The EU Commission announced its Digital Single Market (DSM) strategy in May 2015. Since then, plenty of draft directives and regulations have been put on the table. Many of those will be enacted within the next weeks and months. The EU Parliament and Council are currently in the process of agreeing on last amendments to the Commission’s proposals, … Continue Reading
The European copyright reform is underway. The heart of this process clearly is the draft for a Directive on Copyright in the Digital Single Market (COM 2016(593) final). The draft is and the proposed amendments to it are currently being considered by the European Parliament. The debate is led by the Committee on Legal Affairs (JURI). It was anticipated that … Continue Reading
In our 18 July blog we reported the then recently published key dates for compliance with the EU online Portability Regulation. Following a correction published in the EU Official journal on 28 July 2017, those deadlines have been pushed back by just under two weeks. A revised version of our blog post is below, with the new deadlines added.
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The ever-lasting discussion regarding the implementation of a European ancillary copyright for press publishers has now entered the next round. In March 2017, MEP Therese Comodini Cachia, who then was the rapporteur of the European Parliament’s committee on legal affairs (JURI), spoke out against such a right (report), after the Commission had envisaged such a right in … Continue Reading
According to the German Federal Labor Court, Germany’s highest court for employment disputes, German employers are not allowed to monitor employees in the workplace without a concrete suspicion of a criminal violation or, in some cases, a serious breach of duty (judgment dated July 27, 2017, case ref. 2 AZR 681/16). This means that employer monitoring of an employee’s computer … Continue Reading
Four years after signing the Marrakesh Treaty (introduced by the WIPO) to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled, the EU institutions finally voted for its implementation. With over 600 votes, the European Parliament adopted the final compromise on 6 July 2017. The European Council ratified the compromise on 17 July … Continue Reading
In our 21 June blog we reported that the text of this, the first legislative proposal published by the Commission under the Digital Single Market strategy banner, had been finalised by the European Parliament and Council. The Regulation on ensuring the cross-border portability of online content services in the internal market ((EU) 2017/1128), to give it its formal title, has … Continue Reading
On June 19, Hogan Lovells Washington D.C. hosted a panel to discuss Europe’s Digital Single Market (DSM) initiative and how the European Union’s strategic plans might affect trade and business relations between the United States and Europe.
Hogan Lovells partners (Brussels) were joined by Andrea Glorioso, Counselor for the Digital Economy at the Delegation of the European Union to the … Continue Reading
Swiftly following the CJEU decision in Filmspeler (see our blog post), in which the Court found that the selling of multimedia players with add-ons to illegal streaming websites amounted to copyright infringement, the CJEU has confirmed that an indexing site such as the infamous website, The Pirate Bay, can be liable and as a result, internet service providers (ISPs) … Continue Reading
The new EU Radio Equipment Directive 2014/53/EC (“RED”) applies to all radio equipment, such as products with mobile communication, Bluetooth or WiFi. It is replacing the former EU Directive on Radio and Telecommunication Terminal Equipment 1999/5/EC (“R&TTE Directive”).
RED has been applicable since 13 June 2016 but provided a one-year transitional period, during which companies were allowed to continue placing … Continue Reading
DSM Watch has been tracking this, the first legislative proposal published by the Commission under the Digital Single Market strategy banner, since back in December 2015. The Commission’s aim was to allow consumers who pay for online content services in their home country to access them when visiting another country within the EU.… Continue Reading
Join us on 19 June, 10:00 a.m. – 1:30 p.m. EST, for a lively discussion with experts regarding the current regulatory developments in Europe and the United States. Andrea Glorioso, Counselor for the Digital Economy at the Delegation of the European Union to the United States, will provide an overview of what U.S. markets might expect from the EU. … Continue Reading
On 12 May 2017 the European Aviation Safety Agency (“EASA“) opened a consultation into sweeping new regulations on the operation of unmanned aircraft systems (“UAS” or drones) in European airspace. Individuals and companies that are interested in the future of UAS operations in the European Union (“EU”) should carefully review the Notice of Proposed … Continue Reading
The European Commission is taking stock of what has been accomplished regarding its Strategy for a Digital Single Market. Two years ago, on 6 May 2015, Commissioners Oettinger and Ansip announced their strategy to create a single European market in the online world. Such market should rest on three pillars: (1) better access for consumers and businesses to digital … Continue Reading
The European commission published its last draft directive on the modernizing of the European copyright law (COM(2016) 593 final) on 14 September 2016. The draft was part of a larger strategy to bring about a single digital market within the European Union. Back then, the legislative proposal triggered quite some discussion given that its provisions touched upon more than one … Continue Reading
In a February 7, 2017 webinar, the Hogan Lovells Digital Single Market (DSM) team presented its take on new developments for 2017. Peter Watts introduced the session by warning that the loss of the UK voice in EU policy making could lead to rules that are less sensitive to business needs. Marco Berliri commented on the challenges currently facing large … Continue Reading
On 7 February, negotiators for the European Parliament, Member States and the Commission agreed the proposal for a regulation on EU cross-border portability of online content services. This is the first agreement relating to the modernisation of EU copyright rules proposed by the Commission as part of the Digital Single Market strategy.
Under the new rules, which will come into … Continue Reading
The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that index content available on peer-to-peer (P2P) networks, such as The Pirate Bay, infringe copyright when there is no actual content … Continue Reading
The Digital Single Market (DSM) strategy the EU Commission announced in May 2015 is about to spread its wings. 2016 saw it grow remarkably with legislative initiatives being pushed forward at various ends including the ban on geo-blocking, portability of online content (the so-called “Connectivity Package“), the “Copyright Package,” and most recently, the Commission published its … Continue Reading
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 … Continue Reading
The European Commission has released its proposal for a new EU e-Privacy Regulation that will replace the existing e-Privacy Directive. The high level aim of the draft e-Privacy Regulation is to harmonise the specific privacy framework relating to electronic communications within the EU and ensure consistency with the GDPR. Compared to the existing Directive, the draft e-Privacy Regulation has broader … Continue Reading
At the Body of European Regulators for Electronic Communications (BEREC)’s annual stakeholder forum in Brussels, bundling in the telecom sector came under the spotlight, and in particular some questions were aimed at whether “bundled” offers were legal.
On the occasion of the BEREC forum, we thought it useful to revisit European rules on bundling which are relevant both from a … Continue Reading
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 … Continue Reading
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