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Category Archives: Policy & Regulation

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
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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 … Continue Reading

Posted in Policy & Regulation, Technology Penny ThorntonOliver 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 … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Mark BrennanArpan Sura

U.S. Supreme Court Finds TCPA’s Federal-Debts Exemption Unconstitutional; Leaves Rest of TCPA Intact

On June 6, 2020, the U.S. Supreme Court issued its decision in Barr v. American Association of Political Consultants, Inc., et al., settling an issue that has lingered over litigation under the Telephone Consumer Protection Act (TCPA) for the past several years. In a badly fractured opinion featuring multiple concurrences and dissents, a majority of the Court held that … Continue Reading

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Mark BrennanArpan 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 … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Michele FarquharAri FitzgeraldTrey HanburyArpan Sura

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

Recent developments have positioned the Executive Branch to exert greater influence over the U.S. telecommunications sector. On April 4, 2020, President Donald Trump issued an Executive Order creating a new process for Executive Branch review of telecommunications-related applications and licenses involving foreign participation. The new procedures replace the review currently performed by an informal, multiagency group known as “Team Telecom.” … Continue Reading

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 … Continue Reading

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 … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Trey HanburyArpan Sura

President Trump Signs Bipartisan Broadband Mapping Law

On March 23, 2020, President Trump signed the Broadband Deployment Accuracy and Technological Availability (DATA) Act. The law requires the Federal Communications Commission (FCC) to collect and disseminate more granular data about the availability of broadband service and to establish processes to ensure data accuracy.

The legislation comes in response to commentary about the FCC’s broadband coverage maps and … Continue Reading

Posted in Data Protection & Privacy, Internet, Policy & Regulation Ewa KacperekWeronika 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 ActContinue Reading

Posted in Policy & Regulation, Technology Tony LinGeorge John

CSSMA Highlights WRC Advocacy, Earth Station Service Industry

At a recent Commercial Smallsat Spectrum Management Association (CSSMA) meeting, small satellite (smallsat) operators, earth station service providers, Federal agency spectrum managers, and other attendees discussed strategies to effectively influence global spectrum policy through the World Radiocommunication Conference (WRC) and opportunities in the growing earth-station-as-a-service industry. The meeting was part of CSSMA’s ongoing efforts to help develop the smallsat industry Continue Reading

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 … Continue Reading

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 … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Mark BrennanArpan SuraJohn Castle

Seventh Circuit Joins Third and Eleventh Circuits in “Autodialer” Circuit Split

Slowly but surely, the U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). On February 19, 2020, a unanimous Seventh Circuit panel refused to revise a putative class action in Gadelhak v. AT&T Services, Inc. after concluding that the dialing system used … Continue Reading

Posted in Internet, Policy & Regulation Peter WattsPenny Thornton

Online Harms White Paper: UK Government publishes its consultation response

The UK Government Department for Culture, Media and Sports (DCMS) has today published its initial response to the public consultation on the Online Harms White Paper, published in April 2019.  In its response, DCMS gives an indication of how it plans to adapt the proposed regulatory framework to take account of some of the concerns raised by industry stakeholders, Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Michele FarquharArpan Sura

Kari’s Law Compliance Obligations Begin February 16, 2020

Kari’s Law, signed into law on February 16, 2018, requires organizations that use multi-line telephone systems (MLTS) to provide callers with the ability to dial 911 directly from any telephone in the system. MLTS are often used in hotels, office buildings, corporate and educational campuses, and other enterprises. As a result, a wide variety of organizations will be impacted … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Mark BrennanArpan Sura

Eleventh Cir. Rejects Broad Reading of “Autodialer”

On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system” (ATDS or autodialer). In recent years, imprecise statutory phrasing and the Federal Communication Commission’s … Continue Reading

Posted in Cybersecurity, Internet, Policy & Regulation, Technology

UK Government set to move forwards with regulation on consumer IoT device security

UK Government set to move forwards with regulation on consumer IoT device security

The UK Government has just announced that it intends to draw up legislation aimed at ensuring that all consumer smart devices sold in the UK adhere to rigorous security requirements for the Internet of Things (“IoT“).

Over the last couple of years, the Government has … Continue Reading

Posted in Policy & Regulation Eduardo Ustaran

AG Says ePrivacy Applies to Government Access to Communications Data

On  January 15, the Court of Justice of the European Union’s (CJEU) Advocate General (AG) Manuel Campos Sánchez-Bordona delivered his Opinion on four references for preliminary rulings on the topic of retention of and access to communications data.

Of the four references, two originated from France, one from Belgium, and one from the Investigatory Powers Tribunal (IPT) in the United … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Mark BrennanArpan SuraJohn Castle

Congress Passes Bipartisan Robocall Legislation

On December 19, 2019, the U.S. Senate unanimously passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House of Representatives passed in a 417-3 vote earlier this month.  With the Senate’s passage of the reconciled bill, the bipartisan legislation now heads to President Trump’s desk for his review.

The Pallone-Thune TRACED … Continue Reading

Posted in Policy & Regulation, Spectrum Tony LinGeorge John

WRC-19 Revamps ITU Radio Regulations to Accommodate Emerging Communications Technologies

Communications technologies often evolve more quickly than the regulatory frameworks governing them. To keep pace, the International Telecommunication Union (ITU) World Radiocommunication Conference (WRC) revisits the ITU’s Radio Regulations governing radiofrequency spectrum use approximately every four years to accommodate new technologies and uses. Between WRCs, national administrations and ITU sector members (interested companies and trade associations, for example) meet in … Continue Reading