Header graphic for print
Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Tag Archives: European Union

Posted in Data Protection & Privacy Photo of Dr. Wolf-Tassilo Böhm

New Case Law on Restrictions for Employee Monitoring in the Workplace in Germany

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 usage without a concrete suspicion, including the use of keylogging software that records all keyboard entries made at a desktop computer does not comply with German data privacy laws. Courts

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

DSM Watch: On your marks! Deadline for EU online Portability Regulation compliance is 20 March 2018

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 now been published in the Official Journal of the European Union (on 30 June 2017).  That means the key dates for businesses providing portable online content services are now known. 

Posted in Digital Single Market (EU)

Enabling the Digital Single Market in Europe

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 United States; Kelsey Guyselman, Counsel at the U.S. House of Representatives; and Adam Sedgewick, Technology Advisor at the National Institute of Standards and Technology. The panel discussed a range of

Posted in Copyright Photo of Penny ThorntonPhoto of Eva Vonau

Far-reaching decision by the CJEU on copyright: The Pirate Bay can be blocked by ISPs

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) can be ordered to block those websites (judgment of 14 June 2017, C‑610/15 – Stichting Brein v Ziggo and XS4ALL Internet). Background The focus of the legal proceedings is the website

Posted in Policy & Regulation, Telecoms & Broadband

Are your EU products compliant? Transitional period ended on 12 June 2017

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 their radio equipment products on that market, provided they were compliant with either RED or the R&TTE Directive. This transitional period ended on 12 June 2017. Any radio equipment brought to

Posted in Policy & Regulation Photo of Falk SchoeningPhoto of Kay Jebelli

Sharing Economy: European Parliament call for EU level guidance on employment and social security questions

To regulate or not to regulate: This question becomes relevant for the sharing economy after last week’s European Parliament resolution calling for clear EU guidelines on the collaborative economy. The resolution is a response to the European Commission’s Communication on “A European agenda for the collaborative economy” from June 2016 which took a light or even non-regulation approach regarding this particular business model. The European Parliament is concerned that the Commission’s Communication did not provide sufficient clarity or harmonization on how EU law applies to the various types of platform

Posted in Digital Single Market (EU)

Europe’s New Digital Single Market – Threat or Opportunity for the U.S.?

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. He will then be joined by Kelsey Guyselman, Counsel, U.S. House of Representatives and Adam Sedgewick, Technology Advisor at the National Institute of Standards and Technology to talk about the opportunities – and risks

Posted in Drones Photo of Falk Schoening

New EASA Consultation: Are Drone Pilots Heading for a Period of Regulatory Turbulence?

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 Amendment and consider participating in the review process by submitting comments and letting EASA know their views on all aspects of the proposed regulations. Under the current regulations, EASA only regulates large UAS with a maximum take-off

Posted in Copyright, Digital Single Market (EU) Photo of Penny ThorntonPhoto of Eva Vonau

Digital Single Market: Commission takes stock at halftime

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 goods and services across Europe; (2) creating the right conditions and a level playing field for digital networks and innovative services to flourish; (3) maximising the growth potential of the digital

Posted in Copyright, Digital Single Market (EU) Photo of Eva VonauPhoto of Penny Thornton

DSM Watch: Leaked European Parliament comments may modify press rights under Copyright Directive

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 sensitive topic including text and data mining, a neighbouring right for publishers and new obligations for Internet providers. Most recently, the first statements from the European Parliament were leaked. Specifically,

Posted in Data Protection & Privacy Photo of Tim Wybitul

Interview with Jan Albrecht, Dr. Stefan Brink and Tim Wybitul on the New German Data Protection Bill

On 1 February 2017, the German federal cabinet adopted a draft data protection bill. The planned implementation statute aims to supplement and further define the EU General Data Protection Regulation, which will come into force in 2018. The Chronicle of Data Protection’s summary of the most relevant aspects of the draft bill can be found here. We turn now to a preliminary assessment and explanation of proposed bill, provided by German Data Protection and Freedom of Information Officer Dr. Stefan Brink, European Parliament member Jan Albrecht, and Hogan Lovells partner

Posted in Internet, Technology, Telecoms & Broadband Photo of Sean SpiveyPhoto of Sarah K. Leggin

Data Without Borders: Hogan Lovells Winnik Forum Addresses International Considerations for the Growth and Development of a Connected World

The Internet of Things (“IoT”) connects markets and supply chains around the world.  Industry, governments and consumers around the world are embracing IoT technologies to improve research and public policy, to accelerate service delivery and to monitor global development programs across healthcare, agriculture, natural resource management, climate, and energy sectors.  Industry experts project that between 20 to 30 billion IoT devices will connect to the internet by 2020.  Some estimate that IoT could generate up to $11.1 trillion per year in economic value across industries, comprising up to 11 percent

Posted in Data Protection & Privacy Photo of Eduardo Ustaran

EU-U.S. Umbrella Agreement Gets ‘Amber Light’ from Article 29 Working Party

The Article 29 Working Party issued a revealing statement about the so-called EU-U.S. Umbrella Agreement, which is aimed at creating a high-level data protection framework in the context of transatlantic cooperation on criminal law enforcement. As a sign of support for the deal, the Working Party welcomes the initiative to set up a general data protection framework in relation to law enforcement cooperation.  In a fairly positive tone, the Working Party states that the Umbrella Agreement “considerably strengthens the safeguards in existing law enforcement bilateral treaties with the US, some of

Posted in Technology Photo of Falk SchoeningPhoto of Kay Jebelli

European Commission eyes new European rules for Big Data and Competition law

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 data issues throughout the EU. In particular companies dealing with large volumes of data should closely follow these developments. The speech focuses on three main topics: Data as an asset: the

Posted in Data Protection & Privacy

Recording and Deck from Webinar: Privacy Shield: What You Need to Know

Thank you to everyone who tuned into our webinar “Privacy Shield: What You Need to Know.” In this complimentary webinar, Julie Brill, Tim Tobin, and Bret Cohen of Hogan Lovells’ Washington office, and Eduardo Ustaran of our London office explored: What do companies need to do to sign up to the Privacy Shield? How do companies demonstrate compliance with the Privacy Shield principles? What will it take to move from Safe Harbor to Privacy Shield? What are the pros and cons of Privacy Shield as compared to other EU cross-border

Posted in Digital Single Market (EU), Policy & Regulation

Webinar recording: The Brexit Effect on European TMT and the Digital Single Market

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) looked at the consequences of the UK having voted in favour of leaving the European Union from various angles and put the leave decision in the broader context of the digital world. You

Posted in Digital Single Market (EU)

Webinar invitation: The Brexit Effect on European TMT and the Digital Single Market

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 digital agenda across the EU. The DSM strategy aims to eliminate obstacles to intra-EU trade online (including banning unjustified geo-blocking and barrier-free access to e-commerce, online content and services), to balance

Posted in Data Protection & Privacy Photo of Victoria Hordern

mHealth Code to Aid App Developers in the EU

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 been the Privacy Code of Conduct for mHealth apps. The Code was drafted by a working group set up in January this year and the final draft was published on

Posted in Data Protection & Privacy, Policy & Regulation Photo of Eduardo Ustaran

A way forward for UK data protection

The people of the UK have spoken and our collective choice is to leave the European Union. Some are dreading the likely tsunami of economic hardship. Others are excited about what may lie ahead. Most of us are shocked. But as numbing as the verdict of the UK electorate may be, there are crucial political, legal and economic decisions to be made. The ‘To Do’ list of the UK government will be overwhelming, not least because of the dramatic implications that each of the items on the list will have

Posted in Data Protection & Privacy

Future-Proofing Privacy: The Concept of Personal Data Revisited

Pseudonymisation enters the stage Along with the concept of personal data, as opposed to anonymous data, the Regulation introduces a third category, that of pseudonymous data. Pseudonymous data is information that no longer allows the identification of an individual without additional information and is kept separate from it. Pseudonymisation, while granting higher data security, also enhances data utility. In exchange for the lower level of privacy intrusion, and in order to encourage data controllers to resort to pseudoanonymisation, certain requirements are less stringent. As a result, the complexities surrounding the concept of personal data are likely to increase given the three possible categories

Posted in Data Protection & Privacy Photo of Eduardo Ustaran

Why Brexit Will Not Happen (In Data Protection)

The thing about referendums is that the consequences of one outcome or another are likely to be rather disparate. If Brexit turns out to be rejected by the majority of the UK electorate, we will simply carry on as normal – quietly enjoying the benefits of the European Union whilst moaning about the threat that the EU poses to our peculiar way of life. It is a tried and tested state of affairs, all too familiar within the UK and on the Continent. If on the other hand, Brexit wins,

Posted in Data Protection & Privacy Photo of Victoria Hordern

The EU General Data Protection Regulation: A Brave New World for Processors

Significant changes are afoot for processors. With the text of the European Union General Data Protection Regulation (GDPR) now published, processors will need to begin to acclimatise to the new regime under the GDPR. Although the GDPR still places the lion’s share of compliance responsibilities on controllers, it also extends direct application of the law to processors and renders them subject to fines, in an effort to allocate responsibility between the parties. Key changes and probable implications for processors include the following:  

Posted in Data Protection & Privacy Photo of Eduardo UstaranPhoto of Harriet PearsonPhoto of Bret CohenPhoto of Katherine Gasztonyi

First Look: EU–U.S. Privacy Shield

On February 29, 2016, and after more than two years of negotiations with the U.S. Department of Commerce, the European Commission released its draft Decision on the adequacy of the new EU–U.S. Privacy Shield program, accompanied by new information on how the Program will work. The Privacy Shield documentation is significantly more detailed than that associated with its predecessor, the EU-U.S. Safe Harbor, as it describes more specifically the measures that organizations wishing to use the Privacy Shield must implement. Importantly, the Privacy Shield provides for additional transparency and processes

Posted in Data Protection & Privacy Photo of Patrice Navarro

French National Assembly Votes to Align the CNIL’s Sanctioning Powers with the GDPR

While organizations in the EU will have to get used to the possibility of receiving fines of up to 4% of total worldwide annual turnover when the General Data Protection Regulation (GDPR) comes into force in roughly 2 years’ time, organizations in France should prepare for higher sanctions sooner. A bill, passed by the French National Assembly on 26th January 2016, and now before the French Senate, would amend Article 47 of the French Data Protection Act to give the French Data Protection Authority (the CNIL) the power to impose penalties for