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

Category Archives: Policy & Regulation

Posted in Advertising, Data Protection & Privacy, Policy & Regulation

Digital Media Company Agrees to $4.95 Million COPPA Penalty in Settlement with NYAG

On December 4, 2018, the New York Attorney General (NYAG) announced that Oath Inc., which was known until June 2017 as AOL Inc. (AOL), has agreed to pay a $4.95 million civil penalty to settle allegations that AOL’s ad exchange practices violated the Children’s Online Privacy Protection Act (COPPA). The $4.95 million penalty is the largest ever assessed by any … Continue Reading

Posted in Internet, Policy & Regulation, Technology Christine Gateau

Overcoming IoT litigation challenges: Will regulatory developments in the EU influence the design of connected devices?

How large is the market for the Internet of Things (IoT)? In 2017, the number of IoT products in use was about 8.4 billion. That’s a massive number, and a 31 percent increase over the previous year. And the market continues to grow exponentially; connected products are now found in virtually every area of our lives. So are regulations keeping … Continue Reading

Posted in Policy & Regulation Yvonne DraheimSabrina Dücker

When 3D-printing challenges IP rights

3D-printing changes the way we develop products: an idea can be transformed into a tangible product faster than ever and it is not even expensive anymore.

But what is 3D-printing? Simply put, it is a machine that builds an object out of base materials bu successively stacking thin layers of the material in accordance with a Computer-Aided Design (CAD). The … Continue Reading

Posted in Policy & Regulation Nils Rauer

DSM Copyright Directive: a new leak reveals there is still a long way to go

The provisions of the Copyright Directive (COM(2016)593) are currently being discussed between the Council, the Parliament and the Commission in order to reach a compromise wording. Though these talks are generally strictly confidential, some working documents occassionally find their way out. Here is a summary of the lesons we can learn from the latest document that has leaked.… Continue Reading

Posted in Policy & Regulation Ari FitzgeraldSarah K. Leggin

2018: A Space Odyssey – FCC and NASA Herald New Era of Market Friendly Space Policies

On November 8, 2018, FCC Chairman Ajit Pai highlighted the agency’s jam-packed agenda on space and satellite regulation at the Hudson Institute’s “Space 2.0” event in Washington, D.C. In his remarks, he discussed the FCC’s renewed focus on space and satellite policy, and its efforts to promote innovative, commercial technologies through a market-based approach. Thomas E. Cremins, NASA’s Associate Administrator … Continue Reading

Posted in Policy & Regulation Tony Lin

NOAA Hosts First Ever Interagency Satellite Workshop

In October, the US National Oceanic and Atmospheric Administration (NOAA) brought together NOAA licensees and prospective licensees and representatives from across the federal government for a workshop on U.S. satellite licensing and compliance regulations. The first of its kind, this three-day event was designed to promote transparency and awareness about government processes and to improve engagement with regulators. The event … Continue Reading

Posted in Policy & Regulation

UK leads the digital tax charge (again)

After much speculation, UK Chancellor Philip Hammond announced today in his annual budget speech that the UK will introduce a Digital Services Tax (DST) with effect from April 2020. In doing so, the UK has followed the example set with its Diverted Profits Tax by taking unilateral action first, and pre-empting possible EU and OECD proposals for a similar measure. Continue Reading

Posted in Artificial Intelligence, Policy & Regulation, Technology Peter WattsRichard Diffenthal

Truth is subtler than fiction

The evolution of science fiction into science fact has become so prevalent it no longer attracts remark.

Technologies that once lived only in the pages of futuristic novels or the flight deck of the USS Enterprise – like the universally connected mobile phone or DNA editing – already surround us. And, from the driverless car to delivery by drone, if … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Timothy TobinPaul Otto

California Passes First-Of-Its-Kind Law Focussed on Internet of Things Cybersecurity

Late last month, California Governor Jerry Brown signed the first US Internet of Things (IoT) cybersecurity legislation: Senate Bill 327 and Assembly Bill 1906. Starting on January 1, 2020, manufacturers of regulated connected devices are required to equip such devices with “reasonable security features” designed to protect a connected device and any information it holds from “unauthorized access, destruction, … Continue Reading

Posted in Policy & Regulation Imogen Ireland

The Skilled machines disrupting drug design

Capable of identifying novel compounds for therapeutic use, AI is saving time and costs in a process that can take around 10 to 15 years and billions of pounds to complete.

For the pharmaceutical industry, which has traditionally relied on patents to protect innovation and fund R&D, this should be good news, but is an intelligent machine’s output really patentable? … Continue Reading

Posted in Policy & Regulation Mark JonesPeter Watts

Is the UK’s post-Brexit approach to platforms and the digital sector starting to emerge?

The Chancellor of the Exchequer’s statements of intent on a digital service tax and competition law reforms reinforce other recent indications that the UK government is looking seriously at making significant changes to the way it approaches online platforms and the so called “tech giants”.

Brexit will potentially allow the UK to create its own strategy for the sector without … Continue Reading

Posted in Policy & Regulation

Privacy and Cybersecurity October 2018 Events

Please join us for our October 2018 Privacy and Cybersecurity Events.

October 3
Data Privacy on Steroids
Harriet Pearson will speak on a panel at the Minority Corporate Counsel Association Conference. It is entitled “Data Privacy on Steroids: Sweeping New Data Privacy/Security Regulation in the EU and California, and What it Means for American Business.
Location: New
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Posted in Policy & Regulation

Global Products Law Summit: 3 October, London – Brexit, Artificial Intelligence, Class Actions and more…

Innovation, products & managing risk – Navigating global challenges for you and your products

Our 2018 Global Products Law Summit in London is brought to you this year in collaboration with our Global Insurance Team, and focuses on all things product safety, compliance, and product liability. Valerie Kenyon,  Matthew Felwick and Victor Fornasier, leading Products Law partners in … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Massimiliano MasnadaMarco Berliri

GDPR Italian Implementing Decree Has Been Published

On 4 September, the Legislative Decree no. 101 of 10 August 2018 (the “Decree”) for the national implementation of General Data Protection Regulation (EU) 2016/679 (the “GDPR”) has been published in the Official Journal. The approach of the legislator was to maintain the structure of former Legislative Decree 196/2003 (the “Privacy Code”) which, however, has been extensively amended and … Continue Reading

Posted in Copyright, Policy & Regulation Nils Rauer

DSM Watch – New EU Copyright Directive: Parliament votes to retain controversial aspects

After weeks and weeks of debate and the failure to reach a parliamentary consensus in July, the European Parliament today paved the way towards the long-awaited start of the trilogue negotiations amongst the Parliament, the Council and the Commission. The copyright reform is therefore progressing, which is good news as such.

However, it was once again a rather close vote … Continue Reading

Posted in Copyright, Digital Single Market (EU), Policy & Regulation Nils Rauer

New Copyright Directive: Tension rises in anticipation of European Parliament’s vote

Once again, the debate regarding the controversial DSM Copyright Directive is picking up steam. This week, the European Parliament will liaise about the various amendments that will be tabled by a number of different groups of parliamentarians from various political backgrounds.

As mentioned in our previous blogs and videos, on 5 July 2018, the European Parliament rejected by 318 … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Mark Brennan

Bills Introduced to Amend the Telephone Consumer Protection Act

Both Chambers of Congress are considering legislation that would amend the Telephone Consumer Protection Act (“TCPA”).  Introduced in the House by Congressman Pallone (H.R. 6026) and in the Senate (S. 3078) by Senator Markey, the Stopping Bad Robocalls Act adds a new definition, “robocall,” in place of “automated telephone dialing system.”  The new term would include devices that make calls … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Mark BrennanHarriet PearsonBret CohenTimothy Tobin

Now Available: California Consumer Privacy Act: What you need to know now webinar recording and slides

Thank you to everyone who participated in last week’s webinar “California Consumer Privacy Act: What you need to know now.”

In this complimentary webinar, Hogan Lovells partners Mark Brennan, Bret Cohen, Harriet Pearson, and Tim Tobin, discussed:

• What triggered the new law?

• What data is covered?

• What does CCPA require, and how do you start operationalizing the … 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 Policy & Regulation, Technology Roy ZouAndrew McGintyMark Parsons

Evolving landscape for international cloud providers in China: why US technology giants are pairing up with local partners

Foreign investment in cloud services is heavily restricted in China. For years, international cloud operators have been struggling to identify structures that address regulatory concerns, but at the same time enable a service delivery model that is consistent with international offerings. Teaming up with Chinese companies is not something new, but it has become a more prominent feature in the … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Mark BrennanBret CohenHarriet PearsonTimothy Tobin

Webinar Invitation – California Consumer Privacy Act: What you need to know now

On June 28, 2018, California’s governor signed Assembly Bill 375, a ground-breaking new data privacy law that some are calling the United States’ answer to the European Union’s General Data Protection Regulation (GDPR).  Particularly in light of California’s status as the world’s 5th largest economy, many are wondering how the new California Consumer Privacy Act (CCPA) will affect them.

Please … Continue Reading

Posted in e-commerce, Internet, Policy & Regulation, Technology Christian Ritz

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 … Continue Reading

Posted in Advertising, Policy & Regulation Eugene Low

Episode two: Hong Kong relaxes regulations on product placement

The Communications Authority (“CA”) recently issued its decision to relax existing regulations on indirect advertising (commonly known as product placement) in television programmes (“TV programmes”) and to lift bans on advertisements for undertakers and associated services. We have previously discussed the CA’s decision in September 2017 to review its Generic Code of Practice on Television Programme … Continue Reading

Posted in Broadcasting, Copyright, Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Policy & Regulation, Technology, Telecoms & Broadband Peter WattsPenny Thornton

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 Continue Reading