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

Tag Archives: Digital Single Market

Posted in Internet, Policy & Regulation Photo of David Taylor

The European Union adopts a new .EU Regulation

On 19 March 2019, the European Union adopted Regulation (eu) 2019/517 of the European Parliament and of the Council of 19 March 2019 on the implementation and functioning of the .eu top-level domain name and amending and repealing Regulation (EC) No 733/2002 and repealing Commission Regulation (EC) No 874/2004, otherwise known as the .eu Regulation. Background As its name indicates, the Regulation repeals its predecessors which were considered no longer adapted to the market, the political and legislative context and the online environment.  With this Regulation the European Union has

Posted in Copyright Photo of Penny ThorntonPhoto of Alastair Shaw

DSM Watch: new rules for online transmissions of TV and radio programmes

On 15 April the Agriculture and Fisheries Council formally adopted the Directive on online transmissions of broadcasting organisations and retransmissions of TV and radio programmes (the “Directive”), following the European Parliament’s first-reading adoption on 28 March (which also amended the proposed Regulation to a Directive). Broadly, the Directive aims to facilitate the cross-border transmission, within the EU, of certain radio and TV programmes. Once it has been published in the Official Journal of the EU, Member States will have 24 months to implement. As with the new Copyright Directive, it

Posted in Copyright, Policy & Regulation Photo of Penny ThorntonPhoto of Alastair ShawPhoto of Morten PetersennPhoto of Winston MaxwellPhoto of Benedikt LüthgePhoto of Alberto BellanPhoto of Anne Schmitt

DSM Watch: EU Copyright Directive clears the finish line

On 15th April the Council of the European Union adopted the EU Copyright Directive (the “Directive”), ending a negotiation process which first started with the Commission’s proposal for a new Directive in early 2016. After publication in the Official Journal of the EU, Member States will have two years to implement the Directive. In Council the UK voted to adopt the Directive, but it’s by no means certain that the UK will implement it. If the UK leaves the EU without a deal it will not be bound to do so,

Posted in Copyright, Digital Single Market (EU) Photo of Penny ThorntonPhoto of Alastair ShawPhoto of Morten PetersennPhoto of Winston MaxwellPhoto of Benedikt LüthgePhoto of Alberto BellanPhoto of Anne Schmitt

DSM Watch: EU Copyright Directive clears the finish line

Today the Council of the European Union adopted the EU Copyright Directive (the “Directive”), ending a negotiation process which first started with the Commission’s proposal for a new Directive in early 2016. After publication in the Official Journal of the EU, Member States will have two years to implement the Directive. In Council the UK voted to adopt the Directive, but it’s by no means certain that the UK will implement it.  If the UK leaves the EU without a deal it will not be bound to do so, nor

Posted in Advertising, Data Protection & Privacy, Digital Single Market (EU) Photo of Christelle Coslin

Hosting providers of websites are not as such data controllers and only incur limited liability, French Court of Appeal says

In a decision dated March 1st, 2019, the Paris Court of Appeal reminded that specific conditions must be met for hosting providers to be held liable in case of unlawful content. The French court also ruled that hosting providers are not data controllers per se and, as such, are not subject to obligations under the Data Protection Act. In this case, the claimant is a lawyer who alleges that a company – whose main activity is the hosting of websites and the management of advertising space – posted on two

Posted in Copyright, Digital Single Market (EU), Policy & Regulation Photo of Alastair ShawPhoto of Penny ThorntonPhoto of Winston MaxwellPhoto of Morten PetersennPhoto of Alberto BellanPhoto of Anne SchmittPhoto of Benedikt Lüthge

DSM Watch: EU Copyright Directive, the big picture

Agreement on a compromise text for the new Copyright Directive was reached between Member State government representatives, EU Parliament representatives and the EU Commission last week (see our “Breakthrough” post). On 20 February 2019, EU Governments formally voted, by a majority, to approve that compromise text: Italy, Poland, Luxembourg, the Netherlands and Finland opposed it; Belgium and Slovenia abstained.   However, it is not yet law despite some headlines which one may see in the popular press. But now that the draft text has stabilised, at least for the time being,

Posted in Copyright, Policy & Regulation

DSM Watch – New EU Copyright Directive: Parliament votes to retain controversial aspects

After weeks and weeks of debate and the failure to reach a parliamentary consensus in July, the European Parliament today paved the way towards the long-awaited start of the trilogue negotiations amongst the Parliament, the Council and the Commission. The copyright reform is therefore progressing, which is good news as such. However, it was once again a rather close vote as regards Articles 11 and 13 of the draft directive, which concern the new neighbouring right for press publishers and the tightening of the liability scheme for online content sharing

Posted in Copyright, Digital Single Market (EU), Policy & Regulation

New Copyright Directive: Tension rises in anticipation of European Parliament’s vote

Once again, the debate regarding the controversial DSM Copyright Directive is picking up steam. This week, the European Parliament will liaise about the various amendments that will be tabled by a number of different groups of parliamentarians from various political backgrounds. As mentioned in our previous blogs and videos, on 5 July 2018, the European Parliament rejected by 318 votes against, 278 in favour and 31 abstentions the compromise position adopted a week earlier by the Committee on Legal Affairs (JURI). The attached negotiation mandate was thereby revoked, and the opening

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 Copyright, Technology

The EU Commission is set to address the challenges of three-dimensional printing

Additive manufacturing, more commonly called “three-dimensional printing” or simply “3D printing“, is a truly fascinating technology. Whilst the first experiments date back to the 1960s, with the first meaningful industrial applications following in the 1980s, only throughout the last couple of years has the technology really gained momentum. Meanwhile, the market is growing rapidly. The European Commission’s forecast for the EU sees a business worth about €10 billion by 2021. However, as is often the case with disruptive technologies, the lack of legal certainty, especially regarding intellectual property and civil

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

European Parliament votes to reject controversial Copyright Directive proposal

In a dramatic turn of events, the European Parliament has today voted to reject the compromise position on the controversial draft DSM Copyright Directive, which was adopted by the Committee on Legal Affairs (JURI) of the European Parliament on 20 June 2018. A debate on the draft Directive by the whole European Parliament is now set to take place on 10-13 September 2018. The background to today’s vote is that, as announced immediately after the JURI Committee vote on 20 June, the Committee’s decision was challenged by a group of

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

DSM Watch: One step closer to a European copyright reform

After a long and intense debate – including several postponements – the Committee of Legal Affairs of the European Parliament (JURI) finally agreed on its position on the draft DSM copyright directive. Of course, the plenary is still required to hand down its final vote on JURI’s report. And the trilogue amongst the three legislative institutions is also to follow. However, we are very close to the long awaited position of the Parliament which is the necessary condition for the trilogue to start. It is fair to say that the debate

Posted in Digital Single Market (EU), Policy & Regulation, Telecoms & Broadband Photo of Angus CoulterPhoto of Alice 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 of the Commission’s Digital Single Market Policy. It is designed to set EU-wide common rules and objectives on how the telecoms industry should be regulated.  The Commission’s aim has been

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

DSM Watch: Copyright Directive moves a step closer as EU Council publishes agreed draft

On 25 May 2018, after months of discussions, the EU Council’s Permanent Representatives Committee (COREPER) finally agreed its position on the draft Copyright Directive (see the official press release here), although it has been suggested that Germany, Finland, the Netherlands, Slovenia, Belgium and Hungary did not support it. The agreed text (read it in full here) will serve as the mandate for the Council Presidency to negotiate with the EU Parliament, once the Parliament has agreed its own position. The EU Parliament Committee on Legal Affairs (JURI) is due to

Posted in Digital Single Market (EU), Policy & Regulation Photo of Alastair ShawPhoto of Penny 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 all need to remain accessible when temporarily abroad in another Member State. Service providers need to make sure this travel option is provided to their customers. Providers of free-of-charge online content services

Posted in Broadcasting, Digital Single Market (EU), Policy & Regulation

Webinar: TV regulation in a digital age

The trialogue between the European Commission, the European Parliament and the Member States on the revision of the Audio-Visual Media Services (AVMS) Directive is currently in progress, after several years of work by all parties to update the text of the Directive. This update is timely, given the profound and rapid changes in how TV and other video content is delivered and consumed throughout the EU. In this context, Analysys Mason and Hogan Lovells are publishing a white paper, “TV regulation in a digital age”, which grapples with the changes

Posted in Copyright, Digital Single Market (EU)

DSM over lunch with U.S. Copyright Society

We were delighted and honoured to speak at last week’s lunch event of U.S. Copyright Society (CS USA). The Los Angeles Chapter of the CS USA kindly invited Salomé Cisnal de Ugarte (Brussels), Alberto Bellan (Milan) and myself to sit on a panel together with Susan Cleary, Vice President and General Counsel of the Independent Film & Television Alliance (IFTA). The panel discussed the new copyright law in Europe brought about by the Digital Single Market strategy that is currently implemented with the EU, and assessed the antitrust and competition issues arising in this context. Corey Field,

Posted in Digital Single Market (EU), Policy & Regulation

EU: Cross-border parcel delivery – Council approves final text of regulation

The Digital Single Market, as pushed forward with increasing speed by the European institutions, does not end with the click of a “purchase” icon. Goods ordered and bought online need to find their way to the purchaser, be it a consumer or a corporation. This is why the Commission, as part of its overall DSM strategy published a draft regulation on cross-border parcel delivery on 25 May 2016 (COM (2016) 285). The Commission’s main objectives were to Improve the market’s efficiency through effective regulatory oversight and increased competition, and Improve

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

DSM Watch: the new Copyright Directive – recent developments on the proposed Ancillary Right for Press Publishers

The European Parliament’s Rapporteur on the draft Copyright Directive (COM (2016) 593), Axel Voss, released proposed amendments to Article 11 and its corresponding recitals at the end of March. Mr Voss’s draft, for the shadow Rapporteurs on the Parliament’s Committee on Legal Affairs (JURI), introduces a number of remarkable suggested changes, which diverge significantly from the Bulgarian Presidency’s compromise proposal debated by the Council’s Working Party on Intellectual Property the same day. The idea itself of an ancillary right for press publishers is being widely questioned following the setbacks experienced

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

European Copyright Reform: Final Vote by JURI postponed to June 2018

The copyright reform is one of the core pillars of the EU Commissions endeavor to create a real Digital Single Market within the European Union. However, despite of the first draft of the new Copyright Directive (COM (2016) 593 final) having been published some time ago (14 September 2016) the EU institutions seem to have difficulties in getting to terms with the final wording. In Brussels as well as in Strasbourg we see a multitude of differing views on how the new law shall be phrased. This week, the Committee of

Posted in Copyright, Digital Single Market (EU) Photo of Alastair Shaw

Europe: New Obligations for Platform Operators – Where Do We Stand?

The reform of European Copyright law is at the heart of the European Commission’s efforts to create a true Digital Single Market. The new draft Directive on copyright in the Digital Single Market (“Copyright Directive“, COM (2016) 593) dates back to 14 September 2016. Whilst with many provisions of the draft Directive the final wording has been already agreed upon, the views on how to shape Article 13 of the draft Directive, which is one of the core provisions, are still highly contradictory (see also our previous blog posts here

Posted in Digital Single Market (EU), e-commerce

Cross-border parcel delivery – European Parliament approves the regulation proposal

Some time ago now, the European Commission launched an initiative to improve transparency and regulate the cross-border parcel delivery sector as part of its aspiration to create a real Digital Single Market. Clearly, no pan-European online market can exist without a functioning delivery system covering the entirety of the Union. A draft regulation on this subject was first published on 25 May 2016 (COM (2016) 285). Since then, the proposal has been debated both on a national as well as a European level and now, the European Parliament has agreed

Posted in Digital Single Market (EU), Policy & Regulation Photo of Winston MaxwellPhoto of Oliver Wilson

The Digital Single Market: Geoblocking regulation ready to be enacted!

The new provision on the banning of unjustified geoblocking in online sales is at the heart of the EU Commission’s aspiration and effort to create a real Digital Single Market within the European Union. The term “geoblocking” stands for any type of technical or contractual discrimination based on the nationality or residence of a customer. It is a common phenomenon on today’s Internet. Users are often rerouted and offered differing conditions and prices depending on their IP address. The core aim of the now finalised regulation is to prevent discrimination for

Posted in Copyright, Digital Single Market (EU)

Geoblocking – EU Parliament approves new regulation

The regulation on measures against unjustified geo-blocking is close to become binding law. After the European institutions had reached a compromise on some last open issues in last November, the European Parliament approved the revised draft regulation in its plenary session on Tuesday. The billed sailed through with 557 to 89 votes and 33 abstentions (press release). This marks a milestone in the endeavour to bring to an end willful obstacles within the Digital Single Market. The legislative initiative goes back to a draft the European Commission, officially presented on 25