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
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”). The Seventh Circuit held that an “autodialer” must use “a random or sequential number generator” to either store or produce numbers.
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, including the fact that is it minded to make Ofcom the new regulator and that Ofcom will be providing guidance on the companies in scope. The Online Harms White Paper, published
A wide variety of organizations will be impacted by Kari’s Law and must comply with its requirements.
The key issue is how to interpret ambiguous language in the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system.” The Eleventh Circuit panel’s decision in Glasser rejects that trend, joins the D.C. Circuit in adopting a much narrower view of the TCPA’s scope, and establishes a clear circuit split with the Ninth Circuit.
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 been considering the need to develop a robust regulatory framework governing the cybersecurity of consumer IoT devices, to ensure that these devices are sufficiently secure from cyber-threats. What will the new legislation
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 Kingdom. The latter arose from a challenge by Privacy International to the UK Security and Intelligence Agencies’ (SIAs) powers under the Telecommunications Act 2014 and the Data Retention and Investigatory
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 Act requires the Federal Communications Commission (FCC) to take steps to improve call verification, reduce the number of illegal robocalls, and enhance the federal government’s Telephone Consumer Protection Act (TCPA) enforcement efforts.
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 working parties to study how proposed rule revisions would impact existing and planned services. Following four years of careful deliberations at the ITU working party level, more than 3,400 participants
The FCC recently issued a Public Notice that sought comment on whether to make the 960-1164 MHz and 5030-5091 MHz bands available to support unmanned aerial system operations (UAS). The FAA Reauthorization Act of 2018 required the Federal Aviation Administration (FAA), the National Telecommunications and Information Administration (NTIA), and the FCC to submit a report to Congress on whether to allow UAS communications in these frequencies. The joint agency report must discuss: (1) whether the FCC should permit, but not require, UAS operations in these bands on an unlicensed, shared,
What is it about? OECD proposals to tax the digital economy which will significantly impact all large tech companies that are consumer oriented. What will the impact be? Businesses will pay more tax. Impact on cash-flow, earnings per share and valuations. There will also be lots of complexity to ensure compliance. What should businesses be doing now? Watching for what comes out of the OECD, including on 9 Dec on the second round of proposals. Working with advisors to assess the potential impact. Late last week OECD held a public
LONDON, 25 November 2019 – Hogan Lovells has published a study evaluating the ongoing legislative proposal for a new ePrivacy Regulation, a law aimed at updating the current ePrivacy framework in the EU. After nearly three years of debates and negotiations, the European Union is nowhere near agreeing a position on how to achieve the right balance between the need for technological innovation, public security and the protection of privacy in the context of the digital economy. According to Hogan Lovells, this is due to the structure and legislative approach of the
On November 12, members of the Federal Communications Bar Association (FCBA) gathered in Washington, DC, to commemorate 25 years of spectrum auctions at the Federal Communications Commission (FCC). Hosted at Hogan Lovells LLP, the event featured current and former FCC staff members and industry lawyers, who discussed the history and future of spectrum auctions. The FCC’s leadership and strong record of innovation in administering spectrum auctions was a recurrent theme of the program. The Beginning of Spectrum Auctions The first panel focused on the early days of spectrum auctions at
The Federal Communications Commission (FCC), in consultation with the Department of Agriculture, announced the members of the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States (Task Force). The Task Force, an advisory body to the FCC, will investigate the current state of broadband access in agricultural lands and recommend policies and regulatory solutions to the FCC to promote broadband deployment and precision agriculture, standardize data collections, and target funding towards unserved areas. The Task Force is also slated to identify ways for
On October 23, 2019, the U.S. Department of Defense announced a plan to pilot 5G technologies on four military installations in partnership with private industry and the U.S. Federal Communications Commission. Lisa Porter, Deputy Undersecretary of Defense for Research and Engineering, revealed the Defense Department’s plans during an appearance at Mobile World Congress (MWC) in Los Angeles with FCC Chairman Ajit Pai and Diane Rinaldo, Assistant Secretary of the National Telecommunications and Information Administration (NTIA). Both Porter and Pai heralded the project, known as Defense Next Generation Information Communications Technology,
Please join us and Global Digital Finance for a series of in-depth panels and presentations on regulatory and compliance issues from industry leaders and legal compliance specialists on “The Impact of Digital Assets on Financial Institutions”. When: Tuesday 5 November 2019, 2.30pm – 5.30pm (Conference); 5.30pm – 8.00pm (Drinks Reception) (GMT) Where: Hogan Lovells London Keynote speakers: Lawrence Wintermeyer Co-Chair, Global Digital Finance Keith Bear Fellow, Centre for Alternative Finance, Cambridge Judge Business School Hogan Lovells speakers: John Salmon Andrew Carey Sharon Lewis Jonathan Chertkow Michael Thomas
Whilst political uncertainty may have businesses’ attention fixed, the Hogan Lovells Global Survey on Digital Regulation: ‘A Turning Point for Tech’ suggests that tech companies should be looking elsewhere. During yesterday’s launch at Hogan Lovells’ London Office, editor of the survey, Falk Schoening uncovered the 452 digital regulations that had been proposed across 16 jurisdictions in just six months of monitoring. The report aims to provide insight for what is on the horizon for tech companies, giving them a ‘heads up’ on how they should look at their business models
In a Public Notice released October 7, 2019, the Federal Communications Commission (FCC) announced the status of the 39 short-form applications for Auction 103, which is scheduled to begin on December 10, 2019. Auction 103 will offer 14,144 licenses covering some 3,400 megahertz of spectrum in the Upper 37 GHz, 39 GHz, and 47 GHz bands. The FCC announced 29 complete and 10 incomplete applications for Auction 103. All applicants with complete applications will become qualified bidders upon receipt by the FCC of the required upfront payment by October 22,
On October 2, 2019, California Governor Gavin Newsom signed the Consumer Call Protection Act of 2019 to address the rise in deceptive robocalls and protect California consumers from fraudulent calls. The law requires telecommunications service providers to implement Secure Telephony Identity Revisited (STIR) and Secure Handling of Asserted information using toKENs (SHAKEN) protocols by January 1, 2021. These protocols are designed to attest to the authenticity of caller identification data and provide service providers with information to help ensure that calls are not spoofed.
On 1 October 2019, the Court of Justice of the European Union (CJEU) handed down a crucial decision impacting the way that consent is obtained on the internet. The judgment relates to Case C-673/17 (Planet49 – a previous post outlining the background can be found here). In the Planet49 case, the German Federal Court referred a number of questions to the CJEU regarding the validity of consent to cookies placed by a website operating an online lottery. The questions before the CJEU amounted to the following: 1. Does a pre-checked
The Commercial Smallsat Spectrum Management Association (CSSMA) held its second meeting of 2019 in Paris on September 10, during World Satellite Business Week. CSSMA members gathered at the office of the French Centre National D’Études Spatiales (CNES) for a half-day session featuring industry updates and presentations. Approximately thirty CSSMA members, along with CNES and U.S. National Oceanic and Atmospheric Administration (NOAA) representatives, participated. During the meeting, CSSMA announced its new officer board. Michael Miniero of Hawkeye 360 will serve as chairman, Nick Spina of Kepler Communications as president, Emilie Siemssen
The proposed procedures for Auction 105 resemble other competitive bidding processes, but include a few key differences to accommodate shared use of the band, encourage 5G deployments, and increase flexibility for participants.
On 9 July 2019 the UK data protection authority (ICO) updated its Data Sharing Code of Practice (first published in 2011) (Code). On the same day, the ICO also announced its intention to fine Marriott International just over £99m for infringements of the General Data Protection Regulation (GDPR), highlighting the importance of due diligence in the context of data sharing. The Code, made under section 121 of the UK’s Data Protection Act (DPA), is publicly available for consultation until 9 September 2019. Once finalised, the Code will become a statutory