The Digital Single Market (DSM) strategy the EU Commission announced in May 2015 is about to spread its wings. 2016 saw it grow remarkably with legislative initiatives being pushed forward at various ends including the ban on geo-blocking, portability of online content (the so-called “Connectivity Package“), the “Copyright Package,” and most recently, the Commission published its … Continue Reading
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
A further step towards the reform of European copyright was taken On 29 November 2016. The Committee on Legal Affairs of the European Parliament (JURI) not only voted for a proposal for a regulation on ensuring the cross-border portability of online content services in the internal market; in its Brussels meeting, JURI also organized a public hearing regarding one specific … 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
Many digital platforms attract consumers and businesses on a global basis. It is a challenge for national regulators to enforce competition law and other regulatory provisions against such international players. Germany´s Federal Minister of Justice, Heiko Maas, argued in a similar way in an interview with the German newspaper Handelsblatt on 5 October 2016. He took a stand on the … Continue Reading
On Friday, 23 September 2016, we held a well-received webinar on the Commission’s latest package of legislative initiatives in the copyright environment. This included a concise review and summary of the six draft directives, draft regulations, communications and impact assessments the commission has bundled in its “Second Copyright Package” as published on 14 September 2016. Specifically, we touched … Continue Reading
On 14 September 2016 the Commission unveiled an ambitious overhaul of EU telecommunications law. The proposed reforms are the centrepiece of what the Commission is calling its “Connectivity Package”.
This is a bundle of legislative proposals and related initiatives released under the Commission’s Digital Single Market strategy whose common goal is to dramatically increase the speed and geographic coverage of … Continue Reading
Last week, the European Commission officially released a communication on its endeavours to modernize the EU copyright rules. The paper was accompanied by several – long awaited – legislative proposals aiming for modelling future European copyright law (see blog post).
There have been busy days in Brussels regarding the shaping of tomorrow’s copyright law in Europe. It took the Commission ten months to follow-up on its first package of copyright legislation released last December, with a second set of draft regulations and directives published on 14 September 2016.
The second legislative package truly touches upon almost everything that is hot … Continue Reading
Online sales are not only attracting the attention of consumers and tech businesses, but also increased review by antitrust regulators. The European Commission yesterday published a detailed 290 page preliminary report on its e-commerce sector inquiry.
While commenting on the release of the report, EU Competition Commissioner Margrethe Vestager stated that the report should be “a trigger for companies … Continue Reading
These are exciting days for copyright fans. Yesterday, the European Commission officially published a communication accompanied by several – long awaited – legislative proposals regarding the future of the European copyright law (see this press release). The content of the individual documents does not come as a surprise given that we have seen a number these documents leaked as … Continue Reading
It is a busy time in Brussels right now. Within the last few days, we have seen leaked drafts of a comprehensive staff working paper on the modernization of EU copyright rules, a draft copyright directive and a draft regulation on online transmission of broadcasts (see our respective blog post). At the end of last week, these were followed … Continue Reading
Apparently, summer season is over in Brussels. Already last week, a comprehensive staff working paper was leaked dealing with the European Commission’s aim to modernize copyright law within the EU. (see our respective blog post). Then on Wednesday, a first draft of the new Copyright Directive became public. It deals with, among other points, new and mandatory limitations … Continue Reading
As part of the Commissions Digital Single Market Strategy, the European copyright rules are also under review. So far, a rather general communication “Towards a modern, more European copyright framework” as well as a draft regulation on cross-border portability have been published (blog post series). This was in December 2015. Since then, particularly the draft regulation … Continue Reading
Earlier this week, four Hogan Lovells partners met virtually and discussed the impact of Brexit on the Commission’s Digital Single Market strategy as announced on 6th of May 2015 (COM(2015) 192 final) and as currently put into practice by way of numerous legislative initiatives. Don McGown (London), Winston Maxwell (Paris), Nils Rauer (Frankfurt) and Falk Schoening (Brussels) … Continue Reading
The UK has voted to Leave the EU. We wait to see if, when and how that happens and what the UK’s future relationship with the 27 other Member States will look like.
At the same time the EU has embarked on the Digital Single Market (DSM) initiative to apply “single market” principles to the digital economy and promote the … Continue Reading
Will the lending of e-books be governed by the same rules as the lending of “classic” printed books? This is an important question that public libraries and others are eagerly trying to get answered in Europe. The Court of Justice of the European Union (CJEU) currently is sitting over a case that deals with exactly this query. At the heart … 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.
Hogan Lovells’ Paris office recently hosted a seminar on the Digital Single Market, the strategy launched a year ago by the European Commission, in the context of the French Digital Republic Bill which is currently being discussed before the French Parliament.
In May 2015, the European Commission launched its Digital Single Market strategy to make the EU single market fit … Continue Reading
On 25 May 2016, the European Commission published a “Commission Staff Working Document” together with its “Communication on Online Platforms and the Digital Single Market: Opportunities and Challenges for Europe ” (see here our previous post on this Communication).
The starting point of the Staff Working Document is that online platforms cover a wide range of activities, … Continue Reading
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
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 … Continue Reading
With Leave ahead in the Polls and 1 week to go, is there opportunity as well as risk for the Sector?
Opinion polls showing a swing and narrow lead to “Leave” mean the UK’s Referendum is now genuinely “too close to call” and the EU’s 2nd economy could really exit the Union. One thing that’s certain is that no … Continue Reading
On 25 May 2016, the European Commission published a long-awaited Communication on “Online Platforms and the Digital Single Market: Opportunities and Challenges for Europe“, together with a Staff Working Document. Both documents rely on the results of the public consultation on online platforms carried out between September 2015 and January 2016. The main ideas developed in the Communication … Continue Reading