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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 Digital Single Market (EU), Policy & Regulation Dr. Nils Rauer

EU: Cross-border parcel delivery – Council approves final text of regulation

The Digital Single Market, as pushed forward with increasing speed by the European institutions, does not end with the click of a “purchase” icon. Goods ordered and bought online need to find their way to the purchaser, be it a consumer or a corporation. This is why the Commission, as part of its overall DSM strategy published a draft regulation … Continue Reading

Posted in Internet, Policy & Regulation, Technology

Upcoming meeting signals the growing role of federal regulators over IoT and product safety

The U.S. Consumer Product Safety Commission (CPSC) will host a hearing on May 16, 2018 on potential safety hazards associated with internet-connected consumer products.  With primary jurisdiction over consumer product safety, the CPSC’s evaluation of risk affects everything from design evaluation to mandatory recalls.  The CPSC will use the information the public provides at the hearing and in written comments … Continue Reading

Posted in Policy & Regulation, Technology

Artificial Intelligence and your business: A guide for navigating the legal, policy, commercial, and strategic challenges ahead

Everything from healthtech to self-driving vehicles, to education and smart homes, drones and space, social media, and beyond is being affected. These new technologies present a variety of commercial opportunities and the potential to change our daily lives. At the same time, new AI innovations bring many legal, policy, commercial, and strategic challenges that need to be considered thoughtfully across … Continue Reading

Posted in Policy & Regulation

The Internet of Things Webinar Series: Medical Devices

We are pleased to invite you to the next webinar in our Internet of Things series, focusing on connected medical devices.

Yarmela PavlovicPaul Otto, Elisabethann Wright and Fabien Roy will explore the regulatory framework and challenges facing developers of connected medical devices and digital health solutions. With the market for these devices booming, this session promises an … Continue Reading

Posted in Policy & Regulation Oliver WilsonJosefine Crona

The impact of the Geo-blocking Regulation after Brexit

In anticipation of the UK’s withdrawal from the European Union, the European Commission has released a Notice to Stakeholders on the impact of Brexit on the incoming rules on geo-blocking (the “Notice“).

The Geo-blocking Regulation (Regulation (EU) 2018/302) was adopted by the EU on 27 February 2018 and will apply from 3 December 2018 (see our blog hereContinue Reading

Posted in Policy & Regulation, Technology Roy ZouAndrew McGintyMark Parsons

PBOC opens the door for foreign payment institutions

1. Overview

On March 21, 2018, the Chinese central bank and regulator of payment services operators (“PSOs“), the People’s Bank of China (the “PBOC“) circulated PBOC Announcement No.7 of 2018 (the “Announcement“) lifting the de facto but unwritten ban on foreign institutions’ accessing the Chinese online payments and settlement market. The move will allow

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Posted in Advertising, Internet, Policy & Regulation, Technology Peter WattsOliver Wilson

House of Lords issues report on digital advertising market

Yesterday the House of Lords published a report into the UK’s digital advertising market.  It includes: a call for a CMA study into whether the market is working fairly for businesses and consumers; proposals for enhancing workforce skills and attracting international talent; and, for those who have been involved the debate about digital ads, it covers some familiar themes:

  1. Measuring
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Posted in Policy & Regulation, Spectrum Tony LinSarah K. Leggin

Spring is the Season for Satellites! Hogan Lovells Hosts CSSMA Meeting and the First “SatelliteEves” Women in Space Event

Every spring, thousands of satellite industry stakeholders descend upon Washington, DC for the industry’s premier satellite conference. This year, the Satellite 2018 conference drew over 14,500+ satellite and space industry stakeholders, including many companies driving innovation and growth in the smallsat sector.

In support of the smallsat industry, Hogan Lovells and attorneys Tony Lin and Sarah Leggin hosted a … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Michelle KisloffPaul OttoJoe Vladeck

Hogan Lovells Represents Sears in First-Ever Modification to FTC Privacy Consent Order, Clarifying FTC Expectations for Data Collection in Mobile Applications

The U.S. Federal Trade Commission has approved Sears Holdings Management Corporation’s request to amend the terms of Sears’ 2009 consent order (the “Order”) in a manner that helpfully clarifies the lead U.S. privacy regulator’s views of notice and consent in the marketplace for mobile applications (“mobile apps”). After reviewing Sears’ petition and public comments, the Commission agreed with Sears that, … Continue Reading

Posted in Digital Single Market (EU), Policy & Regulation Dr. Nils RauerWinston 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 e-commerce, Policy & Regulation, Technology

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 … Continue Reading

Posted in Policy & Regulation

EU regulators warn consumers of virtual currencies bubble

Three European regulators have warned investors about the risks associated with dealing with virtual currencies, saying they are unsuitable “for most purposes, including investment and retirement planning”.

What does this mean?

The European Securities and Markets Authority, the European Banking Authority and the European Insurance and Occupational Pensions Authority have joined together to express their concern over the fact that … Continue Reading

Posted in Policy & Regulation Mark Parsons

HKMA reboots virtual banking

On 6 February, 2018, the Hong Kong Monetary Authority (the “HKMA”) published draft revisions to its “Guideline on Authorization of Virtual Banks” (the “Draft Guideline”).

The framework will support the authorization in Hong Kong of ‘virtual banks’, defined as banks which deliver retail banking services primarily, if not entirely, through the internet or other electronic channels … Continue Reading

Posted in Data Protection & Privacy, Internet, Policy & Regulation Christine GateauChristelle CoslinPauline Faron

First views from the CJEU on how to build a consumer collective action in the Schrems v Facebook Ireland case: The concept of “consumer” and lack of jurisdiction of the consumer’s home court over assigned claims

The famous case brought by Maximilian Schrems against Facebook Ireland in Austria, aimed to become an international and large data protection class action, led on 25 January 2018 to a ruling from the CJEU on two main points:
  • A consumer’s right to have a claim heard in his or her home court under European law does not extend so as
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Posted in Policy & Regulation, Technology

Two steps forward and a look back – Global IP Outlook 2018

2017 was a year of widespread political, technological and legal changes; leading to lack of certainty and creating both challenges and opportunities for businesses in 2018 and beyond.

We’re here to help: we have published our second annual Global IP Outlook. The Outlook reflects on some of the major developments in intellectual property law and emerging and growing industries. Regardless … Continue Reading

Posted in Deal Trends, Policy & Regulation, Spectrum, Technology, Telecoms & Broadband Michele FarquharTrey Hanbury

FCC Avoids Shutdown For Now, But Continued Threat Looms Over TMT Sector

The federal government is open.  But less than three weeks remain under the current reprieve and another shutdown seems possible.  Although the Federal Communications Commission tapped on-hand fees to support uninterrupted operations earlier this week, the FCC will start to run out of time – and money – if the stalemate over the budget continues and another shutdown occurs.

How … Continue Reading

Posted in Internet, Policy & Regulation

Italy: New Web Tax and definition of permanent establishment

The Web Tax

Italy has introduced a new so-called “Web Tax”, a new tax on certain digital transactions. This will apply from 1 January following the issue of the relevant Decree of the Ministry of Economy and Finance, most likely 1 January 2019.

Web Tax applies to digital services provided by Italian and foreign operators via the internet or other … Continue Reading

Posted in Policy & Regulation Mark Parsons

The Dawn of a New Era: The HKMA launches its Open API consultation

On 11 January, 2018, the Hong Kong Monetary Authority (the “HKMA”) published its “Consultation Paper on Open API Framework for the Hong Kong Banking Sector” (the “Consultation Paper”). The Consultation Paper summarizes the approach the HKMA has taken to date in actioning the “Open API” initiative announced by HKMA Chief Executive Norman Chan on 29 September, 2017: one of seven … Continue Reading

Posted in Policy & Regulation Hilary TompkinsTrey HanburySarah K. Leggin

Ending the Twilight Saga: FCC Proposes Slashing Regulations to Speed Broadband Deployment

The FCC has proposed to exclude so-called “Twilight Towers” from routine historic preservation review under Section 106 of the National Historic Preservation Act (“NHPA”) and its regulations.  Section 106 requires a federal agency to engage in a consultation process, which involves identification of a project’s adverse effects on historic and cultural properties and engagement with various interested parties, such as … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), Drones, Internet, Policy & Regulation, Technology, Telecoms & Broadband Peter WattsWinston MaxwellMichele Farquhar

TMT Horizons 2018

2018 will be another dramatic year for TMT. Our job is to help TMT businesses to chart a course through by bringing together the insights of over 800 lawyers who focus on the sector across six continents. That is why we have asked some of our top thinkers globally to provide a snapshot of their vision for the coming year. … Continue Reading

Posted in e-commerce, Policy & Regulation, Technology

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 Continue Reading

Posted in Copyright, Policy & Regulation Dr. Nils RauerAlastair ShawPenny Thornton

DSM Watch: JURI votes on the Draft Regulation on Online Transmissions and Retransmissions and proposes major reduction in scope

This week, the European Parliament’s Committee on Legal Affairs’ (JURI) took its long awaited and frequently postponed vote on the draft Regulation COM(2016) 594 relating to online transmissions and retransmissions by broadcasters (press release). With fifteen to eight votes (and one abstention), JURI –the lead EP committee on this proposal – adopted the paper which is likely to … Continue Reading

Posted in Digital Single Market (EU), Policy & Regulation Falk SchoeningDr. Nils RauerAlastair ShawChristian RitzAlberto BellanDina Jubrail

Webinar Recording: Digital Single Market 2018 – It is becoming real!

On Tuesday 14 November the Hogan Lovells DSM Taskforce (our dedicated pan-EU team of lawyers tracking the Commission’s DSM strategy) had its annual live meeting in Brussels to discuss the progress of the implementation of the DSM strategy and key forthcoming developments. The team held a webinar on the status of the strategy and what to expect in 2018 in … Continue Reading

Posted in Policy & Regulation, Technology Falk Schoening

What blockchain can learn from the net neutrality debate: antitrust and regulatory aspects of “paid prioritization” for a nascent technology

First come, first served. That’s not the principle behind the clearance of Bitcoin transactions. Equally for other blockchain technology networks, the relevant factor to get a transaction on the next available block is not time, but often: money. “Paid prioritization” is a reality. Miners will first pick and clear those transactions which will most highly reward them.

Is this a … Continue Reading