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
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
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
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
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
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
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.
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
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
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
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.
First of all, the Digital Bill only provides a duty of loyalty and transparency … Continue Reading
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
The European Commission’s newly published geo-blocking issues paper concludes that geo-blocking practices are widespread across sales of both consumer goods and digital content.
The Commission has reconfirmed its intention to look carefully at such practices under the EU competition rules particularly where underpinned by agreements. This suggests a range of distribution and licensing arrangements are likely to be subject to … Continue Reading
Leaving in place the lower court’s €1million damages award, the Paris Court of Appeals recently held that the live streaming website “PlayTV” infringed both the broadcaster’s “neighboring rights” in the broadcast, and the copyright in the underlying programs. This part of the decision is not a surprise. It confirms that picking up broadcast signals, and making the programs available via … Continue Reading
Connected cars will generate large volumes of data, including data on engine performance, location and driver behaviour. The European Commission has convened multi-stakeholder groups to figure out how to organize access to that data in a safe, competitively neutral and privacy-friendly way. Two recent reports shed light on the principles that should apply to any data sharing infrastructure.
Policy conversations … Continue Reading
After a broad public consultation, the French government has introduced into Parliament a proposed law that would constrain the activities of digital service providers. As discussed below, the proposal contains several controversial elements.
Data portability. The most controversial part of the proposal would require online service providers to transfer user data to other competing service providers if the user so … Continue Reading
Personal data is an important aspect of most M&A transactions because almost all businesses store information about their employees and customers. For some deals, data is critical, and there is a trend among regulators on a global scale to increase sanctions over data privacy and security violations. There is also a risk that data protection violations may render a deal … Continue Reading
In a recent column for The New York Times, Nils Muiznieks, the top human rights official for the Council of Europe, warned that recent surveillance laws in Europe undermine fundamental rights for European citizens. Plus, an October 29, 2015, resolution of the European Parliament complains of an “obvious downward spiral” resulting from mass surveillance laws in the U.S. and … Continue Reading
On 6 October 2015, the Court of Justice of the European Union (CJEU) declared the EU-US Safe Harbor framework invalid as a mechanism to legitimize transfers of personal data from the EU to the US. This decision effectively leaves any organisation that relied on Safe Harbor exposed to claims that such data transfers are unlawful.
Safe Harbor was jointly devised … Continue Reading
Adopted by Parliament in June 2015, France’s new surveillance law was ratified by the President on July 24, 2015 and published in France’s Official Journal on July 26, 2015. France’s Constitutional Court (“Court”) reviewed the law prior to its ratification and issued an opinion on July 23, 2015 requiring deletion of certain measures that the Court felt were incompatible … Continue Reading
On 11 June 2015, Hogan Lovells’ Paris office hosted a seminar on cybercrime, focusing on practical ways for companies to address cybersecurity challenges.
Whether it takes the form of thefts or misappropriation of personal data or of attacks against a computer system or website, cybercrime is a threat that has considerably increased over the last years and that all companies … Continue Reading
Security concerns and the need to increase cyber security measures have recently boosted the use of Bring Your Own Device (BYOD) policies in France. Recent events have exacerbated fears of data breaches and hacking for IT managers who were not overly concerned before. As a consequence, IT security teams are seeking to apply the same security and device management systems … Continue Reading
On February 17, 2015, France’s telecommunications regulator, ARCEP, voiced support for imposing a duty of fairness on digital platforms, with additional regulatory obligations to be imposed on so-called “major” platforms. As discussed below, because many key questions remain unanswered, it would be prudent for companies operating in this space to continue monitoring for new developments.
Like the United States, France has a broadly-worded consumer protection statute prohibiting unfair clauses in consumer contracts (the French term is “clauses abusives”). What constitutes an “unfair” clause is in some cases fixed by regulation. But in many cases, the term is left to the interpretation of the courts and France’s consumer protection agency, the DGCCRF. France created an advisory … Continue Reading