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Tag Archives: European Commission

Posted in Internet of Things Photo of Raphael Fleischer

Consumer IoT – European Commission initiates inquiry into the consumer Internet of Things sector

The European Commission (“Commission”) has launched an antitrust sector inquiry into the Internet of Things (“IoT”) sector for consumer-related products and services within the European Union. The Commission is looking to develop a better understanding of how this fast-moving sector works and some of the potential issues that may arise from a competition law perspective. The regulator intends imminently to send requests for information to a range of players in this sector and already plans to publish a preliminary report on its findings in the spring of 2021. As such,

Posted in Data Protection & Privacy Photo of Eduardo UstaranPhoto of Lilly Taranto

Making COVID-19 Apps Data Protection Compliant

The role of COVID-19 contact tracing apps in the exit strategy of the current lockdown that is gripping much of the world is increasingly becoming a focus of attention. While that role is being hotly debated, it is very likely that those apps in combination with other measures will be deployed across many countries. Until now and despite the calls by influential bodies such as the European Data Protection Supervisor for a coordinated approach to the development of single COVID-19 mobile app involving the World Health Organization, different countries have

Posted in Policy & Regulation Photo of Eduardo Ustaran

AG Says ePrivacy Applies to Government Access to Communications Data

On  January 15, the Court of Justice of the European Union’s (CJEU) Advocate General (AG) Manuel Campos Sánchez-Bordona delivered his Opinion on four references for preliminary rulings on the topic of retention of and access to communications data. Of the four references, two originated from France, one from Belgium, and one from the Investigatory Powers Tribunal (IPT) in the United Kingdom. The latter arose from a challenge by Privacy International to the UK Security and Intelligence Agencies’ (SIAs) powers under the Telecommunications Act 2014 and the Data Retention and Investigatory

Posted in Policy & Regulation

DSM Copyright Directive: a new leak reveals there is still a long way to go

The provisions of the Copyright Directive (COM(2016)593) are currently being discussed between the Council, the Parliament and the Commission in order to reach a compromise wording. Though these talks are generally strictly confidential, some working documents occassionally find their way out. Here is a summary of the lesons we can learn from the latest document that has leaked. The story so far After months of tense debates, both the Council and the Parliament could each find a majority on the wording of the draft directive (read our blog posts here

Posted in Technology, Telecoms & Broadband Photo of Ari FitzgeraldPhoto of Sarah K. Leggin

New Discoveries from Galileo? FCC Grants non-Federal Access to Revolutionary European Satellite

At its Open Meeting on November 15, the FCC approved a draft Order that grants in part the European Commission’s (EC) long-pending request for waivers of certain FCC licensing requirements to permit non-Federal U.S. receive-only earth stations to operate with specific signals of the Galileo satellite system (Galileo) without having to obtain an FCC license or grant of US market access.

Posted in e-commerce, Internet, Policy & Regulation, Technology Photo of Christian Ritz, LL.M. (USYD)

Digital competition policy on the move: Price algorithms in the German Monopolies Commission’s spotlight – European Commission launches consultation process

Price algorithms are clearly the “talk of the town” in the European competition law community these days. Just last week, the German Monopolies Commission published a report in which it discusses potential anti-competitive effects of price algorithms and proposes far-reaching amendments to the competition law enforcement framework. Meanwhile, the European Commission has announced a consultation process with a view towards shaping competition policy in the era of digitisation. Price algorithms in the focus of European competition authorities Across Europe, competition authorities are currently putting a focus on algorithms. In recent

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

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 Copyright, Digital Single Market (EU) Photo of Penny ThorntonPhoto of Alastair Shaw

DSM Watch: EU Copyright reform – where do we stand?

Reform of EU copyright is the core of the Commission’s Digital Single Market strategy. Various legislative initiatives have been proposed but the “heart” of the reform is without a doubt the proposal for a new copyright directive. While there appears to be a growing consensus on the wording of most articles, a few key provisions remain under debate. In this article we comment on the current 23 April and 17 May 2018 draft proposals published by the Council of the EU (Member State governments’ representatives). Originally the hope had been

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 Internet, Technology

The Internet of Things Webinar Series: Product Liability in Europe

On April 11, 2018, Hogan Lovells hosted another installment in its 2018 webinar series on emerging issues involving the Internet of Things (IoT). This webinar focused on product liability in Europe. New connected products are hitting the market at an unprecedented rate, so staying aligned with the evolving regulatory and legal issues is more important than ever. With the opportunity to hear from those with direct and versatile industry experience, this session promises an insightful and comprehensive look at the most important legal issues, questions, and solutions surrounding product liability. Valerie

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 Policy & Regulation Photo of Oliver WilsonPhoto of Josefine Crona

The impact of the Geo-blocking Regulation after Brexit

In anticipation of the UK’s withdrawal from the European Union, the European Commission has released a Notice to Stakeholders on the impact of Brexit on the incoming rules on geo-blocking (the “Notice“). The Geo-blocking Regulation (Regulation (EU) 2018/302) was adopted by the EU on 27 February 2018 and will apply from 3 December 2018 (see our blog here), prohibiting online sellers (from the EU, UK or any other third country) who direct sales to customers in an EU Member State from discriminating against customers elsewhere in the EU based on

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), 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 Policy & Regulation Photo of John Salmon

EU regulators warn consumers of virtual currencies bubble

Three European regulators have warned investors about the risks associated with dealing with virtual currencies, saying they are unsuitable “for most purposes, including investment and retirement planning”. What does this mean? The European Securities and Markets Authority, the European Banking Authority and the European Insurance and Occupational Pensions Authority have joined together to express their concern over the fact that an increasing number of consumers are buying virtual currencies without being aware of the “high risk” of losing their money. “The [virtual currencies] currently available are a digital representation of

Posted in Data Protection & Privacy Photo of Winston Maxwell

European Commission and Article 29 Working Party Urge Respect for International Law in Data Cases

Territoriality will continue to be one of the most vexing problems for data regulation in 2018.  One aspect of this debate relates to whether a U.S. judge can compel the disclosure of personal data located in Europe without using international treaty mechanisms.  This issue is currently being considered by the United States Supreme Court in the case United States v. Microsoft.  The case involves the question of whether a U.S. statute relating to search warrants can be interpreted as extending to a search for data located outside the United States;

Posted in Digital Single Market (EU) Photo of Falk SchoeningPhoto of Winston MaxwellPhoto of Peter WattsPhoto of Marco Berliri

Tomorrow’s landscape for digital business – The Digital Single Market becomes real!

DSM – What is it about? In 2018, we will see new EU legislation being widely implemented as part of the EU Commission’s Digital Single Market (DSM) Strategy. The amendments to the current legal framework are far reaching and will potentially be game changing. Some of the key areas to be affected will be:   — Unjustified geo-blocking — Copyright law — Audio-visual media services (AVMS) — Internet broadcasting — Free flow of data / Cloud Services — VAT regulation for online trade — Platform liability — Electronic Communications Code —

Posted in Data Protection & Privacy Photo of Winston Maxwell

DSM Watch: Stakes high for IoT industry in European ePrivacy debate

Following the European Commission and European Parliament’s proposed versions of the EU Regulation on Privacy and Electronic Communications (the ePR), we are now waiting for the Council of the European Union to agree their position before discussions between the three bodies can begin. A discussion paper from the Bulgarian Presidency of the Council dated 11 January 2018 (the Paper) shows that the Council is still considering multiple options in relation to several critical issues. In particular: The Commission’s draft of the ePR clarified that communications between machines (M2M communications) are

Posted in e-commerce Photo of Peter WattsPhoto of Oliver Wilson

EU ends unjustified geoblocking

What has happened? The European Union will end unjustified geoblocking for consumers wishing to buy products or services online within the EU before the end of next year. What does this mean? The European Parliament, the Council and the Commission have reached an agreement whereby consumers will be able to buy goods and services online from any EU country. The EU expects that the new rules will boost e-commerce for the benefit of consumers and businesses. In effect, people in the EU will now be able to buy products online,