Awaited with bated breath by stakeholders in the online industry and by IP right holders alike, the EU Commission published on 15 December its official draft for the Digital Services Act (DSA). The DSA is conceived as one of the central pillars for its ambition to shape Europe’s digital future. Its published draft aims high, both in the scope of topics it covers, and the depth in which it addresses them. The DSA provides a staggered set of obligations and liability rules for all intermediaries (such as internet access providers,
Category Archives: e-commerce
DMA – a whole new world for large platform service providers?
On 15 December The European Commission published the long awaited Digital Markets Act proposal. The Proposed Regulation imposes a series of ex ante behavioural obligations on entities that the Commission designates as ‘gatekeepers’. The obligations for those designated platforms and the potential sanctions largely resemble behavioural remedies and fines that the European Commission might otherwise seek to impose under its competition law powers. The Commission’s enforcement action is expected to be intense, with ten on-site investigations per year and an additional 80 full time staff.
UK Tax Authority tightens the screws on tech companies
When is an amnesty not an amnesty? When the carrot is the (possible) absence of stick. HMRC announced today the introduction of their new Profits Diversion Compliance Facility (PDCF). This is a way for multinationals to take the initiative and explain their legal and operational structures before HMRC launch their next wave of full-scale “transfer pricing” investigations into corporates. The PDCF will be particularly relevant to groups with long established transfer pricing models which HMRC now believe need updating, and will allow groups to retain greater control of the process.
EU Commission provides guidance on new Geo-Blocking Regulation
In the European Commission’s plan to create a unified Digital Single Market, the measures to promote e-Commerce are well ranked. A reason for that is the increasing impact that the digital world, and especially online shopping, is having on our lives. The Internet per se recognizes no border, and therefore artificial barriers may feel even more misplaced. To tackle those obstacles to cross-border online activity, the European Commission launched a series of legislative proposals (get an overview here), some of which have already been enacted by the European legislator.
China: Three Cyberspace Courts now online and open for business
On 9 August and 28 September 2018, the new Cyberspace Courts in Beijing and Guangzhou were officially opened. These new specialised courts, along with their equivalent one that was formed in Hangzhou in August 2017, are meant to tackle the quickly swelling stream of internet-related court procedures in China. The establishment of these specialised courts is an encouraging step for the Chinese internet sector as well as for IP owners: it promises a more flexible procedure, less bureaucracy in obtaining evidence and higher quality judgments, handed down by specialist judges.
A game changer? China enacts first e-commerce law
In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January 2019. This new law has a remarkably broad scope, encompassing many aspects of e-commerce, including, for example, e-payments, product safety, data protection, cybersecurity, anti-competitive conduct, and intellectual property infringement. The law also covers all the main players in the e-commerce industry in China, from the platform operators (like Taobao
Digital competition policy on the move: Price algorithms in the German Monopolies Commission’s spotlight – European Commission launches consultation process
Price algorithms are clearly the “talk of the town” in the European competition law community these days. Just last week, the German Monopolies Commission published a report in which it discusses potential anti-competitive effects of price algorithms and proposes far-reaching amendments to the competition law enforcement framework. Meanwhile, the European Commission has announced a consultation process with a view towards shaping competition policy in the era of digitisation. Price algorithms in the focus of European competition authorities Across Europe, competition authorities are currently putting a focus on algorithms. In recent
The Brexit White Paper: A digital Brexit?
The UK Government’s White Paper sets out detailed proposals for the UK’s relationship with the EU following Brexit. As described in our dissection of the document as a whole, the White Paper sees the digital economy as an area of global opportunity for the UK. So what does the Government have to say about sector? The White Paper’s distinguishes physical goods from the digital and services sectors. Integrated supply chains and the challenges of the Irish border have driven an approach to physical goods which maintains a high degree of
Italy: Double score at TopLegal Industry Awards
We are excited to announce our awards in the two categories below in Tuesday’s TopLegal Industry Awards. Best Technology Lawyer of the Year – Marco Berliri “Among the Italian industry sector greater experts“ Best Pharmaceutical Law Firm of the Year “A team with an outstanding patent litigation track record“ These awards are testament to our holistic, collaborative approach and global perspective in the life sciences industry sector and our leadership in business, law, and regulation in all the key markets of the fast-moving technology, media, and telecoms sector.
DSM Watch – Platforms: EU Commission issues a Recommendation and a draft Regulation as the DSM approach towards ISPs takes (an irregular) shape
In a nutshell: As part of the DSM strategy, the Commission has recently published a series of new proposals impacting platforms and ISPs, including a Recommendation on tackling illegal content online and a draft Regulation on promoting fairness and transparency for business users of e-commerce platforms. In these new documents, the Commission addresses consumer protection, fair competition and notice-and-take-down obligations. We highlight the main possible changes below. Last Thursday (26 April 2018) the EU Commission issued a draft “Regulation on promoting fairness and transparency for business users of online intermediation
“BLACK FRIDAY”: Not a trademark, just a day for special shopping deals
Hogan Lovells assists PayPal in securing an important victory for German retail Decision of the German Patent and Trademark Office of 27 March 2018 (ref. no. 30 2013 057 574 – S 33/17/Lösch) The German PTO has seen the light in the dark of the “Black Friday” battles: The term has been declared free for all to use in commerce, signaling the end of a trademark monopoly that has been aggressively exercised against German retail during the past 18 months. Hogan Lovells, represented by Anthonia Ghalamkarizadeh and Dr. Thomas Richter,
Cross-border parcel delivery – European Parliament approves the regulation proposal
Some time ago now, the European Commission launched an initiative to improve transparency and regulate the cross-border parcel delivery sector as part of its aspiration to create a real Digital Single Market. Clearly, no pan-European online market can exist without a functioning delivery system covering the entirety of the Union. A draft regulation on this subject was first published on 25 May 2016 (COM (2016) 285). Since then, the proposal has been debated both on a national as well as a European level and now, the European Parliament has agreed
Hogan Lovells Global Payments Newsletter l February 2018
Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as sharing interesting reports and surveys on issues affecting the market. Key developments of interest over the last month include: Bank of Italy publishes consultation papers: On February 2018, the Bank of Italy published three consultation papers on PSD2, interchange fees for card-based payment transactions, and the EBA guidelines on product oversight and governance arrangements for retail banking
Hogan Lovells Global Payments Newsletter l November 2017
Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as sharing interesting reports and surveys on issues affecting the market. Key developments of interest over the last month include: Cheque image clearing system launched in the UK: On 30 October 2017, the Cheque & Credit Clearing Company launched the Image Clearing System which enables quicker clearing of cheques by exchanging images of cheques between banks and
EU ends unjustified geoblocking
What has happened? The European Union will end unjustified geoblocking for consumers wishing to buy products or services online within the EU before the end of next year. What does this mean? The European Parliament, the Council and the Commission have reached an agreement whereby consumers will be able to buy goods and services online from any EU country. The EU expects that the new rules will boost e-commerce for the benefit of consumers and businesses. In effect, people in the EU will now be able to buy products online,
Hogan Lovells Global Payments Newsletter l October 2017
Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as sharing interesting reports and surveys on issues affecting the market. Key developments of interest over the last month include: Netherlands to postpone implementation of PSD2: On 22 September 2017, the Dutch Finance Minister announced that it is no longer realistic for the Netherlands to transpose PSD2 by the 13 January 2018 deadline and that implementation is
Hogan Lovells Global Payments Newsletter l September 2017
Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as sharing interesting reports and surveys on issues affecting the market. Key developments of interest over the last month include: France publishes seven Decrees to complete the implementation of PSD2: The French government has published seven Decrees to supplement the Ordinance 2017-1252 implementing PSD2 which address requirements applying to payment institutions and mandatory information to be used
Hogan Lovells Global Payments Newsletter l July 2017
Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as sharing interesting reports and surveys on issues affecting the market. Key developments of interest over the last month include: EBA responds to Commission’s amendments to the RTS on SCA: The EBA has published an Opinion in which it rejects three of the four amendments the European Commission proposed in May. Implementation of MLD4 in Italy: Among
Hogan Lovells Global Payments Newsletter l June 2017
Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as sharing interesting reports and surveys on issues affecting the market. Key developments of interest over the last month include: European Commission proposed amendments to draft RTS on SCA: amongst other things, the Commission has proposed a new exemption to strong customer authentication and independent auditing of the transaction risk analysis exemption. Implementation of MLD4 in Germany:
European Commission goes online with final report in e-commerce sector inquiry
The final report on the European Commission’s e-commerce sector inquiry was published last week and contains some important observations about how online channels of distribution are transforming consumer goods and digital content markets. Margrethe Vestager, the European Commissioner in charge of competition policy, launched the Commission’s e-commerce sector inquiry in May 2015, announcing that “European citizens face too many barriers to accessing goods and services online across borders”. The final report largely confirms the Commission’s preliminary findings published in September 2016, but also reflects comments received in relation to those
Hogan Lovells Global Payments Newsletter l April 2017
Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as sharing interesting reports and surveys on issues affecting the market. Key developments of interest over the last month include: FCA launches consultation on revised guidance and Handbook rules for PSD2: On 13 April 2017, the FCA published a consultation (CP17/11) on proposed updates to its Payment Services Approach Document, Handbook and Perimeter Guidance Manual (PERG) to
Hogan Lovells Global Payments Newsletter l March 2017
Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as sharing interesting reports and surveys on issues affecting the market. Key developments of interest over the last month include: EBA publishes final draft RTS on Strong Customer Authentication: the EBA released the draft RTS mandated by PSD2 on 23 February 2017. Key changes from the previous draft include the banning of “screen scraping” and new exemptions
Hogan Lovells Global Payments Newsletter l February 2017
Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as sharing interesting reports and surveys on issues affecting the market. Key developments of interest over the last month include: HM Treasury consults on PSD2 implementation: the stated aim of the consultation, which was published on 2 February 2017, is to reduce the burden of PSD2 implementation on businesses, where possible. Appendix B to the consultation paper
Webinar recording – UK PSD2 implementation
HM Treasury published a consultation paper and draft Payment Services Regulations 2017 for a short 6 week consultation period ending on 16 March 2017. The consultation paper states that the Government aims to finalise and lay the final implementing legislation in Parliament in ‘early 2017 to provide industry with as much time as possible to adjust to any changes required’. The FCA expects to consult on PSD2 revisions to the guidance in its Payment Services Approach Document and its Handbook rules in early Q2 2017. We held a webinar on the