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Tag Archives: Brexit

Posted in Copyright, Intellectual Property, patents, Technology Photo of Burkhart GoebelPhoto of Miriam GundtPhoto of Celine CrowsonPhoto of Lloyd Parker

Global Intellectual Property Outlook 2020 – Two steps forward and a look back

Our fourth annual Global Intellectual Property Outlook reflects on some of the biggest developments from 2019, and provides valuable insights on upcoming changes in 2020. From key decisions and the latest case law, to how emerging technology, policy and trade will impact your IP portfolio and strategy. The start to 2020 has been an unprecedented time for us all. As citizens, businesses, governments and regulators adjust to the new challenges presented by the global spread of COVID-19, and social distancing and remote working become the new norm, there is no

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 until the end of the transition period on 31 December 2020, while both sides work out the future rules for cooperation. For the period after this, current prime Minister Boris

Posted in Policy & Regulation Photo of 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 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

Posted in Cybersecurity

All-Day Workshop: Privacy and Cybersecurity KnowledgeShare (Agenda & Speakers Announced)

Join us on Thursday 19 September for the Hogan Lovells Privacy and Cybersecurity KnowledgeShare in London. We will 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. We are particularly excited to announce that we will be joined by guest speakers: James Dipple-Johnston; Deputy Commissioner (Operations) at the UK Information Commissioner’s Office Jannine Aston; Director, Privacy Policy & Compliance, INTL at

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 – Fast insights into key issues such as lawful grounds for processing, people’s rights and DPIAs. Enforcement – What the risk-based approach truly means. Privacy challenges of the digital economy – AI,

Posted in Policy & Regulation

Eduardo Ustaran Discusses Brexit and ePrivacy on IAPP Podcast

Eduardo Ustaran was featured on the IAPP’s Privacy Advisor Podcast to discuss latest developments of Brexit—including various potential outcomes—and how companies doing business in the United Kingdom are looking ahead to prepare post-Brexit privacy and data protection compliance practices. Eduardo also outlined the state-of-legislation of the European Union’s ePrivacy update and discussed how the anticipated regulation may develop during Romania’s term in the Presidency of the Council of the European Union. To access The Privacy Advisor Podcast: Dispatch from London on Brexit and the ePrivacy Regulation, click here.

Posted in Policy & Regulation Photo of Bret CohenPhoto of Julian Flamant

Action Required: Privacy Shield Participants Must Update Privacy Policies for Brexit

With the deadline for a no-deal Brexit looming—the UK’s exit date from the European Union is now slated for April 12—companies certified to the EU-U.S. Privacy Shield should update their Privacy Shield privacy policies if they have not done so already to ensure that they are able to lawfully receive personal data from the UK post-Brexit. The UK Information Commissioner’s Office (ICO) clarified this past December that existing EU adequacy decisions, including the Privacy Shield framework, would remain lawful mechanisms to export personal data outside of the UK. Since then,

Posted in Copyright, Cybersecurity, Digital Single Market (EU) Photo of Burkhart Goebel

Global IP Outlook 2019 – Two steps forward and a look back

2018 posed new opportunities and challenges for IP-rich businesses, with major new legislation introduced in Europe to govern trademark and trade secret protection; significant and transformational case law in the U.S., and the confirmation of new planned IP-specific legislation for several jurisdictions in Asia. We’re here to help you keep abreast of these changes and understand how they impact you. Our third annual Global IP Outlook reflects on some of the major developments in intellectual property law and emerging and growing industries. Regardless of your industry or specialism the Outlook

Posted in Policy & Regulation Photo of Mark JonesPhoto of Peter Watts

Is the UK’s post-Brexit approach to platforms and the digital sector starting to emerge?

The Chancellor of the Exchequer’s statements of intent on a digital service tax and competition law reforms reinforce other recent indications that the UK government is looking seriously at making significant changes to the way it approaches online platforms and the so called “tech giants”. Brexit will potentially allow the UK to create its own strategy for the sector without necessarily needing to reach agreement with, or wait for, other European countries. Philip Hammond’s remarks at the Conservative Party conference come on top of the clearest statement yet, from Jeremy

Posted in Policy & Regulation

Global Products Law Summit: 3 October, London – Brexit, Artificial Intelligence, Class Actions and more…

Innovation, products & managing risk – Navigating global challenges for you and your products Our 2018 Global Products Law Summit in London is brought to you this year in collaboration with our Global Insurance Team, and focuses on all things product safety, compliance, and product liability. Valerie Kenyon,  Matthew Felwick and Victor Fornasier, leading Products Law partners in our London office, along with London insurance lawyer Clare Douglas will provide insights on cyber security risks, the use of AI, its corresponding regulation, as well as practical implications for product manufacturers and overlapping issues.

Posted in Broadcasting, Copyright, Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Policy & Regulation, Technology, Telecoms & Broadband Photo of Peter WattsPhoto of Penny 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 physical goods from the digital and services sectors. Integrated supply chains and the challenges of the Irish border have driven an approach to physical goods which maintains a high degree of

Posted in Data Protection & Privacy Photo of Eduardo Ustaran

The Future of International Data Transfers

With the current focus on the coming into effect of the EU General Data Protection Regulation (GDPR), one could (almost) be forgiven for forgetting about the question of international data flows. However, given the political and legal developments currently affecting the future of international data transfers, that would be a very serious strategic mistake. Legitimising data globalisation remains a top business priority in our uber-digitised world. The coming of age of cloud-based services, the continuous advance of mobile communications and the push by developed and developing countries to reach a

Posted in Policy & Regulation Photo of Oliver WilsonPhoto of Josefine Crona

The impact of the Geo-blocking Regulation after Brexit

In anticipation of the UK’s withdrawal from the European Union, the European Commission has released a Notice to Stakeholders on the impact of Brexit on the incoming rules on geo-blocking (the “Notice“). The Geo-blocking Regulation (Regulation (EU) 2018/302) was adopted by the EU on 27 February 2018 and will apply from 3 December 2018 (see our blog here), prohibiting online sellers (from the EU, UK or any other third country) who direct sales to customers in an EU Member State from discriminating against customers elsewhere in the EU based on

Posted in Copyright Photo of Penny ThorntonPhoto of Alastair Shaw

Commission’s notice on Brexit and copyright: Is it as bad as it sounds?

On 28 March 2018 the Commission published a Notice to Stakeholders on the Withdrawal of the UK and EU rules in the field of Copyright. The Notice reminds stakeholders that, unless the UK comes to an agreement with the EU, there will be legal repercussions to Brexit. The Commission Notice says that all EU “primary and secondary law will cease to apply to the United Kingdom from 30 March 2019”. It goes on to point out that, although the UK is a party to many of the main international copyright

Posted in Copyright, Digital Single Market (EU) Photo of Alastair ShawPhoto of Penny Thornton

DSM Watch: Regulation on Portability of Online Content comes into force 1 April 2018

This year’s Easter holiday brings with it a further milestone in the Commission’s endeavor to bring about a truly Digital Single Market: The Portability Regulation (EU) 2017/1128 comes into force on 1 April 2018. 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 all need to remain accessible when temporarily abroad in another Member State. Service providers need to make sure this travel option is

Posted in Data Protection & Privacy Photo of Eduardo Ustaran

Thinking Strategically About Brexit and Data Protection

To date, the main legacy of the Brexit referendum of 2016 appears to be a country split in half: some badly wish the UK would continue to be a member of the EU and some are equally keen on making a move. Yet, there seems to be at least one thing on which Remainers and Leavers will agree: nobody knows exactly what is going to happen. The same is true of the effect of Brexit on UK data protection. However, as Brexit day approaches, it is becoming imperative for those

Posted in Policy & Regulation, Technology

Two steps forward and a look back – Global IP Outlook 2018

2017 was a year of widespread political, technological and legal changes; leading to lack of certainty and creating both challenges and opportunities for businesses in 2018 and beyond. We’re here to help: we have published our second annual Global IP Outlook. The Outlook reflects on some of the major developments in intellectual property law and emerging and growing industries. Regardless of your industry or specialism the Outlook will provide you with valuable insight into the changes and their impact on your products, services and business. Please do let us know

Posted in Data Protection & Privacy Photo of Victoria Hordern

An Opportunity to Shape Compliance with GDPR

A close observer of the GDPR will have noticed that, in several places, individual EU Member States can implement derogations from the GDPR requirements. Of course, as a regulation under EU law there is less scope for local flexibility under the GDPR than under the current EU Data Protection Directive 95/46. Yet the GDPR does, in a number of key areas, allow an EU Member State to set down local laws that could allow a more locally relevant flavour to a particular aspect of compliance. While the prospect of different

Posted in Data Protection & Privacy

Privacy and Cybersecurity March 2017 Events

Please join us for our March 2017 Privacy and Cybersecurity Events. March 2 Privacy Women Showcase Julie Brill will be speaking at a NY Bar Association event on “Careers in Privacy.” Location: New York, New York   March 14 Connected Car Technologies and Trends Tim Tobin will speak on “Protecting the Connected Car” at Automotive Megatrends’ Connected Car Detroit 2017. Location: Dearborn, Michigan   March 14 The Fundamentals of GDPR Eduardo Ustaran will run a “GDPR Bootcamp” at IAPP’s Europe Data Protection Intensive 2017. Location: London   March 15 Brexit,

Posted in Data Protection & Privacy Photo of Eduardo Ustaran

Privacy in 2017 – From Challenges to Opportunities

After all of the 2016 drama, the start of a brand new year is a welcome development in itself – a clean sheet for a script yet to be written.  However, 2017 will not be without challenges and the same applies to the world of privacy and data protection.  Many of the big issues that arose during 2016 will need to be addressed in 2017.  In addition, new questions will no doubt emerge.  Here is an overview of the privacy challenges that lie ahead and what can be done about

Posted in Data Protection & Privacy Photo of Eduardo UstaranPhoto of Victoria Hordern

The CJEU Gives the UK Government Another Brexit Dilemma

In yet another key case dealing with the balance between citizens’ privacy and the ability of the state to intrude into it, the Court of Justice of the European Union (CJEU) has ruled on the compatibility with European Union law of legislation that authorises the retention of communications data, which includes personal data. The reference from the UK Court of Appeal resulted from a challenge to the Data Retention and Investigatory Powers Act 2014 (DRIPA) brought by individuals that include Tom Watson, deputy leader of the Labour Party and represented

Posted in Internet, Technology, Telecoms & Broadband Photo of Sean SpiveyPhoto of Sarah K. Leggin

Data Without Borders: Hogan Lovells Winnik Forum Addresses International Considerations for the Growth and Development of a Connected World

The Internet of Things (“IoT”) connects markets and supply chains around the world.  Industry, governments and consumers around the world are embracing IoT technologies to improve research and public policy, to accelerate service delivery and to monitor global development programs across healthcare, agriculture, natural resource management, climate, and energy sectors.  Industry experts project that between 20 to 30 billion IoT devices will connect to the internet by 2020.  Some estimate that IoT could generate up to $11.1 trillion per year in economic value across industries, comprising up to 11 percent

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 Data Protection & Privacy

Privacy and Cybersecurity October 2016 Events

Please join us for our October 2016 Privacy and Cybersecurity Events. October 5 Brexit Impacts on International Companies Christian Tinnefeld will discuss Brexit issues, including international data transfers, Standard Contractual Clauses and Binding Corporate Rules, the GDPR, and Privacy Shield. Location: Hogan Lovells’ office in Hamburg   October 6 Internet of Things Julie Brill will participate in a Fireside Chat at the 4th Annual Internet of Things Global Summit. Location: Washington, D.C.   October 6 Data Protection and Business Harriet Pearson will speak on “Lessons Learned from Data Breaches and