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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Tag Archives: Big Data

Posted in Intellectual Property, patents Photo of Jason Lohr

Webinar summary: Artificial Intelligence – Getting to grips with basics and legal implications

Jason Lohr (San Francisco) held the first in a series of internal webinars on the basics and legal implications of artificial intelligence (AI) and machine learning, highlighting their relevance to IPMT. AI touches nearly every industry and is used to solve complex problems, spot and minimize risks, improve decision-making, and develop new products. Key issues and tips for navigating this complex area were covered, including: The current state of AI and key concepts: As AI is still relatively new, the best way to develop a better understanding is to become familiar with

Posted in Cybersecurity

Privacy and Cybersecurity August 2019 Events

Please join us for our August events. August 2 Cybersecurity Policies and Strategies Forum Shee Shee Jin will discuss data analytics and data sharing on a panel covering “Big Data” and will present a session on “HIPAA Regulatory Trends” at the South Carolina Primary Health Care Association’s inaugural Cybersecurity Policies and Strategies Forum. Location: Greenville, South Carolina August 20 International Data Transfers Eduardo Ustaran will speak on a DataGuidance webinar on international data transfers. Location: Webinar

Posted in Data Protection & Privacy, Policy & Regulation Photo of Joke Bodewits

Will Widened Class Actions Regime Boost Data Litigation in the Netherlands?

On 19 March 2019, the Dutch Senate approved legislation introducing collective damages actions in the Netherlands (the “Legislation”) which will broaden the regime even further. The Legislation introduces an option to claim monetary damages in a “US style” class action, including for violations of the GDPR. This Legislation together with the mechanisms already available under Dutch law put the Netherlands at the forefront of collective redress in Europe. The Legislation is expected to enter into force in July 2019 and will apply to events which took place on or after

Posted in Data Protection & Privacy Photo of Winston MaxwellPhoto of Sam Choi

The starting point for a big data project: the privacy impact assessment

The era of big data is here. Although we are yet to see its full potential, the use of big data analytics is already proving invaluable to businesses and its applications have been found in numerous and diverse sectors. However, the use of big data has also brought much controversy, particularly when it involves sensitive information, concerns children, minorities or other vulnerable people, or where the decision-making has a significant impact on individuals. As both public interest and regulatory scrutiny in artificial intelligence, machine learning and big data continues to build,

Posted in e-commerce, Internet, Policy & Regulation, Technology Photo of Christian Ritz, LL.M. (USYD)

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 shaping competition policy in the era of digitisation. Price algorithms in the focus of European competition authorities Across Europe, competition authorities are currently putting a focus on algorithms. In recent

Posted in Data Protection & Privacy Photo of Eduardo Ustaran

Is Artificial Intelligence the Ultimate Test for Privacy?

Nothing challenges the effectiveness of data protection law like technological innovation. You think you have cracked a technology neutral framework and then along comes the next evolutionary step in the chain to rock the boat. It happened with the cloud. It happened with social media, with mobile, with online behavioural targeting and with the Internet of Things. And from the combination of all of that, artificial intelligence is emerging as the new testing ground. 21st century artificial intelligence relies on machine learning, and machine learning relies on…? You guessed it:

Posted in Data Protection & Privacy, Technology Photo of Falk SchoeningPhoto of Christian Ritz, LL.M. (USYD)

Big Data and digital markets remain in the focus of competition authorities – German FCO continues to lead the way

On 6 October, the German Federal Cartel Office (“FCO”) launched its new series of papers on “Competition and Consumer Protection in the Digital Economy”. The first paper deals with “Big Data and Competition”. The same day, a “real-life example” of competition enforcement in Big Data became public. The EU Commission confirmed unannounced inspections in “a few Member States” concerning online access to bank customer’s account data by competing service providers. In the words of Andreas Mundt, president of the FCO “the special characteristics of digital markets have created new challenges for

Posted in Data Protection & Privacy, Internet, Policy & Regulation, Technology, Telecoms & Broadband Photo of Julie BrillPhoto of Winston MaxwellPhoto of Michele Farquhar

Hogan Lovells academic all-stars debate hot tech topics

On 17 March Hogan Lovells hosted a live webinar where several of our Global TMT thought leaders interviewed a panel of academic experts from our Law and Technology Academic Advisory Council on the key legal and tech trends for 2017, including regulation of artificial intelligence, competition law and big data, global privacy and copyright trends, and the future of broadband privacy regulation. The panel was chaired by Hogan Lovells partner and former Commissioner of the US Federal Trade Commission, Julie Brill.

Posted in Copyright, Data Protection & Privacy, Policy & Regulation, Technology

Live webinar: On March 17 academic all-stars debate the hottest topics in Tech

In a March 17 live stream webinar, a panel of academic all-stars will discuss the key legal and tech trends for 2017, including regulation of artificial intelligence, the disruptive potential of blockchain, competition law and big data, global privacy and copyright trends, and the future of net neutrality.  Our panel will also share insights into the tech priorities of the Trump administration, and key China developments. Hogan Lovells partner and former FTC Commissioner, Julie Brill, will chair the panel, which includes Joshua Gans, author of “The Disruption Dilemma”, Phil Weiser,

Posted in Digital Single Market (EU) Photo of Winston MaxwellPhoto of Falk SchoeningPhoto of Rod Freeman

DSM Watch: European Commission’s data package explores data ownership, localization, liability and portability, highlighting tensions with GDPR

On January 10, 2017, the European Commission released a Communication, a fact sheet, a working document and a public consultation relating to Europe’s “data economy”.   The fact sheet states that “data is a new type of economic asset”, which is essential for innovation and growth. The Commission’s objective is to remove “unjustified restrictions” and “legal uncertainties” in order to facilitate data sharing and innovation. Interface with GDPR The Commission’s Communication on the data economy brings to light a fundamental tension between the policy on protection of personal data and the

Posted in Data Protection & Privacy

Privacy and Cybersecurity December 2016 Events

December 5 TCPA and ESIGN Mark Brennan will give a presentation on TCPA and ESIGN issues at EUCI’s Customer Communications Conference. Location: New Orleans, Louisiana   December 6 Privacy Landscape in 2016 Eduardo Ustaran will be providing a privacy round-up of 2016 at the Data Protection Forum. Location: London, England   December 7 Data: Friend or Foe? Harriet Pearson is an invited panelist at the Transatlantic General Counsel Summit and will be speaking about “Caution and Opportunity in Collecting Data Today: Structuring and Leveraging Your Data Collection.” Location: New York, New

Posted in Digital Single Market (EU), Internet, Policy & Regulation Photo of Christian Ritz, LL.M. (USYD)Photo of Falk SchoeningPhoto of Peter Watts

Fragmentation instead of level-playing field? How the German Government’s announced White Paper on digital platforms adds to regulatory uncertainty on topical issues of the digital economy after Brexit

Many digital platforms attract consumers and businesses on a global basis. It is a challenge for national regulators to enforce competition law and other regulatory provisions against such international players. Germany´s Federal Minister of Justice, Heiko Maas, argued in a similar way in an interview with the German newspaper Handelsblatt on 5 October 2016. He took a stand on the significant market shares of certain digital platforms questioning whether current competition law rules enable enforcers to sufficiently tackle current issues in the digital economy. Interestingly, despite calling for an EU-wide

Posted in Technology Photo of Falk SchoeningPhoto of Kay Jebelli

European Commission eyes new European rules for Big Data and Competition law

Earlier today Margarethe Vestager, the European Competition Commissioner, delivered a speech about Big Data and Competition law. The Commissioner made several key points that emphasize the growing economic and competitive significance of data and data aggregation. More importantly, the Commissioner announces that she will propose a new EU Directive to ensure the consistent application of competition law on big data issues throughout the EU. In particular companies dealing with large volumes of data should closely follow these developments. The speech focuses on three main topics: Data as an asset: the

Posted in Technology Photo of Richard Diffenthal

Pulse: How Data Will Define Dealmaking for a Generation

With EY’s confirmation that growth in big data deals is running at an annual rate close to 30% coming hot on the heels of Microsoft’s $26 billion purchase of LinkedIn, the summer has seen intensification of the global dash-for-data. Underlining this increased emphasis on data-driven deals is the fact that data has firmly established itself as the primary commodity to be mined in the 21st Century. Data driven transactions are likely to define dealmaking for a generation – this in turn pose questions for business leaders and the legal and

Posted in Policy & Regulation Photo of Jun WeiPhoto of Roy ZouPhoto of Nolan ShawPhoto of Andrew McGintyPhoto of Eugene LowPhoto of Mark Parsons

China to grow big on e-healthcare data

On June 21, 2016, the State Council issued the Guiding Opinions on Promoting and Regulating the Development of the Application of Healthcare Big Data (“Guiding Opinions“). The Guiding Opinions declare that healthcare big data is a fundamental, strategic national resource; recognize that its development will have a significant impact on healthcare and medical treatment; and formulate programmatic plans for development goals, key tasks, and an organizational framework. Given the Guiding Opinions’ embrace of digitization, the use of data, and information sharing, we expect that a foreseeable campaign to promote the development

Posted in Data Protection & Privacy

Future-Proofing Privacy: Profiling Restrictions versus Big Data

A stricter regime for profiling Profiling and big data analytics are set to play a pivotal role in the growth of the digital economy. From cookie-based tracking to people’s interaction through social media, the size and the degree of granularity of our digital footprints have created unprecedented opportunities for business development and service delivery. The scale of data collection, data sharing and data analysis has not gone unnoticed to public policy makers and this has led to the inclusion of special rules addressing profiling in the Regulation. In fact, from the point of view of those businesses seeking to benefit from data

Posted in Data Protection & Privacy Photo of Eric ParochePhoto of Falk SchoeningPhoto of Martin SuraPhoto of Christoph WünschmannPhoto of Christian Ritz, LL.M. (USYD)

Big Data – Big Competition Issues? German and French antitrust regulators publish joint paper “Competition Law and Data”

Big data is no longer a term used only by the digital economy. Competition law agencies in Germany and France significantly ramp-up their enforcement tools in the light of technology-driven market changes. As regulators aim at being on par with market players dealing with big data, such companies need to carefully analyze whether the approach taken in the EU can affect any planned transactions or whether their business model contains any risks of being reviewed by the agencies. The German Bundeskartellamt (Federal Cartel Office or FCO) and the French Autorité

Posted in Data Protection & Privacy

FTC Report: “Big Data Can Create Opportunities or Shut People Out”

On Wednesday, January 5, the FTC released a report titled “Big Data: A Tool for Inclusion or Exclusion?” (the “Report”).  The Report addresses the effects of the growing use of big data analytics on low-income and underserved populations, and the FTC’s role in monitoring and regulating the impacts of the commercial use of big data.  There are two high-level takeaways from the Report: First, big data is a powerful tool that can be used to include or to exclude.  Used responsibly, it can be a key to unlocking opportunities for

Posted in Data Protection & Privacy, Policy & Regulation Photo of Joke BodewitsPhoto of Patrice Navarro

Part 6: Profiling Restrictions v. Big Data

A stricter regime for profiling Profiling and Big Data analytics are set to play a pivotal role in the growth of the digital economy. From cookie-based tracking to people’s interaction through social media, the size and the degree of granularity of our digital footprints have created unprecedented opportunities for business development and service delivery. The scale of data collection, data sharing and data analysis has not gone unnoticed to public policy makers and this has led to the inclusion of special rules addressing profiling in the Regulation. In fact, from

Posted in Data Protection & Privacy, Telecoms & Broadband Photo of Wesley Platt

U.S. Industry Recommends Market Solutions for Privacy, Cybersecurity, and Law Enforcement Access Challenges for the Internet of Things

The Internet of Things raises new concerns about privacy, security and law enforcement access.  Rather than develop new rules for new devices, industry experts convened during the 2014 Winnik International Telecoms & Internet Forum recommended allowing the market to try solve these challenges before the government steps in. In May 2014, the President’s Council of Advisors on Science and Technology (“PCAST”) released a report on big data as an accompaniment to the big data review being conducted by the White House.  As moderator Mark Brennan of Hogan Lovells noted, the

Posted in Telecoms & Broadband Photo of Trey Hanbury

Winnik Forum – U.S. FTC Commissioner Maureen Ohlhausen Keynote Address

As the keynote speaker for the Winnik Forum, U.S. Federal Trade Commission (FTC) Commissioner Maureen Ohlhausen sat down with Chris Wolf, Director of Hogan Lovells’ Privacy and Information Management Practice to discuss the evolving role of the FTC as we enter an era of “Big Data” and the “Internet of Things.”  Commissioner Ohlhausen offered her views on a flexible approach to protecting consumer data privacy as connected devices continue to evolve.  As opportunities arise for additional potential uses of collected data, Commissioner Ohlhausen said organizations and policymakers should consider a