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Category Archives: Policy & Regulation

Posted in Policy & Regulation, Technology

Tech Tax and the OECD: it’s as easy as A, B, C

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 … Continue Reading

Posted in Policy & Regulation, Privacy and Security Litigation Eduardo Ustaran

Hogan Lovells calls for an alternative approach to regulating privacy in the digital economy

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 … Continue Reading

Posted in Policy & Regulation, Spectrum Michele FarquharAri Fitzgerald

FCBA Event Highlights Innovative History and Future for Spectrum Auctions

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 … Continue Reading

Posted in Policy & Regulation, Technology Trey Hanbury

FCC Announces Members of Precision Agriculture Task Force

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 … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Arpan Sura

Defense Department and FCC to Collaborate on 5G Testbeds

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 … Continue Reading

Posted in Blockchain, Policy & Regulation

Hogan Lovells Blockchain Summit

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, … Continue Reading

Posted in Artificial Intelligence, Blockchain, Copyright, Cybersecurity, Data Protection & Privacy, Intellectual Property, Internet, Policy & Regulation, Technology

A Turning Point for Tech – Global survey on digital regulation

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 … Continue Reading

Posted in Policy & Regulation, Spectrum, Telecoms & Broadband Trey Hanbury

FCC Announces Participants in Auction 103

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 Continue Reading

Posted in Policy & Regulation Mark BrennanArpan SuraJohn Castle

California Enacts Another CCPA – Robocall Legislation

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 … Continue Reading

Posted in Policy & Regulation Eduardo UstaranKatie McMullan

CJEU: Consent on the Internet Means ‘Opt-In’

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 … Continue Reading

Posted in Policy & Regulation, Technology Tony LinGeorge John

World Satellite Week Brings Smallsats and CSSMA to Paris

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 … Continue Reading

Posted in Policy & Regulation Paula Garcia

The ICO Updates Its Data Sharing Code of Practice

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.… Continue Reading

Posted in Cybersecurity, Policy & Regulation Federico Hernández Arroyo

Cybersecurity (or lack thereof) under new administration

Tech, Data, Telecoms & Media, Mexico

Introduction

In 2014 the previous administration announced its commitment to creating a national cybersecurity strategy. This strategy formed part of the National Development Plan 2013-2018, which also provided for the national digital strategy – an initiative aimed at fostering digitisation in Mexico through:

  • a digital government;
  • open data;
  • digital inclusion;
  • enhanced digital skills; and
Continue Reading
Posted in Internet, Policy & Regulation

Digital Battle in Russia: Russian Parliament will consider a Draft Law on Foreign Ownership Restrictions in Significant Internet / Information Resources in Russia

Click here for text in Russian/текст сообщения на русском языке

Russia is facing potential restrictions of foreign ownership in digital companies. This follows on similar restrictions over Russian mass media companies and online cinemas which took effect in 2016 and 2017, respectively. These proposed amendments coincide with the announcement of major e-commerce and foodtech JV deals in Russia with participation … Continue Reading

Posted in Policy & Regulation Patrice Navarro

New French Guidelines on Cookies and Trackers

On 19 July the French Data Protection Authority (the “CNIL”) published new guidelines on cookies and trackers. These replace the existing Recommendation No. 2013-378 of 5 December 2013, are intended to be in line with relevant GDPR provisions and have been produced in anticipation of the future ePrivacy Regulation. The guidelines will be supplemented, at a later stage, with sectoral … Continue Reading

Posted in Policy & Regulation

Tech Tax – Times Are A Changing?

It’s been a busy month in the world of tax for tech companies. France and the UK are introducing digital services taxes, and serious work is underway at the OECD that may result in a shake-up of the international tax system in a manner that affects tech companies and digital businesses in particular, and sooner than people may think.

Given … Continue Reading

Posted in Policy & Regulation Joke Bodewits

Dutch DPA: Banks May Not Use Payment Data for Marketing Purposes

In the wake of a recent announcement by a major Dutch bank that it would start providing its customers with personalized advertisements based on their spending patterns, the Dutch Data Protection Authority (DPA) has sent a letter to all Dutch banks urging them to thoroughly review their direct marketing practices. The DPA specifically asked any bank contemplating the use of … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation, Privacy and Security Litigation, Telecoms & Broadband Mark BrennanAdam CookeAlicia PallerJoseph J. Cavanaugh

Ill-Suited: Private Rights of Action and Privacy Claims

“For years, the plaintiffs’ bar has conjured multibillion-dollar class action lawsuits out of largely intangible privacy harms. This wave of litigation is increasingly driven by federal and state statutes that include private rights of action and allow for excessive statutory damages. Given the willingness of some courts to let cases proceed despite a lack of allegations or evidence of concrete Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, Policy & Regulation

Privacy and Cybersecurity KnowledgeShare event: Sept 19, London

Join us on Thursday 19 September for our Privacy and Cybersecurity KnowledgeShare in London. We’ll share our latest thinking on the key privacy and cybersecurity issues faced by those with data protection responsibilities within organisations. Our all-day event will cover a lot of ground through incisive quick-fire presentations, Q&A panels and hands-on workshops.

Topics will include:

  • Nailing the basics –
Continue Reading
Posted in Policy & Regulation Katie McMullan

Cookie consent – What “good” compliance looks like according to the ICO

On 3 July 2019, the UK data protection authority (the ICO) updated its guidance on the rules that apply to the use of cookies and other similar technologies.  The ICO has also changed the cookie control mechanism on its own website to mirror the changes in the new guidance.

Since the EU legislators shocked the internet world a decade ago … Continue Reading

Posted in Policy & Regulation Mark BrennanArpan Sura

U.S. Supreme Court Sidesteps Important TCPA Deference Issues

On June 20, 2019, the Supreme Court released its long-awaited decision in PDR v. Carlton & Harris Chiropractic.  The Court was expected to provide greater clarity about the extent to which litigants can challenge the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) interpretations in private litigation.  Instead of deciding that issue, however, the Court vacated the Fourth … Continue Reading

Posted in Policy & Regulation

September Seminar: Improving social mobility in the IP profession

We are excited to partner with IP Inclusive to host a seminar focused on social mobility in the IP profession. On 24 September 2019, join us for a discussion with not-for-profit organisations and other businesses around how they are working to improve social mobility within IP and legal professions, and explore strategies for how we can create a more inclusive … Continue Reading

Posted in Internet, Policy & Regulation Winston Maxwell

Internet of Things – A Fast Forward to the Future

On Monday, April 29th 2019, policy makers and industry representatives from different IoT ‘verticals’ (agriculture, automotive, health, energy, aerospace) gathered in Brussels at the initiative of Vodafone to launch a conversation about the future policies applicable to the Internet of Things (IoT) in Europe.

Global Players Require Global Regulation     

The debate emphasized how global any approach to IoT regulation should … Continue Reading