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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 Digital Single Market (EU), Internet, Policy & Regulation Christian RitzFalk SchoeningPeter 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 … Continue Reading

Posted in Copyright, Digital Single Market (EU) Eva VonauCamille Pecnard

Webinar recording: Digital Single Market – The New European Copyright

On Friday, 23 September 2016, we held a well-received webinar on the Commission’s latest package of legislative initiatives in the copyright environment. This included a concise review and summary of the six draft directives, draft regulations, communications and impact assessments the commission has bundled in its “Second Copyright Package” as published on 14 September 2016. Specifically, we touched … Continue Reading

Posted in Copyright, Digital Single Market (EU) Eva Vonau

DSM Watch: A closer look at the draft EU Regulation on online transmissions of broadcasting organisations and closed networks

Last week, the European Commission officially released a communication on its endeavours to modernize the EU copyright rules. The paper was accompanied by several – long awaited – legislative proposals aiming for modelling future European copyright law (see blog post).

Following-up on our introductory blog post last week, we now take a closer look at the proposed Regulation on … Continue Reading

Posted in Copyright, Digital Single Market (EU)

Webinar invitation: Digital Single Market – The New European Copyright

There have been busy days in Brussels regarding the shaping of tomorrow’s copyright law in Europe. It took the Commission ten months to follow-up on its first package of copyright legislation released last December, with a second set of draft regulations and directives published on 14 September 2016.

The second legislative package truly touches upon almost everything that is hot … Continue Reading

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

European Commission’s e-commerce sector inquiry – increasing antitrust heat

Online sales are not only attracting the attention of consumers and tech businesses, but also increased review by antitrust regulators. The European Commission yesterday published a detailed 290 page preliminary report on its e-commerce sector inquiry.

While commenting on the release of the report, EU Competition Commissioner Margrethe Vestager stated that the report should be “a trigger for companies Continue Reading

Posted in Copyright, Digital Single Market (EU) Alastair ShawEva Vonau

DSM Watch: Legislative proposals on Copyright officially released

These are exciting days for copyright fans. Yesterday, the European Commission officially published a communication accompanied by several – long awaited – legislative proposals regarding the future of the European copyright law (see this press release). The content of the individual documents does not come as a surprise given that we have seen a number these documents leaked as … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawEva Vonau

DSM Watch: Draft of Commission’s Copyright Communication leaked

It is a busy time in Brussels right now. Within the last few days, we have seen leaked drafts of a comprehensive staff working paper on the modernization of EU copyright rules, a draft copyright directive and a draft regulation on online transmission of broadcasts (see our respective blog post). At the end of last week, these were followed … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawEva Vonau

DSM Watch: Draft of new Copyright Directive leaked

Apparently, summer season is over in Brussels. Already last week, a comprehensive staff working paper was leaked dealing with the European Commission’s aim to modernize copyright law within the EU. (see our respective blog post). Then on Wednesday, a first draft of the new Copyright Directive became public. It deals with, among other points, new and mandatory limitations … Continue Reading

Posted in Copyright, Digital Single Market (EU) Alastair ShawEva Vonau

EU: DSM-Watch – Commission staff working document on copyright reform leaked

As part of the Commissions Digital Single Market Strategy, the European copyright rules are also under review. So far, a rather general communication “Towards a modern, more European copyright framework” as well as a draft regulation on cross-border portability have been published (blog post series). This was in December 2015. Since then, particularly the draft regulation … Continue Reading

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

Webinar recording: The Brexit Effect on European TMT and the Digital Single Market

Earlier this week, four Hogan Lovells partners met virtually and discussed the impact of Brexit on the Commission’s Digital Single Market strategy as announced on 6th of May 2015 (COM(2015) 192 final) and as currently put into practice by way of numerous legislative initiatives. Don McGown (London), Winston Maxwell (Paris), Nils Rauer (Frankfurt) and Falk Schoening (Brussels) … Continue Reading

Posted in Digital Single Market (EU)

Webinar invitation: The Brexit Effect on European TMT and the Digital Single Market

The UK has voted to Leave the EU. We wait to see if, when and how that happens and what the UK’s future relationship with the 27 other Member States will look like.

At the same time the EU has embarked on the Digital Single Market (DSM) initiative to apply “single market” principles to the digital economy and promote the … Continue Reading

Posted in Copyright, Digital Single Market (EU) Eva Vonau

Advocate General comments on lending of e-books

Will the lending of e-books be governed by the same rules as the lending of “classic” printed books? This is an important question that public libraries and others are eagerly trying to get answered in Europe. The Court of Justice of the European Union (CJEU) currently is sitting over a case that deals with exactly this query. At the heart … Continue Reading

Posted in Digital Single Market (EU) Winston Maxwell

DSM Watch: Commission official and industry experts discuss “problem-based” approach to platform regulation

Digital Europe‘s June 22, 2016 debate on platform regulation featured Anna Herold, Member of Cabinet of Commissioner Oettinger, Patrice Chazerand, Director, Digital Europe, Pieter Nooren, from the Dutch think tank TNO and Hogan Lovells partner Winston Maxwell.

Ms. Herold emphasized the “problem-based” approach to platform regulation put forward by the Commission’s recent communication on platforms, … Continue Reading

Posted in Digital Single Market (EU) Christelle Coslin

Hogan Lovells Paris TMT seminar on “Digital Single Market: strength through union?”

Hogan Lovells’ Paris office recently hosted a seminar on the Digital Single Market, the strategy launched a year ago by the European Commission, in the context of the French Digital Republic Bill which is currently being discussed before the French Parliament.

In May 2015, the European Commission launched its Digital Single Market strategy to make the EU single market fit … Continue Reading

Posted in Broadcasting, Digital Single Market (EU) Winston MaxwellMarco BerliriAlberto BellanEva Vonau

DSM Watch: EU Commission proposes expanded audiovisual regulation

On 25th of May the European Commission published the draft for the amended Audiovisual Media Services Directive (AVMS Directive), which regulates broadcasting and on-demand audiovisual media services in Europe. The Commission’s draft extends the scope of audiovisual regulation to cover new online services.

Regulation of internet video channels

Currently the AVMS Directive only covers content that is comparable “… Continue Reading

Posted in Digital Single Market (EU) Oliver Wilson

The DSM and e-commerce reforms: the consumer rules

Towards the end of 2015 the European Commission delivered two proposals for reforms to the EU’s e-commerce regulatory landscape (the “Draft Directives”):

  • a proposal for a directive to harmonize rules regarding the supply of digital content (the “Digital Content Directive”); and
  • a proposal for a directive to harmonize rules regarding the distance sale of goods (the “Distance Goods Directive”).

These … Continue Reading

Posted in Copyright, Digital Single Market (EU) Christelle CoslinChristine Gateau

DSM Watch: European Commission presents targeted approach to online platforms

On 25 May 2016, the European Commission published a long-awaited Communication on “Online Platforms and the Digital Single Market: Opportunities and Challenges for Europe“, together with a Staff Working Document. Both documents rely on the results of the public consultation on online platforms carried out between September 2015 and January 2016. The main ideas developed in the Communication … Continue Reading

Posted in Digital Single Market (EU) Jan Blockx

DSM Watch: Commission proposal on geo-blocking regulation published

On 25 May 2016, the Commission published a package of five proposals aimed at implementing its Digital Single Market (DSM) strategy (see our blog describing the package). The DSM strategy contains 16 aligned initiatives in a variety of fields such as telecommunications, consumer rights and Big Data, each of which is intended to bring the EU one step closer … Continue Reading

Posted in Digital Single Market (EU)

DSM Watch: European Commission releases key digital market proposals

The European Commission today released five long-awaited digital market proposals:

  1. The draft amendment to Europe’s Audiovisual Media Services Directive. This amendment would broaden the scope of audiovisual regulation by including new forms of short videos. It would impose a 20% minimum European content on VOD providers, and allow European Member States to tax some VOD services to support national
Continue Reading
Posted in Digital Single Market (EU), e-commerce Jan BlockxChristian RitzOliver WilsonChristoph Wünschmann

DSM WATCH: Draft Proposal For Geo-Blocking Regulation Leaked

News site Politico this week leaked a draft proposal for an EU Regulation on addressing geo-blocking and other forms of discrimination based on place of residence or establishment, or nationality within the Single Market.  (And as a reminder – the phrase “geo-blocking” in this context refers to access limitations to websites generally rather than blocking audio-visual content – and indeed … Continue Reading

Posted in Digital Single Market (EU) Alberto Bellan

DSM Watch: Online platforms – Commission communication to be the next major milestone on the road to a Digital Single Market

The EU Commission looks set next month to release a new communication providing policy guidelines as to the direction it wishes to take for on-line platforms. While the official Communication is scheduled to be released in mid-May, Statewatch.org has just made available a draft version (tentatively dated 25 May) entitled “Online Platforms and the Digital Single Market – Opportunities and … Continue Reading

Posted in Digital Single Market (EU) Matthew LevittJan Blockx

DSM Watch: Proposed commitments in European Commission’s UK Pay-TV investigation focus on allowing “passive sales” of broadcasting content outside territory

On 22 April 2016, the European Commission published for comment the first set of commitments offered in the UK Pay-TV investigations. Those commitments represent an important milestone in the Commission’s efforts to reduce the effects of territorial restrictions in content licensing agreements and may foreshadow the legislative proposals which the Commission has announced for the coming months.

Background

On 23 … Continue Reading

Posted in Digital Single Market (EU)

DSM Watch: EU Commission launches public consultation on the evaluation and review of the ePrivacy Directive

On 12 April 2016, the European Commission launched a public consultation (the “Consultation“) on the ePrivacy Directive (2002/58/EC; the “epD“). Interested parties who wish to participate have until 5 July 2016 to submit responses to the Commission’s 33 questions.

The Consultation marks the next step in European data protection reform, arriving shortly after policymakers finally completed … Continue Reading

Posted in Copyright Eva VonauDiana Ettig

EU: Advocate General – Hyperlinking is lawful regardless whether content was uploaded with or without permission

Hyperlinks are yet again on the Court of Justice of the European Union’s (CJEU) agenda. Whilst in 2014, the decision Svensson (C-466/12) and BestWater International (C-348/13) set path-breaking precedent, the current matter GS Media (C-160/15) promises to fill those gaps that remained after the first two judgments.

On 7 April 2016, it was for … Continue Reading