reading

Posted in Broadcasting, Digital Single Market (EU) Winston MaxwellMarco BerliriAlberto BellanEva 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 “… Continue Reading

Posted in Data Protection & Privacy Julie BrillWinston Maxwell

A Brief Analysis of the European Parliament and the Article 29 Working Party’s Criticisms of Privacy Shield

Unveiled February 29, 2016, the new EU-U.S. Privacy Shield attempts to address the shortcomings of the Safe Harbor arrangement identified originally by the European Commission and later by the Court of Justice of the European Union (CJEU) in its Schrems decision.  The Privacy Shield proposes improved data protection principles, better enforcement by the US Department of Commerce and the Federal … Continue Reading

Posted in Data Protection & Privacy Winston Maxwell

CNIL’s New Role: Overseeing Website Blocking

In an April 15, 2016 report, the French Data Protection Authority, the CNIL, provided details about its little-known responsibility as overseer of the French police’s website-blocking powers.  The French legislature gave the CNIL this new role in a November 13, 2014 law designed to enhance French police powers against terrorism. The 2014 law increased French police and intelligence agencies’ … Continue Reading

Posted in e-commerce, Internet Christine GateauWinston MaxwellPauline Faron

French Digital Bill: what obligations are imposed on platforms?

In our previous update, which can be found here, on the French bill “for a Digital Republic” (“Digital Bill”), we discussed the vague notion of platforms.

Here is what you should know about the obligations which are likely to be imposed on platforms.

Loyalty obligation

First of all, the Digital Bill only provides a duty of loyalty and transparency … Continue Reading

Posted in Digital Single Market (EU), Policy & Regulation Falk SchoeningWinston MaxwellChristian Ritz

DSM Watch: Opposition growing to the regulation of online platforms

When the European Commission in its Communication on a Digital Single Market Strategy for Europe (DSM) of 6 May 2015 committed to assess the role of online platforms, questions were raised whether this was the start of a new regulation of platforms. In this context, on 24 September 2015 the Commission launched a public consultation seeking views to better understand … Continue Reading