The European Data Protection Board (EDPB) has adopted the narrowest possible interpretation of ‘contractual necessity’ as a ground for processing of personal data. The Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects (adopted on April 9, 2019 and open for consultation until May 24, … Continue Reading
On January 10, 2017, the European Commission released a Communication, a fact sheet, a working document and a public consultation relating to Europe’s “data economy”. The fact sheet states that “data is a new type of economic asset”, which is essential for innovation and growth. The Commission’s objective is to remove “unjustified restrictions” and “legal uncertainties” in order … Continue Reading
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
To what extent are the personal communications sent by an employee from their employer’s computer private? In Europe it has been accepted for some years that employees do not lose their right to privacy in the workplace. However a recent decision from the European Court of Human Rights (ECHR) confirms the rights of the employer to restrict employees from any … Continue Reading
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
Net neutrality has in recent years become a prominent area of interest for BEREC – the Body of European Regulators for Electronic Communications – which is composed of high level representatives of the relevant national regulatory authorities (NRAs) in each EU Member State. In 2011 the European Commission asked it to undertake a fact-finding exercise on issues crucial to ensuring … Continue Reading
France’s broadcasting regulatory authority, the CSA, published in its April 14, 2014 annual report the details of a legislative proposal that would allow the CSA to claim jurisdiction over a broad swath of Internet content called “digital audiovisual services.” This new category of services would be subject to several of the most fundamental principles of French audiovisual law, such as … Continue Reading
The European Commission’s Green Paper “Preparing for a Fully Converged Audiovisual World: Growth, Creation and Values” asks stakeholders to comment on some of the most difficult policy questions of the decade, such as how to preserve European audiovisual policy objectives in a borderless Internet environment. Here are highlights:
Copyright. The Commission refers to its ongoing work on copyright reform, … Continue Reading