Electronic Communications

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Five on Friday – Five Recent Developments that We’ve Been Watching Closely - February 2017

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a federal court decision holding that U.S.-based companies may be...more

Indianapolis Colts Set Their Eyes for Home-Field Advantage in Second Class Action Complaint

As a follow-up to our previous article, the Indianapolis Colts are moving to move venues in a federal class action lawsuit to Indiana. The plaintiff alleges that the beacon technology integrated in the Colts mobile...more

EU Advocate General in favour of finding copyright infringement by indexing site The Pirate Bay

The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that...more

Email Privacy Act Introduced With Bi-Partisan Support in the House

On January 9, 2017, lawmakers in the House re-introduced legislation, the Email Privacy Act, which, if enacted, would require the government to obtain a court-issued warrant to access electronic communications, including...more

EU Data Protection Law Subjects U.S.-Based Companies to Potentially Substantial Penalties

On May 25, 2018 the European Union’s General Data Protection Regulation and Regulation on Privacy and Electronic Communications (the “ePR”) will go into full force and effect. That gives companies that do business in the EU,...more

Indianapolis Colts Want Class Action on Recording Conversations Moved to Home Stadium

The Indianapolis Colts mobile app is alleged by a putative class to record fans’ private conversations. In the putative class action, the named plaintiff alleges that the mobile app secretly activates the smart phone’s...more

Revised Draft 2018 Medicare Marketing Guidelines Open For Comment

Last week, CMS published the Revised Draft 2018 Medicare Marketing Guidelines and requested feedback from all interested parties. The draft includes many small changes to the Marketing Guidelines, including but not...more

Draft Privacy and Electronic Communications Regulation published by European Commission

The European Commission has released proposals for new legislation that seeks to create stronger privacy in electronic communications. The draft Privacy and Electronic Communications Regulation (the “Regulation”) is intended...more

IP, IT and mass communications. Major Russian legislation changes for 2016

We would like to present the overview of the most important legislation changes in IP, IT and mass communications for 2016....more

Investigatory Powers Act 2016: How to Prepare For A Digital Age

The Investigatory Powers Act 2016 (the “Act”) received Royal Assent on 29 November 2016. It comes into force in part in January 2017. Its main provisions include granting powers to ministers to issue warrants for intrusive...more

AIM disclosure and social media

AIM Regulation has published guidance on the interaction between social media and other forms of electronic communication (e.g. Twitter, the AIM company's website, a non-regulatory news feed) and an AIM company's disclosure...more

EU Proposes Overhaul to Privacy and Electronic Communications

January 10, 2017 marked another important step towards reform of the EU data protection framework, with the release of the EU Commission’s proposals for a new Regulation governing privacy and electronic...more

Cookies, Directories, Advertising and Personal Data: New EU Rules on Privacy in Electronic Communications

The Digital Single Market Strategy ("DSM Strategy") had, as an objective, to increase trust in and the security of digital services. In that context, the EC proposed a reform of the data protection framework across the EU,...more

Unfair Commercial Practices – The Italian Competition Authority and The Italian Communication Authority Sign a Memorandum of...

On 13 January 2017, the Italian Competition Authority (AGCM) and the Italian Communication Authority (AGCOM) signed a memorandum of understanding concerning several aspects of their cooperation in the application of...more

EU Commission Publishes Its Proposals for New e-Privacy Regulation

On 10 January, the EU Commission proposed a new Regulation on Privacy and Electronic Communications (“proposed Regulation”) to replace Directive 2002/58 (known as the “ePrivacy Directive”). The proposed Regulation...more

EU e-Privacy Regulation Raises Stakes for Compliance

The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more

Canada’s Anti-Spam Law: Is Your Business Ready for July 1st, 2017?

On July 1st, 2017, organizations communicating electronically under Canada's Anti-Spam Law ("CASL" or the "Act") will lose the benefit of the transitional provisions, and will become subject to the coming into force of a...more

EU Proposed ePrivacy Rules to Extend to all Electronic Communications Providers

On January 10, the European Commission proposed new legislation that would update and supplement current ePrivacy rules and extend their scope to all providers of electronic communication services. The following is a...more

New Notice and Consent Rules under Proposed EU e-Privacy Regulation

The European Commission has released its proposal for a new EU e-Privacy Regulation that will replace the existing e-Privacy Directive. The high level aim of the draft e-Privacy Regulation is to harmonise the specific...more

EU court strikes down security legislation over privacy concerns

A recent decision of the Court of Justice of the European Union (“ECJ”) imposes restrictions on the use by member states’ law enforcement and national security agencies of telecommunication traffic and location records as...more

2017 Practical Advice Series, Part II: The Tongue is an Evil Serpent and Email and Tweets are Even Worse

I’ve commenced this series because employers and employees seem to make many of the same mistakes over and over again, and technology has created new ways for one to screw up. On some level, most of us are aware that we...more

Investigatory Powers Act 2016 cast into doubt by new EU ruling

The Court of Justice of the European Union (the "CJEU") has ruled that EU Member States cannot pass laws that require communications service providers to carry out general and indiscriminate retention of communications data...more

CJEU holds that mass surveillance must not be general and indiscriminate

The CJEU (the European Union Court of Justice) has handed down a decision which makes clear that general and indiscriminate retention of electronic communications is unlawful. National legislation of each European Member...more

E-Mail Communications: The Devil is on the Server

It is hard to imagine how prosecutors were able to bring cases before there was email communications. When I was a prosecutor, we looked for evidence in a lot of other sources, internal memos, calendars and other places where...more

Claim For Violation of Wiretap Act Not A Slam Dunk under Spokeo

A motion to dismiss has been filed in a California case filed by a New York woman who claims that the National Basketball Association’s Golden State Warriors violated the Electronic Communications Privacy Act (the “Wiretap...more

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