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

Tag Archives: Regulation

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 Policy & Regulation, Technology, Telecoms & Broadband

Election 2020 Snapshot: Helping our technology and telecom clients make sense of the U.S. election results

An overhaul of tech antirust policy? Increased telecommunications regulations coupled with expanding telecoms infrastructure? Business as usual for Committee on Foreign Investment in the United States (CFUIS) investigations? We explore these questions and more in our analysis of the Biden administration’s potential approach to technology and telecommunications policy. Click here to read more

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, Technology Photo of Penny ThorntonPhoto of Oliver Wilson

UK regulator publishes consultation on video-sharing platform regulation

On Friday 16 July 2020, the UK communications regulator, Ofcom, published a consultation on video-sharing platform regulation, calling for views by 24 September 2020. The UK government intends to introduce a new statutory framework this Autumn to implement the revised Audio-Visual Media Services Directive, including new obligations on UK-established video-sharing platforms (which the consultation says might include platforms such as TikTok and Twitch). This is an interim regime for the regulation of UK video-sharing platforms until the new online harms framework comes into force. Ofcom is seeking views now from

Posted in Artificial Intelligence, Policy & Regulation

Outlook on a common liability framework for high-risk AI systems in the EU

In May 2020, the European Parliament’s Committee on Legal Affairs took the initiative and published a draft report with recommendations to the Commission on a civil liability regime for artificial intelligence (AI) (the Draft Report). The Draft Report provides an outlook on some of the legal concepts that will be subject to discussion in a future legislative process. Directive 85/374/EEC (PL Directive) and the Draft Report are considered by the Committee as two pillars of a common liability framework for AI systems and it acknowledges that such a project requires

Posted in International Trade and Investment Photo of Brian Curran

Two Key CFIUS Developments: CFIUS Publishes 2018 Annual Report and Proposed Regulations Revising Critical Technologies Mandatory Filing Program

CFIUS Publishes 2018 Annual Report The Committee on Foreign Investment in the United States (CFIUS), a U.S. government interagency committee that conducts national security reviews of foreign investments, recently released its 2018 annual report. The report takes into account cases reviewed by CFIUS both before and after the August 2018 enactment of the Foreign Investment Risk Review Modernization Act (FIRRMA), which expanded CFIUS’ jurisdiction and enabled CFIUS to implement a pilot program that mandated filings for certain transactions involving critical technologies. The annual report confirms that, in 2018, China topped

Posted in Data Protection & Privacy, Internet, Policy & Regulation Photo of Ewa KacperekPhoto of Weronika Wolosiuk

A summary of polish legislation and of the guidelines of authorities concerning covid-19 in the context of data protection

To meet your questions and concerns related to maintaining the principles of personal data protection in the face of the global COVID-19 pandemic, we have prepared a short guide to the key legal regulations and guidelines of authorities that you should keep in mind not only when conducting business and professional activity but also in everyday life. 1.         COVID-19 Act Decisions, orders, recommendations and guidelines addressed to legal entities and entrepreneurs The Act of 2 March 2020 on special solutions related to the prevention, counteracting and combating of COVID-19, other

Posted in Internet, Policy & Regulation Photo of Peter WattsPhoto of Penny Thornton

Online Harms White Paper: UK Government publishes its consultation response

The UK Government Department for Culture, Media and Sports (DCMS) has today published its initial response to the public consultation on the Online Harms White Paper, published in April 2019.  In its response, DCMS gives an indication of how it plans to adapt the proposed regulatory framework to take account of some of the concerns raised by industry stakeholders, including the fact that is it minded to make Ofcom the new regulator and that Ofcom will be providing guidance on the companies in scope. The Online Harms White Paper, published

Posted in Cybersecurity, Internet, Policy & Regulation, Technology

UK Government set to move forwards with regulation on consumer IoT device security

UK Government set to move forwards with regulation on consumer IoT device security The UK Government has just announced that it intends to draw up legislation aimed at ensuring that all consumer smart devices sold in the UK adhere to rigorous security requirements for the Internet of Things (“IoT“). Over the last couple of years, the Government has been considering the need to develop a robust regulatory framework governing the cybersecurity of consumer IoT devices, to ensure that these devices are sufficiently secure from cyber-threats. What will the new legislation

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 Advertising, Technology Photo of Anthonia Ghalamkarizadeh

esports – gearing up to play in the pro leagues!

esports are so much more than an innovative, rapidly growing competitive sports discipline: from a brand owner and investor perspective, esports also provide truly global multi-channel opportunities for unique marketing and advertising initiatives with the potential to appeal to today’s over-sated young audiences. And with the rapid growth of the industry comes its increasingly sophisticated regulation, providing a degree of stability and legal certainty that is crucial for attracting investment. In short, esports come equipped with everything to make the industry a vibrant hot-spot for exciting new business initiatives. At

Posted in Artificial Intelligence, Blockchain, Copyright, Cybersecurity, Data Protection & Privacy, Intellectual Property, Internet, Policy & Regulation, Technology

A Turning Point for Tech – Global survey on digital regulation

Whilst political uncertainty may have businesses’ attention fixed, the Hogan Lovells Global Survey on Digital Regulation: ‘A Turning Point for Tech’ suggests that tech companies should be looking elsewhere. During yesterday’s launch at Hogan Lovells’ London Office, editor of the survey, Falk Schoening uncovered the 452 digital regulations that had been proposed across 16 jurisdictions in just six months of monitoring. The report aims to provide insight for what is on the horizon for tech companies, giving them a ‘heads up’ on how they should look at their business models

Posted in Technology, Telecoms & Broadband Photo of Tony LinPhoto of George John

Smallsat 2019 Highlights 2020 Could Shake out the Smallsat Industry on Multiple Fronts

On August 3-8, the small satellite (“smallsat”) community flocked to Logan, Utah for Smallsat 2019. The conference drew nearly 3500 participants representing more than one thousand organizations and forty-five countries. The attendees included smallsat operators, ground-station-as-a-service providers, launchers and launch integrators, component manufacturers, students, enthusiasts, and even some attorneys. In addition to the noticeable increase in attendance, a few other themes, highlighted below, jumped out. Orbital debris mitigation continues to dominate conversation The keynote by OneWeb’s Greg Wyler set the initial tone: companies should be focusing on satellite reliability and not

Posted in Intellectual Property Photo of Keith O'Doherty

Innovation Lounge held in D.C. on 17 July

On 17 July 2019 we hosted our most recent Innovation Lounge at our Washington, D.C. office. The Innovation Lounge is an associate networking event series which focuses not only on IP-issues, but on healthcare, regulatory issues, and privacy issues. Summer associates, in-house counsel, IP associates, and members of advocacy groups listened to a panel of C-level executives and directors from Appian, Genesys, Results Redefined, and Frontpoint address concerns over data privacy, the balance of innovation and regulation, the changing face of healthcare, and how in the not-so distant future, anyone could

Posted in Policy & Regulation Photo of Mark BrennanPhoto of Arpan Sura

U.S. Supreme Court Sidesteps Important TCPA Deference Issues

The Court was expected to provide greater clarity about the extent to which litigants can challenge the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) interpretations in private litigation. Instead of deciding that issue, however, the Court vacated the Fourth Circuit’s ruling and remanded the case for further development.

Posted in Internet, Policy & Regulation Photo of Winston Maxwell

Internet of Things – A Fast Forward to the Future

On Monday, April 29th 2019, policy makers and industry representatives from different IoT ‘verticals’ (agriculture, automotive, health, energy, aerospace) gathered in Brussels at the initiative of Vodafone to launch a conversation about the future policies applicable to the Internet of Things (IoT) in Europe. Global Players Require Global Regulation      The debate emphasized how global any approach to IoT regulation should be. All participants agreed that Europe should and must be competitive on the IoT market globally. One aspect of such competitiveness may reside in the interoperability of IoT within Europe,

Posted in Spectrum, Telecoms & Broadband Photo of Ari Fitzgerald

Update on FCC 5.9 GHz band rule-making

On May 14, 2019, Federal Communications Commission (FCC) Chairman Ajit Pai announced plans to open a rule-making to take a “fresh look” at the 5850-5925 megahertz (MHz) (5.9 gigahertz (GHz)) spectrum band. Initial reports suggested that the FCC would take the issue up in June, but the 5.9 GHz rule-making was not included on the tentative agenda for the commission’s June open meeting. Chairman Pai delayed the rule-making at the request of U.S. Transportation Secretary Elaine Chao. The FCC has not provided a timeline for the rule-making, but we expect

Posted in Policy & Regulation, Technology Photo of Michele FarquharPhoto of Ashley HowlettPhoto of John CastlePhoto of Eugene Kim

2019 Winnik International TMT Forum: Media and Technology Convergence Panel

The 2019 Winnik International TMT Forum hosted by Hogan Lovells featured a panel discussion on technology and media convergence. Logan Breed, antitrust partner at Hogan Lovells, moderated the discussion as six thought leaders in media, technology, and competition law grappled with business and legal issues related to industry convergence. Panelists included Jeffrey Eisenach from NERA Economic Consulting, Richard Greenfield from BTIG, Gabrielle Kohlmeier from Verizon, Joshua Wexler from Pure Imagination Studios, and Hogan Lovells partners Falk Schoening (Brussels) and Sheri Jeffrey (Los Angeles). Recent Industry Trends and Developments Technology, media,

Posted in Advertising, Data Protection & Privacy, Digital Single Market (EU) Photo of Christelle Coslin

Hosting providers of websites are not as such data controllers and only incur limited liability, French Court of Appeal says

In a decision dated March 1st, 2019, the Paris Court of Appeal reminded that specific conditions must be met for hosting providers to be held liable in case of unlawful content. The French court also ruled that hosting providers are not data controllers per se and, as such, are not subject to obligations under the Data Protection Act. In this case, the claimant is a lawyer who alleges that a company – whose main activity is the hosting of websites and the management of advertising space – posted on two

Posted in Intellectual Property, Policy & Regulation, Technology Photo of Eugene LowPhoto of Andrew McGintyPhoto of Stefaan MeuwissenPhoto of Andrew CobdenPhoto of Yu-an Chang

China breaks new ground with Foreign Investment Law-related IP reform

In a recent move involving both the Chinese legislature (the National People’s Congress) and the executive branch (the State Council), China has overhauled two of its most important pieces of legislation governing inbound IP-related investments. The first major change was the adoption of the new Foreign Investment Law (“FIL”) on 15 March 2019 (full text in Chinese here, English version available upon request). The new FIL will enter into force on 1 January 2020, and the existing legislation that has formed the backbone of Foreign Direct Investment regulation since the

Posted in Data Protection & Privacy, Intellectual Property, Policy & Regulation, Technology

Consumer Horizons 2019 – IP in the mix

The Consumer industry is evolving at lightning speed, and the way consumer companies operate is shifting. From issues in supply chain to the digitalization of the consumer experience, companies are rapidly changing to keep up with consumer demands. Last year businesses in the consumer industry saw a wave of unprecedented disruption and transformation, and 2019 promises challenges of similar or greater magnitude. In this year’s edition of Consumer Horizons, the Hogan Lovells global Consumer team identifies trends that will impact food and beverages companies, fashion and luxury goods producers, retailers,

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 Cybersecurity, Data Protection & Privacy, Policy & Regulation, Privacy and Security Litigation, Technology

A global approach to IoT cybersecurity?

The European Telecommunications Standards Institute (ETSI) has published a new standard for cybersecurity in relation to consumer IoT products. The standard builds on the UK’s Code of Practice for Consumer IoT Security, published in October last year. The Code of Practice was developed by the UK Government following publication of a draft code as part of the Secure by Design report published by the Government in March 2018 and after consultation with industry, consumer associations, and academics. The UK Code is voluntary but the UK Government was keen to work