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

Tag Archives: UK

Posted in Policy & Regulation

Webinar: A bipartisan view of the 2020 election and its impact on U.S. / UK relations

Joe Biden has been elected as the 46th President of the United States. A new presidency – coupled with a new relationship between the UK and the EU – presents the potential for a material change in U.S. domestic policy and relations with the UK. How will these changes affect you and your business? Join Hogan Lovells for a webinar on Wednesday 18 November 2020, as we share bipartisan views of the 2020 election results and what their influence could mean. You will be able to submit questions during 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 Policy & Regulation

Webinar: How to effectively do business with UK government

Doing business with governments – winning opportunities, negotiating successfully, and delivering profitability – is an art and a science. At a time of unprecedented government intervention, it has never been more important to ensure effective engagement, whether to win new contracts or secure investments, grants, or loans. You know how to succeed in the United States. In this webinar, we want to equip you to navigate the UK government environment by: Highlighting similarities and differences between the UK and U.S. regulatory, procurement, and political systems. Giving you insights into how the UK government

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 Cybersecurity

All-Day Workshop: Privacy and Cybersecurity KnowledgeShare (Agenda & Speakers Announced)

Join us on Thursday 19 September for the Hogan Lovells Privacy and Cybersecurity KnowledgeShare in London. We will share our latest thinking on the key privacy and cybersecurity issues faced by those with data protection responsibilities within organisations. Our all-day event will cover a lot of ground through incisive quick-fire presentations, Q&A panels and hands-on workshops. We are particularly excited to announce that we will be joined by guest speakers: James Dipple-Johnston; Deputy Commissioner (Operations) at the UK Information Commissioner’s Office Jannine Aston; Director, Privacy Policy & Compliance, INTL at

Posted in Policy & Regulation Photo of Katie McMullan

Cookie consent – What “good” compliance looks like according to the ICO

On 3 July 2019, the UK data protection authority (the ICO) updated its guidance on the rules that apply to the use of cookies and other similar technologies.  The ICO has also changed the cookie control mechanism on its own website to mirror the changes in the new guidance. Since the EU legislators shocked the internet world a decade ago by changing the legal requirement for the use of cookies and similar technologies from “notice and opt-out” to “notice and consent”, many businesses have struggled to find a way to

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 Photo of David Taylor

.UK right of registration – have you secured your .UK domain?

Nominet, the Registry responsible for operating the .UK country code Top Level Domain (ccTLD) for the United Kingdom, launched the registration of domain names directly under the .UK top level domain name extension back in June 2014.  Eligible registrants were given five years to secure their .UK domain names.  They only have a couple of months left as the reservation period is soon coming to an end. Before June 2014, domain name registrations were only possible at the third level, under extensions such as .CO.UK, .ORG.UK, .NET.UK, .ME.UK, .LTD.UK or

Posted in Intellectual Property, Internet, Policy & Regulation, Technology Photo of Jane Seager

EUIPO issues a Comparative Case Study on Alternative Resolution Systems for Domain Name Disputes

The European Union Intellectual Property Office (EUIPO) recently published a Comparative Case Study on Alternative Resolution Systems for Domain Name Disputes which highlights the main similarities and differences between various Dispute Resolution Procedures (DRPs), analysing in particular the different procedures, fees, timelines and case statistics.  The study also compared the likely outcomes of a few selected DRPs in relation to various pre-defined case scenarios.  The objective of the study was to compare and contrast the key characteristics of each DRP and bring greater clarity for all interested parties. The study

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 Technology Photo of Penny ThorntonPhoto of Imogen Ireland

Are the UK’s intellectual property laws ready for AI?

“AI doesn’t just belong to a few tech giants in Silicon Valley”: these were the words of Google Cloud’s chief scientist for AI, Fei-Fei Li, speaking in March 2018 at a panel discussion on the impact of AI. Whilst companies such as IBM, Microsoft and Google have been at the forefront of AI for a number of years, many organizations across many different industries, are now looking to jump on the bandwagon, as AI continues to permeate the public consciousness. In response to the gathering momentum behind AI, thought-leaders in

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 Advertising, Internet, Policy & Regulation, Technology Photo of Peter WattsPhoto of Oliver Wilson

House of Lords issues report on digital advertising market

Yesterday the House of Lords published a report into the UK’s digital advertising market.  It includes: a call for a CMA study into whether the market is working fairly for businesses and consumers; proposals for enhancing workforce skills and attracting international talent; and, for those who have been involved the debate about digital ads, it covers some familiar themes: Measuring ad effectiveness.  While acknowledging the undoubted benefits of digital advertising, the report cites calls from advertisers to improve the standards for what counts as an ad view for the purposes

Posted in Copyright Photo of Penny ThorntonPhoto of Alastair Shaw

Commission’s notice on Brexit and copyright: Is it as bad as it sounds?

On 28 March 2018 the Commission published a Notice to Stakeholders on the Withdrawal of the UK and EU rules in the field of Copyright. The Notice reminds stakeholders that, unless the UK comes to an agreement with the EU, there will be legal repercussions to Brexit. The Commission Notice says that all EU “primary and secondary law will cease to apply to the United Kingdom from 30 March 2019”. It goes on to point out that, although the UK is a party to many of the main international copyright

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 Defamation

UK Defamation: when words seriously harm

Evidencing in court that a defamatory statement has caused harm to your reputation can be notoriously difficult. The courts in the UK have therefore traditionally proceeded on the basis that, where a statement is proven to be defamatory, harm is presumed, unless the defendant can prove otherwise. This approach was brought into doubt by the Defamation Act 2013 (the “Act”), which requires that the harm caused by defamation must be “serious” before it is actionable.  Does this mean the claimant must now prove that serious harm has been caused in

Posted in Data Protection & Privacy

State of the Cyber Nation: UK Government Report on Cybersecurity Breaches

On 19 April 2017, the UK Government’s Department for Culture, Media and Sport (DCMS) published a report on cybersecurity breaches and how they affected UK companies in the last year. Headline statistics from the report include: 61% of businesses hold personal data electronically; 46% of all UK businesses identified at least one cybersecurity breach in the past year, rising to 51% of those that hold personal data on customers, 66% amongst medium-sized firms and 68% amongst large firms; The most common breaches involved members of staff receiving fraudulent emails. This demonstrates

Posted in Data Protection & Privacy Photo of Mac Macmillan

UK ICO Requests Input for Guidance on GDPR Profiling Requirements

The UK ICO has published what it describes as a feedback request on profiling and automated decision-making, with the intention that responses will “help inform the UK’s contribution to the WP29 guidelines due to be published later this year.” Given the growing importance of profiling to most businesses,  companies should consider whether they wish to contribute their views, particularly on areas where they consider more guidance is needed on what GDPR’s requirements mean in practical terms. For example, the GDPR focuses on profiling that has a “legal” or “significant” effect,

Posted in Data Protection & Privacy Photo of Mac Macmillan

UK ICO Publishes Guidance on Consent Under GDPR

The UK Information Commissioner’s Office has just published draft guidance on consent under GDPR. This is an interesting move given that the Article 29 Working Party has promised guidance on the same topic later this year, but reading the guidance makes it clear why the ICO decided to prioritise it: many of the practices which it identifies as unacceptable are fairly common in the UK, meaning many companies are going to have to re-think their approach to legitimising their data processing. A few examples: The new guidance states: “name your

Posted in Data Protection & Privacy Photo of Victoria Hordern

Health Company Fined by UK’s Information Commissioner Office

Last week, the UK’s Information Commissioner’s Office (ICO) published a monetary penalty notice which fined a private healthcare company, HCA International, £200,000 for its failure to keep sensitive data secure. In this instance, several data protection compliance issues were at stake – HCA had engaged a subcontractor based in India to process sensitive personal data without putting an agreement in place that met the requirements of the Data Protection Act 1998 (DPA) and without taking steps to ensure an adequate level of protection for data transferred outside the EU. One

Posted in Data Protection & Privacy Photo of Eduardo Ustaran

ICO Turns Spotlight on Data Broker Industry

Data brokers are organisations that obtain data from a variety of sources and then sell or license it to third parties. Many trade in personal data, which is purchased by their customers for several purposes, most commonly to support marketing campaigns. In 2012, data brokers’ trade in personal data was reported to have generated over $150 billion in revenue. The UK data protection regulator (the “ICO”) has for some time been actively enforcing against organisations who buy individuals’ personal data for direct marketing purposes without first conducting appropriate due diligence

Posted in Data Protection & Privacy Photo of Eduardo Ustaran

Privacy in 2017 – From Challenges to Opportunities

After all of the 2016 drama, the start of a brand new year is a welcome development in itself – a clean sheet for a script yet to be written.  However, 2017 will not be without challenges and the same applies to the world of privacy and data protection.  Many of the big issues that arose during 2016 will need to be addressed in 2017.  In addition, new questions will no doubt emerge.  Here is an overview of the privacy challenges that lie ahead and what can be done about

Posted in Data Protection & Privacy Photo of Eduardo UstaranPhoto of Victoria Hordern

The CJEU Gives the UK Government Another Brexit Dilemma

In yet another key case dealing with the balance between citizens’ privacy and the ability of the state to intrude into it, the Court of Justice of the European Union (CJEU) has ruled on the compatibility with European Union law of legislation that authorises the retention of communications data, which includes personal data. The reference from the UK Court of Appeal resulted from a challenge to the Data Retention and Investigatory Powers Act 2014 (DRIPA) brought by individuals that include Tom Watson, deputy leader of the Labour Party and represented

Posted in Policy & Regulation, Telecoms & Broadband Photo of Jamie PollockPhoto of Alice Wallace-Wright

A conscious uncoupling: Ofcom’s proposals for Openreach

Ofcom’s announcement of plans to make Openreach a “legally separate” company within BT have been met with muted cheers from some in the telecoms world, while others caution that the proposals do not go far enough to ensure the UK gets the investment it needs. In February of this year, the regulator set out a ten-year vision for ensuring the quality and availability of communications services in the UK. Ofcom’s initial conclusions pointed towards concerns about Openreach, the division of BT that maintains the UK’s largest phone and broadband network