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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) Alastair ShawDiana Ettig

DSM Watch: EU Commission launches consultation on neighbouring rights for publishers and on ‘panorama exception’

The European Commission recently launched a new public consultation on the role of publishers in the copyright value chain and on the so-called ‘panorama exception’. Interested parties, and in particular those involved in the publishing sector and the digital economy are invited to comment on the 23 questions raised by the Commission before the consultation closes on 15th June … Continue Reading

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

DSM Watch: Can manufacturers prevent resale of goods via third-party online platforms using selective distribution agreements? Uncertainty remains in Germany following recent decision of the Higher Regional Court of Frankfurt

In its Communication on a Digital Single Market Strategy for Europe (DSM) of 6 May 2015, the European Commission committed to assess the role of online platforms. In this context, the Commission launched a sector inquiry into e-commerce (6 May 2015) in order to gather data on the functioning of e-commerce markets and to identify possible competition concerns. In addition, … Continue Reading

Posted in Broadcasting, Digital Single Market (EU), Policy & Regulation Peter WattsWinston MaxwellJan BlockxMatthew Levitt

DSM Watch: Commission publishes geo-blocking issues paper

The European Commission’s newly published geo-blocking issues paper concludes that geo-blocking practices are widespread across sales of both consumer goods and digital content.

The Commission has reconfirmed its intention to look carefully at such practices under the EU competition rules particularly where underpinned by agreements. This suggests a range of distribution and licensing arrangements are likely to be subject to … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDiana Ettig

DSM Watch: Towards a modern European copyright framework (Part 4): Creating a fairer marketplace

This fourth blog in a series of five looks at the European Commission’s plans for “Creating a fairer marketplace”.

Background

The Digital Single Market (DSM) strategy – presented in May 2015 – contains 16 initiatives in a variety of fields such as telecommunication, consumer rights and Big Data, each of which is intended to bring us one step closer to … Continue Reading

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

DSM Watch: Launch of online dispute resolution platform: what do traders need to know?

Last week saw the launch of the European Commission’s new online dispute resolution (ODR) platform to help consumers and traders resolve disputes about purchases made online. The ODR platform is available here.

Background

As part of the wider Digital Single Market (DSM) strategy, the aim of the ODR platform is to reduce the difficulties faced by consumers when complaining … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDiana Ettig

DSM Watch: Towards a modern European copyright framework (Part 3): copyright exceptions

Our third post in a series of five looks at the areas the European Commission has targeted for change in relation to copyright exceptions.

Background

The Commission’s Digital Single Market (DSM) strategy – presented in May 2015 – contains 16 initiatives in a variety of fields such as telecommunication, consumer rights and Big Data, each of which is intended to … Continue Reading

Posted in Digital Single Market (EU) Eva Vonau

DSM Watch: Commission identifies two trends from responses to SatCab Directive consultation but extending to online splits opinion

In August 2015 the EU Commission started a public consultation regarding the review of the Satellite and Cable Directive. The EU commission has now released its views on the first preliminary trends of the public consultation

Background

For an overview of the Commission’s Digital Single Market (DSM) strategy take a look at our earlier blogs for the whole and each … Continue Reading

Posted in Digital Single Market (EU) Charlie Hawes

DSM Watch: EU Commission publishes initial results of geo-blocking and online platforms public consultations

Last week the Commission released a summary of the responses received in two of the three public consultations launched in September 2015, in what was the opening salvo of concrete policy initiatives under the Commission’s Digital Single Market strategy.

The geo-blocking consultation sought evidence on the effect of technical barriers and other unjustified restrictions imposed by websites and online service … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDiana Ettig

DSM Watch: Towards a modern European copyright framework (Part 2)

As the second of a series of five, this blog post focuses on the first legislative proposal for European copyright reform: the proposal for a regulation on ensuring the cross-border portability of online content services in the internal market.

Background

The Digital Single Market (DSM) strategy – presented in May 2015 – contains 16 initiatives in a variety of fields … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDiana Ettig

DSM Watch: European Parliament votes for “Towards a Digital Single Market Act”

In its latest plenary session, the European Parliament (EP) adopted the resolution “Towards a Digital Single Market Act” (see press release). The resolution of 19 January 2016 forms the response to the Commission Digital Single Market Strategy (DSM) as announced in last May and pursued ever since.

Background

When the EU Commission published its DSM Strategy in … Continue Reading

Posted in Policy & Regulation Winston MaxwellChristine Gateau

France’s proposed digital law draws criticism

After a broad public consultation, the French government has introduced into Parliament a proposed law that would constrain the activities of digital service providers.  As discussed below, the proposal contains several controversial elements.

Data portability. The most controversial part of the proposal would require online service providers to transfer user data to other competing service providers if the user so … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDiana Ettig

DSM Watch: Towards a modern European copyright framework (Part 1)

In the first of a series of five, this blog overviews the European Commission’s action plan for modernising European copyright.

Background

In May 2015 the announcement of the EU Commission’s Digital Single Market (DSM) strategy received much attention. Our DSM Watch team is a multi-jurisdiction, cross-practice group working together to keep you informed as the initiatives under the DSM strategy … Continue Reading

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

DSM Watch: A big day for the DSM – EU Commission publishes three legislative proposals and two policy documents dealing with copyright reform and e-commerce rules

If the Commission persuades the EU Parliament and Council to its views, EU-wide digital content portability for consumers will become a reality under a draft Regulation unveiled today and aspects of online contract law for consumers will be fully harmonised across the EU under two new Directives, drafts of which were also published today.

This post outlines today’s publications. DSM … Continue Reading

Posted in Copyright, Digital Single Market (EU), e-commerce, Policy & Regulation Oliver Wilson

DSM Watch – first legislative proposals for e-commerce reform due on 9 December 2015

The European Commission is planning to put forward the first legislative proposals under its Digital Single Market strategy on 9 December.  The proposals will fall within the ambit of “Better access for consumers and businesses to digital goods and services across Europe” – but that covers a range of different issues, so we’re still not sure what will emerge by … Continue Reading

Posted in Copyright, Digital Single Market (EU) Alastair ShawLea KaaseDiana Ettig

DSM Watch: EU Commission announces first concrete legislative proposals – but when are they coming?

In this post we preview the EU Commission’s first concrete legislative proposals on reform of EU copyright under the DSM banner, and look further ahead to what the Commission has planned in this area for 2016.

Background

In May the announcement of the EU Commission’s Digital Single Market (DSM) strategy received much attention.  Our DSM Watch team is a multi-jurisdiction, … Continue Reading

Posted in Copyright

EU/Austria: CJEU rules on the definition of audiovisual media services

What is nowadays to be seen as a “programme“? And, what does characterize the “principal purpose” of a video section offered in the electronic version of a newspaper? These questions have been submitted to the Court of Justice of the European Union lately. On 21 October, the judges handed down their decision thereby clarifying some core … Continue Reading

Posted in Copyright

Dutch Court refers Case to CJEU regarding the Digital Exhaustion of Copyrights

Since the Court of Justice of the European Union (CJEU) rendered its well-recognized decision on the exhaustion of software rights in 2012 (CJEU, judgment of 3 July 2012 , Case Ref.: C-128/11 – UsedSoft), there is a lively discussion whether and under which conditions rights to digital works are subject to the principle of exhaustion. The reason why one … Continue Reading

Posted in Broadcasting, Copyright, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Internet, Policy & Regulation, Telecoms & Broadband Mark TaylorAlexandra Grundy

Europe’s Digital Single Market Strategy – a focus on Pillar 3

In this post (the last in this series), we focus on the initiatives introduced under the third pillar of the European Commission’s Digital Single Market Strategy: Maximising the growth potential of the European Digital Economy

The third pillar is built around the recognition of the pervasive nature of digital technology, and that soon all industry sectors will be digitised … Continue Reading

Posted in Broadcasting, Copyright, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Internet, Policy & Regulation, Telecoms & Broadband Mark TaylorAlexandra Grundy

Europe’s Digital Single Market Strategy – a focus on Pillar 2

On 6 May 2015, the European Commission published its Digital Single Market Strategy for Europe. The Strategy sets out a total of 16 initiatives under 3 pillars which lay the groundwork for Europe’s digital future.

In this post (the third in a series following our overview last week), we focus on the initiatives introduced under the second pillar: Creating Continue Reading

Posted in Broadcasting, Copyright, Data Protection & Privacy, e-commerce, Internet, Policy & Regulation, Telecoms & Broadband Mark TaylorAlexandra Grundy

Europe’s Digital Single Market Strategy – a focus on Pillar 1

On 6 May 2015, the European Commission published its Digital Single Market Strategy for Europe. The Strategy sets out a total of 16 initiatives under 3 pillars which lay the groundwork for Europe’s digital future.

Following our overview last week, in this post we focus on the initiatives introduced under the first pillar: Better access for consumers and businesses Continue Reading

Posted in Broadcasting, Copyright, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Internet, Policy & Regulation, Telecoms & Broadband Mark TaylorAlexandra Grundy

European Commission publishes its Digital Single Market Strategy for Europe

On 6 May 2015, the European Commission published its Digital Single Market Strategy for Europe. The Strategy sets out a total of 16 initiatives under 3 pillars (based upon key areas for action identified by the Commission earlier this year) which lay the groundwork for Europe’s digital future. The three pillars are:

  1. 1.  Better access for consumers and businesses
Continue Reading
Posted in Data Protection & Privacy, e-commerce, Internet, Policy & Regulation, Spectrum, Telecoms & Broadband Mark TaylorAlexandra Grundy

European Commission agrees areas for action on Juncker’s Digital Single Market Strategy

On 25 March 2015, the European Commission set out the three main areas it will focus on in developing its Digital Single Market Strategy, which is due to be published in May. These are:

  1. Better access for consumers and businesses to digital goods and services. This includes:
  • Facilitating cross-border e-commerce, especially for SMEs, with harmonised consumer and contract rules
Continue Reading