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
On 12 July 2016, the European Commission issued its much awaited “adequacy decision” concerning the Privacy Shield framework for the transfer of personal data from the EU to the U.S. This adequacy decision is based on the latest version of the Privacy Shield, which was further negotiated and revised following the Article 29 Working Party’s April 2016 concerns with … Continue Reading
A non-compete obligation which is imposed on the seller in the context of a M&A transaction can be permissible when it is ancillary to the transfer of the relevant business, that is, when it is directly related and necessary to the implementation of the deal. In order to enjoy the fruits of the purchase of the transferred business, the buyer … Continue Reading
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
There have been some pretty big claims about the potential of mHealth. One 2012 study predicted that in 2017 mHealth could potentially save a total of USD $99 billion in healthcare costs across the EU. The European Commission has also actively promoted the importance of mHealth following their 2014 consultation. One of the initiatives to emerge from the Commission has … Continue Reading
The Italian administrative tribunal of Lazio region (tribunale amministrativo regionale del Lazio, “TAR”), the sole responsible court for the appeal of the Italian Competition Authority (“ICA”) decisions, has recently provided detailed clarification regarding when information exchange between competitors is not illegal. In a series of judgments regarding the TV post-production services case, the TAR overturned the conclusions … Continue Reading
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.
On 25 May 2016, the European Commission published a “Commission Staff Working Document” together with its “Communication on Online Platforms and the Digital Single Market: Opportunities and Challenges for Europe ” (see here our previous post on this Communication).
The starting point of the Staff Working Document is that online platforms cover a wide range of activities, … Continue Reading
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
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
One of Harry Houdini’s most difficult tricks consisted of escaping from a nail-fastened and rope-bound wooden crate with manacles on his hands and feet, while submerged in New York’s East River. That feat is starting to look straightforward when compared to the prospect of lawfully exporting personal data out of the European Union. The restrictions on transfers of data to … Continue Reading
Regulators in the European Union and United States are racing to rewrite telecom rules for a host of new technologies ranging from over-the-top voice to ultra high-speed wireless broadband. But does the regulatory mantra of “new rules for new times” represent the foundation of the new digital economy or its undoing?
Are regulations mandating an open internet the key to … Continue Reading
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
Unveiled February 29, 2016, the new EU-U.S. Privacy Shield attempts to address the shortcomings of the Safe Harbor arrangement identified originally by the European Commission and later by the Court of Justice of the European Union (CJEU) in its Schrems decision. The Privacy Shield proposes improved data protection principles, better enforcement by the US Department of Commerce and the Federal … Continue Reading
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
The European Commission today released five long-awaited digital market proposals:
- 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
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
The new EU General Data Protection Regulation (GDPR) is finally with us. All change. All affected. Now is the time to pay attention.
Businesses have two years to prepare for the new GDPR, which will become fully enforceable on 25 May 2018.
Our Privacy and Cybersecurity team has issued an up to date practical guide, Future-proofing privacy, co-authored by 24 … Continue Reading
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
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.
On 23 … Continue Reading
On 7 April 2016 the European Commission released its VAT Action Plan, which provides a pathway to the creation of a single Value Added Tax (VAT) area in the European Union. The Commission considers the current VAT system to be a core element of the single market that should assist in facilitating trade within the single market. However, the Commission … Continue Reading
Antitrust regulators around the globe reinforce the importance of innovation for the assessment of mergers and acquisitions.
The European Commission this month published a policy brief on the role of innovation in merger control within the European Union (EU) outlining the Commission’s approach to the assessment of innovation in the context of merger control. In addition, EU Commissioner Vestager in … Continue Reading
DSM Watch: Commission presents measures to digitise European Industry
Today, the European Commission published its Communication on “Digitising European Industry – Reaping the full benefits of a Digital Single Market” together with several other Communications and Staff Working Documents. These documents set out a series of measures and proposals intended to reinforce the EU’s competitiveness in digital technologies and to … 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