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

Winston Maxwell

Posts by Winston Maxwell
Posted in Copyright, Policy & Regulation Penny ThorntonAlastair ShawMorten PetersennWinston MaxwellBenedikt LüthgeAlberto BellanAnne Schmitt

DSM Watch: EU Copyright Directive clears the finish line

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

Posted in Copyright, Digital Single Market (EU) Penny ThorntonAlastair ShawMorten PetersennWinston MaxwellBenedikt LüthgeAlberto BellanAnne Schmitt

DSM Watch: EU Copyright Directive clears the finish line

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

Posted in Copyright, designs, intellectual property, Policy & Regulation Alastair ShawPenny ThorntonWinston MaxwellMorten PetersennAlberto BellanAnne SchmittBenedikt Lüthge

DSM Watch: Navigating Article 13 (now 17) of the Copyright Directive

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

Posted in Copyright, Digital Single Market (EU), intellectual property, Policy & Regulation Benedikt LüthgeAlastair ShawPenny ThorntonWinston MaxwellMorten PetersennAlberto BellanAnne Schmitt

DSM Watch: Copyright Directive press publishers’ rights: final edition of Article 11 is now Article 15

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

Posted in Copyright, Digital Single Market (EU) Penny ThorntonAlastair ShawWinston MaxwellMorten PetersennAnne SchmittBenedikt LüthgeAlberto Bellan

DSM Watch: EU Copyright Directive passed by European Parliament

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

Posted in Internet, Policy & Regulation, Telecoms & Broadband Winston MaxwellMark BrennanArpan Sura

Study shows complexity and uncertainty of IoT regulation in Europe

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

Posted in Copyright, Digital Single Market (EU), Policy & Regulation Alastair ShawPenny ThorntonWinston MaxwellMorten PetersennAlberto BellanAnne SchmittBenedikt Lüthge

DSM Watch: EU Copyright Directive, the big picture

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

Posted in Data Protection & Privacy, Policy & Regulation Winston MaxwellChristine Gateau

An Approach for Setting Administrative Fines Under the GDPR

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

Posted in Internet, Policy & Regulation Winston Maxwell

Using artificial intelligence to fight hate speech

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

Posted in Data Protection & Privacy, Policy & Regulation, Technology Winston MaxwellJohn Salmon

EU: Are blockchain and data protection incompatible?

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

Posted in Cybersecurity, Data Protection & Privacy, Licensing, Policy & Regulation, Technology Winston MaxwellMark BrennanArpan Sura

Hogan Lovells publishes Demystifying the U.S. CLOUD Act

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

Posted in Data Protection & Privacy Christine GateauWinston MaxwellEduardo Ustaran

The General Data Protection Regulation timidly opens the doors to data class actions in Europe

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

Posted in Data Protection & Privacy Christine GateauWinston MaxwellChristelle CoslinPauline Faron

French initiatives: “class action” or “collective action” for personal data protection?

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

Posted in Data Protection & Privacy Christine GateauWinston MaxwellEduardo Ustaran

Four key lessons when facing data class actions in Europe

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.

Damages

In the US, many class actions are dismissed for lack of ‘standing’, i.e. because the litigants do not demonstrate that … Continue Reading

Posted in Data Protection & Privacy Winston MaxwellHarriet PearsonJohn SalmonEduardo Ustaran

Getting to data nirvana – a user’s guide to data lakes and GDPR

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.

The infrastructure phase

Here, the guide covers:

  • Identify the entity that is
Continue Reading
Posted in Data Protection & Privacy Winston MaxwellSam Choi

The starting point for a big data project: the privacy impact assessment

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

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

Getting to data nirvana – regulatory silo-busting to optimize risk management

“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 MaxwellHarriet PearsonJohn SalmonEduardo Ustaran

Getting to data nirvana – using the GDPR to create data value

“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 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 Winston 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