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Category Archives: Policy & Regulation

Posted in Internet of Things, Policy & Regulation Photo of Christelle Coslin

IoT in the EU: Lessons from COVID-19, and next steps for liability and regulation

The IoT sector has exploded over the past few years, and, even taking into account the globally inhibitive effects of COVID-19, this growth shows few long-term signs of abating. The buoyant, fast-paced IoT industry was the subject of a webinar, involving a panel of four partners from Hogan Lovells: Valerie Kenyon, Christelle Coslin, Matthias Schweiger, and Salomé Cisnal de Ugarte. Each gave their take on the state of play of IoT across the EU and explored the liability issues that potentially are coming down the line for IoT products. In this

Posted in Cybersecurity, Data Protection & Privacy, Internet of Things, Policy & Regulation, Technology

Webinar: The impact of California Privacy and Cybersecurity law on IoT in the home

We are pleased to invite you to the next webinar in our Internet of Things series, focusing on the impact of the following California (and other) laws on IoT offerings: California Consumer Privacy Act (CCPA) The new California Privacy Rights and Enforcement Act (CPRA) The California IoT security bill California and other privacy laws have a significant impact on consumer applications and devices for home-based use. Through representative use cases in the following areas, attorneys in our top-rated Hogan Lovells Privacy and Cybersecurity practice will discuss strategies for building and

Posted in Policy & Regulation, Technology, Telecoms & Broadband

Election 2020 Snapshot: Helping our technology and telecom clients make sense of the U.S. election results

An overhaul of tech antirust policy? Increased telecommunications regulations coupled with expanding telecoms infrastructure? Business as usual for Committee on Foreign Investment in the United States (CFUIS) investigations? We explore these questions and more in our analysis of the Biden administration’s potential approach to technology and telecommunications policy. Click here to read more

Posted in Digital Single Market (EU), e-commerce, Internet, Policy & Regulation, Technology

Shaping Europe’s Digital Future – EU publishes its draft Digital Services Act

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,

Posted in Digital Single Market (EU), e-commerce, Internet, Policy & Regulation, Technology Photo of Christopher ThomasPhoto of Myrto TagaraPhoto of Alexandra Bray

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.

Posted in Artificial Intelligence, Policy & Regulation, Technology

Civil liability regime for artificial intelligence

On 20 October 2020, the European Parliament put forward detailed legislative proposals on a civil liability regime for artificial intelligence. The European Commission will consider the proposals and reports submitted by the European Parliament, with its legislative proposal on these matters being expected in early 2021. Changes to EU Civil Liability Framework  The proposal creates a two-fold liability regime consisting of “high-risk” AI systems and “other” AI systems. Common principles for operators of both high-risk and other AI-systems include: Operators cannot escape liability on the grounds that the harm was

Posted in Policy & Regulation

Webinar: A bipartisan view of the 2020 election and its impact on U.S. / UK relations

Joe Biden has been elected as the 46th President of the United States. A new presidency – coupled with a new relationship between the UK and the EU – presents the potential for a material change in U.S. domestic policy and relations with the UK. How will these changes affect you and your business? Join Hogan Lovells for a webinar on Wednesday 18 November 2020, as we share bipartisan views of the 2020 election results and what their influence could mean. You will be able to submit questions during the

Posted in Policy & Regulation

A bipartisan view of the 2020 election and its impact on U.S. / EU relations

We invite you to join our webinar on the eve of the U.S. Presidential election. Democratic nominee for President, Joe Biden, and Republican incumbent, President Donald Trump, are preparing foreign policy platforms in the final months of the 2020 election cycle. What are the major points of tension between the Republican and Democratic candidates? Should either party be elected? What would the U.S. policy towards Europe look like under each administration? Will U.S. trade and economic policies towards Europe see significant changes? How will U.S.-Europe relations change? Join President Donald

Posted in Internet of Things, Policy & Regulation

Webinar – IoT in the EU: Lessons from COVID-19, and next steps for liability and regulation

Connected products remain in focus during 2020. Now more than ever before, they bring new opportunities to our homes, work, travel, and health care. Date: 15 September 3:30-4:15 BST In this webinar our leading cross-border products law team discuss the following: How IoT products have been helping tackle the COVID-19 crisis: a call out from a number of jurisdictions. Some areas of IoT law and regulation that need further development – as highlighted by the COVID-19 crisis. A quick catch-up on product liability developments in the European Union and the

Posted in Internet of Things, Policy & Regulation, Technology

UK Government calls for feedback on regulation of IoT device security

Following the UK Government’s announcement in January 2020 that it would be moving forwards with regulation on consumer IoT device security, the Government has now published its legislative proposals and is seeking feedback from interested parties by 6 September 2020. The Government’s proposals impose new requirements on manufacturers for the manufacture and sale of consumer smart devices, and also introduce the appointment of a new designated body to oversee compliance and enforcement. What do you need to know? The proposed legislation sets out three baseline security requirements, which are derived

Posted in Policy & Regulation, Technology Photo of Penny ThorntonPhoto of Oliver Wilson

UK regulator publishes consultation on video-sharing platform regulation

On Friday 16 July 2020, the UK communications regulator, Ofcom, published a consultation on video-sharing platform regulation, calling for views by 24 September 2020. The UK government intends to introduce a new statutory framework this Autumn to implement the revised Audio-Visual Media Services Directive, including new obligations on UK-established video-sharing platforms (which the consultation says might include platforms such as TikTok and Twitch). This is an interim regime for the regulation of UK video-sharing platforms until the new online harms framework comes into force. Ofcom is seeking views now from

Posted in Policy & Regulation

Webinar: How to effectively do business with UK government

Doing business with governments – winning opportunities, negotiating successfully, and delivering profitability – is an art and a science. At a time of unprecedented government intervention, it has never been more important to ensure effective engagement, whether to win new contracts or secure investments, grants, or loans. You know how to succeed in the United States. In this webinar, we want to equip you to navigate the UK government environment by: Highlighting similarities and differences between the UK and U.S. regulatory, procurement, and political systems. Giving you insights into how the UK government

Posted in Artificial Intelligence, Policy & Regulation

Outlook on a common liability framework for high-risk AI systems in the EU

In May 2020, the European Parliament’s Committee on Legal Affairs took the initiative and published a draft report with recommendations to the Commission on a civil liability regime for artificial intelligence (AI) (the Draft Report). The Draft Report provides an outlook on some of the legal concepts that will be subject to discussion in a future legislative process. Directive 85/374/EEC (PL Directive) and the Draft Report are considered by the Committee as two pillars of a common liability framework for AI systems and it acknowledges that such a project requires

Posted in Policy & Regulation

Hogan Lovells Launches Global Privacy Guide to Support Businesses with COVID-19 Exit Plans

As the world focuses its efforts on the right strategy to beat the coronavirus and make normal life safe again, businesses are devising and implementing a variety of measures to deal with the COVID-19 crisis which rely on the collection, use and dissemination of personal data. To assist with this challenge and ensure that privacy and cybersecurity aspects are appropriately addressed, Hogan Lovells has released a detailed guide providing legal analysis and practical recommendations.  The guide has been prepared by a team spanning its 45 offices around the world and

Posted in Policy & Regulation, Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan Sura

Second Circuit Panel Sides with Ninth Circuit on What Qualifies as an Autodialer

A recent decision by the U.S. Court of Appeals for the Second Circuit in Duran v. La Boom Disco, Inc. has interrupted the emerging consensus around the definition of “autodialer” in the Telephone Consumer Protection Act (TCPA). On April 7, 2020, a Second Circuit panel joined a Ninth Circuit panel in adopting a broad reading of the statutory definition of “automatic telephone dialing system” (ATDS), commonly referred to as an autodialer.

Posted in Policy & Regulation, Telecoms & Broadband Photo of Michele FarquharPhoto of Ari FitzgeraldPhoto of Trey HanburyPhoto of Arpan Sura

Executive Order Creates Committee to Replace “Team Telecom” Review of Foreign Telecom Investments

President Donald Trump issued an Executive Order creating a new multiagency process for Executive Branch review of telecommunications-related applications and licenses involving foreign participation in the telecommunications sector. The newly established Executive Branch committee ostensibly replaces the review currently conducted by an informal, multiagency group known as “Team Telecom.” But the Committee’s mandate includes several novel features that expand the reach and scope of national security review beyond what Team Telecom could accomplish.

Posted in Policy & Regulation

Joint ventures: Key topics surrounding the COVID-19 pandemic

As the COVID-19 outbreak has evolved into a worldwide economic shutdown, businesses are reevaluating their operating plans in order to remain viable. This is particularly true for joint venture (JV) businesses, which are owned and jointly controlled by two or more partners or equity holders. Through dozens of alerts, articles, and blog posts, we have addressed a multitude of legal and commercial impacts caused by this pandemic, including supply chain challenges, employment considerations, and legislative actions. Our aggregated COVID-19 topic center and resources can be found here. JVs are uniquely

Posted in Policy & Regulation

COVID-19 webinar – Insurance coverage considerations

When: Thursday, 02 April 2020, 15:30 (BST) One of a series of live webinars to help clients to respond to the impact of the global coronavirus pandemic on their business. Businesses who suffer losses stemming from the COVID-19 pandemic will want to understand how their insurance arrangements will respond to this crisis. In 30 minutes, our insurance experts will cover how the following classes of insurance are likely to respond and provide general guidance to companies on how to assess and manage their loss with insurance considerations in mind: Business interruption Liability Credit Event cancellation Life, Health

Posted in Data Protection & Privacy, Internet, Policy & Regulation Photo of Ewa KacperekPhoto of Weronika Wolosiuk

A summary of polish legislation and of the guidelines of authorities concerning covid-19 in the context of data protection

To meet your questions and concerns related to maintaining the principles of personal data protection in the face of the global COVID-19 pandemic, we have prepared a short guide to the key legal regulations and guidelines of authorities that you should keep in mind not only when conducting business and professional activity but also in everyday life. 1.         COVID-19 Act Decisions, orders, recommendations and guidelines addressed to legal entities and entrepreneurs The Act of 2 March 2020 on special solutions related to the prevention, counteracting and combating of COVID-19, other

Posted in Data Protection & Privacy, Policy & Regulation

Brexit and Data Protection: Boom for data centre operators in Continental Europe?

Data centre operators in Europe could benefit from Brexit and have already been preparing for years for precisely this scenario, including by expanding such data centre capacities in Continental Europe. The United Kingdom (UK) finally left the EU on 31 January 2020. The withdrawal agreement provides for the UK to continue to be treated largely as an EU member state until the end of the transition period on 31 December 2020, while both sides work out the future rules for cooperation. For the period after this, current prime Minister Boris

Posted in Policy & Regulation

Gearing up for enhanced consumer protection: the impact of the EU’s new rules

On 7 January 2020, Directive (EU) 2019/2161 (the “Directive”) came into force, setting into motion a swathe of measures aimed at modernizing the existing consumer protection rules, bolstering the level of protection available to consumers and providing an enhanced level of transparency in the face of ever-growing digital complexity. Part of the EU’s ‘New Deal for Consumers’, the Directive amends four key pieces of EU consumer protection legislation. Member States must implement the Directive within national regulations by 28 November 2021. The deadline for the actual application of the measures is