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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 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

Posted in Policy & Regulation, Telecoms & Broadband Mark BrennanMichele Farquhar

RICO Complaint Settlement Highlights TCPA Abuse by Plaintiffs’ Law Firms; Serial Plaintiffs and Cy Pres Awards Continue to Flourish

As the number of frivolous Telephone Consumer Protection Act (“TCPA”) class actions continues to grow unabated, the potential rewards have even led to alleged criminal activity by plaintiff firms seeking to game the system.  A recently settled Racketeer Influenced and Corrupt Organizations Act (“RICO”) complaint showcases a particularly egregious series of allegations that several plaintiffs’ law firms conspired with other … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Mark BrennanTimothy Tobin

California Enacts Sweeping New Comprehensive Privacy Legislation

California continues to be a first mover in privacy in the United States, enacting the US’s toughest and most comprehensive privacy legislation on Thursday, June 28, 2018. Unlike existing state and federal privacy legislation that has generally focused on specific sectors or privacy issues, the California Consumer Privacy Act of 2018 (AB 375), applies broadly to businesses that … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband Logan BreedTrey HanburyAlexander Maltas

The FTC’s role in monitoring broadband markets following the FCC’s adoption of the Restoring Internet Freedom Order

Amid the ongoing discussion surrounding “net neutrality,” the FTC’s role in overseeing broadband Internet access service (BIAS) has received increasing scrutiny following the recent passage of the FCC’s Restoring Internet Freedom Order (“RIF Order”). Several recent developments indicate that, although the Federal Communications Commission (FCC) will continue to have a shared role in monitoring broadband markets, the Federal Trade Commissions … Continue Reading

Posted in Policy & Regulation, Technology Richard DiffenthalHelen McGowan

Top academic weighs in on Artificial Intelligence regulation

The buzz regarding the potential for artificial intelligence (“AI”) to revolutionise our lives is inescapable. Development of AI technology is a huge growth area, and investors are banking on an “AI boom” in everything from cybersecurity and healthcare. The capabilities and achievements of AI in some areas are certainly astonishing – self-driving cars are no longer theoretical but a reality, … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Winston MaxwellHarriet PearsonJohn SalmonEduardo Ustaran

Getting to data nirvana – using the GDPR to create data value

“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 Cybersecurity, Internet, Policy & Regulation, Technology

TMT China Brief – Summer 2018

This edition features a total of 14 articles which capture various significant TMT developments in Greater China. These developments cover an extraordinary breadth of topics and demonstrate a strong increase in the nuance and complexity of TMT law and practice in the region.

Cybersecurity in China remains a hot topic. The Cyber Security Law is already in place but the … Continue Reading

Posted in Data Protection & Privacy, Internet, Policy & Regulation, Technology Paul OttoElisabethann Wright

Internet of Things Webinar Recording: Medical Devices

In the third instalment of the 2018 Internet of Things Webinar (IoT) Series, Yarmela Pavlovic, Paul Otto, Elisabethann Wright, and Fabien Roy hosted an educational webinar focusing on the evolving world of connected medical devices.

Fabien described the regulatory framework applicable to digital health technologies regulated as medical devices in the EU. He explained the criteria which must be met … Continue Reading

Posted in Digital Single Market (EU), Policy & Regulation, Telecoms & Broadband Angus CoulterAlice Wallace-Wright

Communications and competition: we’ve got the tools for the gigabit society

Since the announcement on 6 June that the Council and European Parliament had reached agreement on the draft Directive establishing the Electronic Communications Code (the “Code”), the communications and competition communities have been on tenterhooks to see what the final version of the text contains.

The draft Code has been in the pipeline for almost two years and is part … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Winston MaxwellHarriet PearsonJohn SalmonEduardo Ustaran

Getting to data nirvana – understanding data value and ownership

“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 Internet, Policy & Regulation, Technology

How the Internet of Things could redefine product safety and liability in the EU

How big is the Internet of Things (IoT)? It’s likely that there will be tens of billions of connected devices in use by 2020. As this massive network of “things” keeps expanding, so do the number of questions about IoT-related product safety and liability issues.

When we’re thinking about the standard of safety for IoT products, we need to look … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation

New Webcast: Worried about the GDPR? Don’t panic!

If you’ve got any worries about the GDPR – Europe’s new data privacy regime – then we’re here to help with our recently recorded webcast, explaining why there’s no need to panic.

It’s a great discussion, with our industry-leading panel looking offering lots of helpful tips and practical examples of how you can prepare for the GDPR, even after the … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Winston MaxwellPatrice Navarro

One day before the entry into force of the GDPR, the French bill is adopted… but referred to the French Constitutional Council (“Conseil Constitutionnel”)

The General Data Protection Regulation (GDPR) will enter into force on 25 May 2018. In light of the urgency to adapt Law no. 78-17 dated 6 January 1978 to the new European Union law, the French Government has initiated an accelerated procedure. This procedure led to the adoption in final reading by the French National Assembly of the bill on Continue Reading

Posted in Internet, Policy & Regulation

Is online video like television? New white paper launched today demonstrates that the policing of TV and internet services requires a ‘three layer approach’

Hogan Lovells and leading TMT consultancy Analysys Mason have launched a white paper today which argues for retaining a ‘three layer approach’ to video regulation in the face of ongoing changes to how video content is consumed by viewers.

After a preliminary political agreement was reached on revision of the EU’s Audiovisual Media Services (AVMS) Directive, the white paper, “TV Continue Reading

Posted in Policy & Regulation, Technology Helen McGowan

Cross-sector code of conduct for AI – a solution with substance?

On 16 April 2018 the House of Lords Select Committee on Artificial Intelligence published a wide-ranging report on the status of artificial intelligence (“AI”) in the UK.

The report, entitled “AI in the UK: ready, willing and able?” (available here), provides comprehensive coverage of critical issues relevant to the development and use of AI in the UK, … Continue Reading

Posted in Digital Single Market (EU), Policy & Regulation Nils RauerAlastair ShawPenny Thornton

EU: Portability Regulation – important deadline of 2 June 2018

The Portability Regulation (EU) 2017/1128 came into force on 1 April 2018. Part of the EU Commission’s aim to establish a Digital Single Market, the Regulation facilitates cross-border portability of online content. It allows for subscribed content services to “travel” with the subscriber throughout the entire European Union. Be it movies, sport events, music, e-books, online games, they … Continue Reading

Posted in Policy & Regulation, Technology Falk Schoening

OECD publishes issues paper on blockchain and competition law

Competition law questions are increasingly raised in the public debate about the blockchain technology. While there is yet to be any investigation in this field, the policy debate about applying competition law instruments to this disruptive, decentralised technology is heating up. The latest and probably most comprehensive approach to structuring the discussion comes from the Organisation for Economic Co-operation and … Continue Reading