Internet Service Providers (ISPs) European Union

News & Analysis as of

Dentons' pick of global regulatory trends to watch in 2017 - Privacy and data protection

Focus on the US - The new Federal Communications Commission (FCC) privacy rules for internet service providers (ISP) and telecommunications companies (telcos) will face an uphill battle - In a controversial ruling...more

EU Commission agrees new rules allowing Europeans to watch online content services across EU borders

On 7 February, negotiators for the European Parliament, Member States and the Commission agreed the proposal for a regulation on EU cross-border portability of online content services. This is the first agreement relating to...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

Six Months In, Privacy Shield Is Battered But Holding: Three Notable Developments in U.S-E.U. Data Transfers

The United States has traditionally taken a libertarian approach to data privacy: “what is not forbidden is permitted.” Outside sensitive sectors such as health (HIPAA) and finance (GLBA), the United States was historically...more

Leaked Draft ePrivacy Regulation: What to Expect from the New Rules

An internal Commission draft of a new ePrivacy Regulation (Draft) has been leaked to the public. The Commission plans to propose it in early 2017, but the content of the Draft does not seem near a final proposal. It is either...more

European “Intermediaries” May Be Forced To Take Active Measures Against Trademark Infringement Committed By Third Parties

Recent cases in the Court of Justice of the European Union (“CJEU”) and the Court of Appeal of England and Wales (“the English Court of Appeal”) have addressed the question of whether those who provide facilities to persons...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – November 2016

Updates on the EU: German DPA Publishes First Privacy Shield Guidelines, Requires German-Law Contracts for Transfers. On June 7, 2016, the European Commission adopted the EU-U.S. Privacy Shield. One question that many...more

The French Competition Authority imposes record fine for gun jumping practices

On 8 November 2016, the French Competition Authority (FCA) published a press release announcing that it imposed a fine of EUR 80 million on the Altice Group (Altice Luxembourg and SFR Group) for implementing two transactions...more

New Rules for OTT Services—The EU Commission’s Draft Electronic Communications Code

In December 2015, we reported about a German court that classified Google’s Gmail as a regulated telecommunications service. This court decision added to the discussion of whether and to what extent communications services...more

Court confirms that IP addresses are personal data in some cases

The Court of Justice of the European Union has held that IP addresses are "personal data" in certain circumstances. This decision is significant because it means that the collection and further processing of IP addresses may...more

CJEU says dynamic IP addresses can constitute personal data

The Court of Justice of the European Union (“CJEU”) has ruled that dynamic IP addresses can constitute personal data. Dynamic IP addresses, registered by a website provider when an individual accesses its website, shall...more

Dynamic IP Addresses May Qualify as Personal Data

In a key decision, the European Court of Justice has ruled that dynamic IP addresses may qualify as personal data in certain circumstances—ending years of uncertainty about whether such fundamental building blocks of the...more

EU Top Court Rules IP Addresses Maybe Protected Personal Data

In a decision that could have significant impact for online companies that have European operations, the European Union’s (EU) top court ruled that Internet Protocol addresses (IP addresses) could, under certain...more

Dynamic IP Address May Now be Protected Personal Data Under EU Law

On October 19, 2016, the Court of Justice of the European Union (CJEU) issued a judgment determining that dynamic Internet protocol (IP) addresses may constitute “personal data” subject to protection under the EU’s Data...more

ECJ Declares IP Addresses are Personal Data

Today, the European Court of Justice (ECJ) issued its long-awaited decision in Breyer v. Germany. Breyer addresses the question of whether IP addresses are “personal data” for purposes of EU data protection law. As is...more

Digital Single Market: An Overhaul for Telecoms Regulation

State of the European Union address on September 14 reveals European Commission’s next proposed steps in its Digital Single Market initiative. Jean-Claude Juncker announced the results of the European Commission’s (the...more

Advanced Copyright Issues on the Internet

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more

EU Retail News – September 2016

UK retailers, like all businesses, are facing several years of uncertainty following the Brexit vote. This uncertainty will not be alleviated until the terms of the UK’s withdrawal from the European Union are defined and...more

Re-writing the copyright rulebook: analysing the European Commission’s copyright reform proposals

More than a year after the Commission announced its Digital Single Market (DSM) Strategy, the Commission continues to press ahead in delivering concrete proposals. The latest – and arguably most significant yet – are its...more

UK Digital Economy Bill

The UK government has published its Digital Economy Bill, intended to lead to a new Digital Economy Act. Although this is not the first time that the UK has produced legislation on the Digital Economy, the timing of the...more

Alert: e-Privacy review and over-the-internet services

What's the situation? The European Commission appears poised to impose new privacy obligations on "over-the-top" (OTT) messaging and call providers. Earlier this year the European Commission opened a public consultation...more

First EU-wide cybersecurity regime set to enter force in August 2016 after final approval by European Parliament

The European Parliament gave final approval to the Network and Information Security Directive (“Directive”), the first-ever EU-wide cybersecurity standards, on July 6, 2016. The Directive seeks to improve the cybersecurity...more

Are Dynamic IP Addresses Personal Data? A Primer

Last month, one of the Advocate Generals (“AG”) of the Court of Justice of the European Union (“CJEU”), Manuel Campos Sánchez-Bordona, issued an opinion suggesting that dynamic IP addresses should be recognized as “personal...more

Digital Single Market update – revised cross-border portability of online content services proposal leaked

In December 2015 we published a briefing on the European Commission's proposal and draft Regulation on ensuring the cross-border portability of online content services in the EU. By way of reminder, the Regulation seeks to...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – May 2016

Special Focus on “Safe Harbor 2.0,” Privacy Shield and E.U. Data Transfers: Alston & Bird’s privacy team has been closely following the development of Privacy Shield, the proposed successor to the E.U.-U.S. Safe Harbor...more

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