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Tag Archives: European Union

Posted in Internet of Things, Policy & Regulation Photo of Christelle Coslin

IoT in the EU: Lessons from COVID-19, and next steps for liability and regulation

The IoT sector has exploded over the past few years, and, even taking into account the globally inhibitive effects of COVID-19, this growth shows few long-term signs of abating. The buoyant, fast-paced IoT industry was the subject of a webinar, involving a panel of four partners from Hogan Lovells: Valerie Kenyon, Christelle Coslin, Matthias Schweiger, and Salomé Cisnal de Ugarte. Each gave their take on the state of play of IoT across the EU and explored the liability issues that potentially are coming down the line for IoT products. In this

Posted in Internet of Things, Policy & Regulation

Webinar – IoT in the EU: Lessons from COVID-19, and next steps for liability and regulation

Connected products remain in focus during 2020. Now more than ever before, they bring new opportunities to our homes, work, travel, and health care. Date: 15 September 3:30-4:15 BST In this webinar our leading cross-border products law team discuss the following: How IoT products have been helping tackle the COVID-19 crisis: a call out from a number of jurisdictions. Some areas of IoT law and regulation that need further development – as highlighted by the COVID-19 crisis. A quick catch-up on product liability developments in the European Union and the

Posted in Policy & Regulation Photo of Eduardo Ustaran

Getting Cookie Consent Right

One could be forgiven for thinking that knowing how to comply with a legal obligation that has been in place for nearly a decade would be clear cut. However, widespread practice tells us that this is far from the truth. In November 2009, as part of wider reforms to the European telecommunications regulatory framework, the European Union introduced various amendments to the existing Directive 2002/58/EC (‘e-Privacy Directive’), including to the provisions regulating the use of cookies. Since then the e-Privacy Directive has required obtaining the consent of users in order

Posted in Policy & Regulation, Privacy and Security Litigation Photo of Eduardo Ustaran

Hogan Lovells calls for an alternative approach to regulating privacy in the digital economy

LONDON, 25 November 2019 – Hogan Lovells has published a study evaluating the ongoing legislative proposal for a new ePrivacy Regulation, a law aimed at updating the current ePrivacy framework in the EU. After nearly three years of debates and negotiations, the European Union is nowhere near agreeing a position on how to achieve the right balance between the need for technological innovation, public security and the protection of privacy in the context of the digital economy. According to Hogan Lovells, this is due to the structure and legislative approach of the

Posted in Policy & Regulation

Eduardo Ustaran Discusses Brexit and ePrivacy on IAPP Podcast

Eduardo Ustaran was featured on the IAPP’s Privacy Advisor Podcast to discuss latest developments of Brexit—including various potential outcomes—and how companies doing business in the United Kingdom are looking ahead to prepare post-Brexit privacy and data protection compliance practices. Eduardo also outlined the state-of-legislation of the European Union’s ePrivacy update and discussed how the anticipated regulation may develop during Romania’s term in the Presidency of the Council of the European Union. To access The Privacy Advisor Podcast: Dispatch from London on Brexit and the ePrivacy Regulation, click here.

Posted in Internet, Policy & Regulation, Telecoms & Broadband Photo of Winston MaxwellPhoto of Mark BrennanPhoto of Arpan Sura

Study shows complexity and uncertainty of IoT regulation in Europe

A Hogan Lovells study comparing of regulatory requirements in the European Union, United States, and China shows the complexity and uncertainty of the regulatory framework relevant to Internet of Things (IoT) in Europe. The number of telecoms regulatory constraints affecting IoT in the EU is almost twice as high as in the United States and China. Federal Communications Commission (FCC) Chairman Ajit Pai compares the global race to 5G with World Cup football: “When it comes to 5G, we need to keep the playbook fresh and forward leaning.”[1] Outdated regulations

Posted in Data Protection & Privacy, Policy & Regulation Photo of Winston MaxwellPhoto of Christine Gateau

An Approach for Setting Administrative Fines Under the GDPR

Article 83 of the GDPR provides for two levels of administrative fines: a lower level – maximum of €10 million or 2% of the global turnover – for violations relating to record-keeping, data security, data protection impact assessments, data protection by design and default, and data processing agreements; and a higher level – maximum of €20 million or 4% of the global turnover – for violations relating to data protection principles, the legal basis for processing, information to data subjects, the prohibition of processing sensitive data, denial of data subjects’

Posted in Data Protection & Privacy Photo of Christine GateauPhoto of Winston MaxwellPhoto of Christelle CoslinPhoto of Pauline Faron

French initiatives: “class action” or “collective action” for personal data protection?

Both the French Council of State in its annual report for 2014 as well as the National Digital Council (hereinafter, “CNNum”) in its “Digital Ambition” report voiced support for the creation of an action enabling consumers to collectively seek redress for violations of regulations protecting personal data. However, their recommendations are different regarding the goal of this action. After some hesitation and numerous debates, the collective action for data protection finally became a reality in November 2016 thanks to the adoption of the law on the modernisation of 21st century

Posted in Data Protection & Privacy Photo of Christine GateauPhoto of Winston MaxwellPhoto of Eduardo Ustaran

Four key lessons when facing data class actions in Europe

Could the GDPR give rise to forum shopping and are there any pre-litigation strategies that should be considered? Here, we review four key elements that should be kept in mind in respect of data class actions in the EU. Damages In the US, many class actions are dismissed for lack of ‘standing’, i.e. because the litigants do not demonstrate that they suffered an ‘injury in fact’ that is concrete and actual or imminent. Does the US ‘injury in fact’ standard apply for data class actions in Europe? Under the GDPR,

Posted in Broadcasting, Copyright, Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Policy & Regulation, Technology, Telecoms & Broadband Photo of Peter WattsPhoto of Penny Thornton

The Brexit White Paper: A digital Brexit?

The UK Government’s White Paper sets out detailed proposals for the UK’s relationship with the EU following Brexit. As described in our dissection of the document as a whole, the White Paper sees the digital economy as an area of global opportunity for the UK.   So what does the Government have to say about sector? The White Paper’s distinguishes physical goods from the digital and services sectors. Integrated supply chains and the challenges of the Irish border have driven an approach to physical goods which maintains a high degree of

Posted in Digital Single Market (EU), Policy & Regulation, Telecoms & Broadband Photo of Angus CoulterPhoto of Alice Wallace-Wright

Communications and competition: we’ve got the tools for the gigabit society

Since the announcement on 6 June that the Council and European Parliament had reached agreement on the draft Directive establishing the Electronic Communications Code (the “Code”), the communications and competition communities have been on tenterhooks to see what the final version of the text contains. The draft Code has been in the pipeline for almost two years and is part of the Commission’s Digital Single Market Policy. It is designed to set EU-wide common rules and objectives on how the telecoms industry should be regulated.  The Commission’s aim has been

Posted in Data Protection & Privacy Photo of Christine GateauPhoto of Tim WybitulPhoto of Michelle Kisloff

Data Class Actions: the era of mass data litigation

Class actions are commonplace in the United States but relatively rare in Europe. The European Union wants to change that, by facilitating class actions for mass privacy and data breaches. With the development of big data, the scope and impact of potential data breaches or losses have indeed significantly increased. In the EU, the GDPR comes into effect. Due to its extraterritorial applicability, it will affect business globally. Every day, somewhere in the world, the media report that data for large numbers of individuals, often millions of people, have been breached. It

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 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 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 Eduardo Ustaran

Thinking Strategically About Brexit and Data Protection

To date, the main legacy of the Brexit referendum of 2016 appears to be a country split in half: some badly wish the UK would continue to be a member of the EU and some are equally keen on making a move. Yet, there seems to be at least one thing on which Remainers and Leavers will agree: nobody knows exactly what is going to happen. The same is true of the effect of Brexit on UK data protection. However, as Brexit day approaches, it is becoming imperative for those

Posted in Telecoms & Broadband Photo of Sean Spivey

Telecom Convergence: Nirvana or Nightmare?

I’m currently watching a wonderful new show called “The Marvelous Mrs. Maisel,” on Amazon Prime.  It’s a comedy about a recent divorcee in Manhattan in the early 1960s who decides to become a stand-up comedian.  As I’m watching the show my thoughts drift to the magnitude of difference between the fictitious Midge Maisel watching Bob Newhart on her 1960s-era television and my present day Sunday night viewing experience.

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,

Posted in Copyright, Digital Single Market (EU) Photo of Alastair ShawPhoto of Penny Thornton

DSM Watch: JURI once again postpones final vote on new copyright directive

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 JURI would have its final vote on the amended wording on 10 October 2017. However, the draft Copyright Directive has recently been removed from the agenda for that date. For

Posted in Digital Single Market (EU), Policy & Regulation Photo of Alastair ShawPhoto of Penny Thornton

DSM Watch: Compliance deadlines for EU online Portability Regulation pushed back

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. ******* 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