News & Analysis as of September 21, 2024

European Union › Electronic Communications

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

EU Gigabit Infrastructure Act Paves Way for More Access to Physical Infrastructures and Potential Further Deregulation of Telecom...

Jones Day on 7/24/2024

The Situation: The European Parliament and Council approved the Gigabit Infrastructure Act ("GIA") on 29 April 2024. The GIA replaces Directive 2014/61/EU. The GIA is a regulation which is directly applicable and binding in...more

What DORA Means for Fund Managers

Goodwin on 1/29/2024

Q: What is DORA? “DORA” stands for the Digital Operational Resilience Act, an EU regulation that creates a new framework for the EU financial sector with regard to information and communications technology (ICT)....more

Guidance from European Data Protection Board Requires Consent for Tracking

Dorsey & Whitney LLP on 12/28/2023

The European Data Protection Board (EDPB), a board comprised primarily of representatives of the data protection supervisory authorities of the European Union’s member states, issued surprising new guidance in mid-November...more

A Cookie Is Not Just a Cookie: EDPB Issues Draft Guidelines on Art 5(3) ePrivacy Directive

Fox Rothschild LLP on 12/4/2023

A cookie is not just a cookie, according to the European Data Protection Board. It’s also similar technologies, and access and Internet of Things (IOT). Here are some key takeaways you need to know from the EDPB’s draft...more

Recent Developments for Directors - October 2023 Edition

Latham & Watkins LLP on 10/18/2023

SEC Adopts Final Rules on Cybersecurity Disclosures - The SEC has adopted rules requiring companies to provide disclosure within four business days of determining that a material cybersecurity incident has occurred, and...more

European Commission Launches Exploratory Consultation on the Future of the Electronic Communications Sector and its Infrastructure

K&L Gates LLP on 3/2/2023

On 23 February 2023, the European Commission (Commission) launched an exploratory consultation on the future of the Electronic Communications sector and its infrastructure. Electronic communications services are provided, in...more

“Name and Shame” powers of the DGCCRF have been reinforced.

Hogan Lovells on 2/27/2023

A Decree published on 30 December 2022 and entered into force on 31 December 2022 has enhanced and broadened the “Name and Shame” powers of the French Directorate General in charge of Competition, Consumer Affairs and Fraud...more

Controversial obligation to store user data to be imposed on electronic communications undertakings

Hogan Lovells on 1/18/2023

In accordance to the current version of the proposed draft Electronic Communications Act (the "ECA") which replaces the existing Telecommunications Law and implements EU regulations with respect to Directive 2018/1972 of 11...more

The Technology, Media and Telecommunications Review, 13th Edition - France

Latham & Watkins LLP on 1/12/2023

This 13th edition of The Technology, Media and Telecommunications Review provides updated overviews of legal and policy constructs and developments in the TMT arena across 18 jurisdictions around the world. As in years past,...more

5 Things You Need to Know About NIS 2

Orrick, Herrington & Sutcliffe LLP on 12/8/2022

On 10 November 2022, the European Parliament approved the Network and Information Security 2 Directive ("NIS 2"), moving a step closer to expanding the scope of the Network and Information Security ("NIS") Directive, the EU's...more

UK Government’s Consultation on Data Protection and Privacy: Information Commissioner’s Office Issues Response

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/23/2021

The Information Commissioner’s Office (ICO) recently released its response to the UK government consultation, ‘Data: A new direction’. The consultation was conducted by the Department for Digital, Culture, Media and Sport...more

Recording Requirements for Mobile Devices, Electronic Communications, and Videoconferencing

Latham & Watkins LLP on 11/5/2021

MiFID II introduced obligations to record telephone conversations and any electronic communications that are intended to lead to a transaction. Records must be kept for at least five years. The COVID-19 pandemic, which...more

European Privacy Guidelines Issued For Virtual Voice Assistants

Fox Rothschild LLP on 7/19/2021

The European Data Protection Board has issued final guidelines on virtual voice assistants. The guidelines appear to be largely unchanged from the draft issued in February for public consultation...more

10 Key Digital Regulation & Compliance Developments

Morrison & Foerster LLP on 4/26/2021

For many years, the regulation of digital markets has been a key priority in Europe. In 2015, the European Commission committed the EU to the creation of a digital single market – and that commitment spawned a series of...more

ePrivacy update: Comparison of the three EU drafts

Hogan Lovells on 3/19/2021

On 10 February 2021, the Council of the European Union (Council) agreed its negotiating mandate for the proposed Regulation on Privacy and Electronic Communications (ePR), which will replace the current ePrivacy Directive...more

Communicating with Employees through their Personal Devices

King & Spalding on 3/5/2021

The COVID-19 pandemic has pushed employees out of the workplace in a way never experienced before. The effect often has been indiscriminate and impacted employees who traditionally do not have access to work email while...more

Data Privacy update: The ePrivacy Regulation

Eversheds Sutherland (US) LLP on 2/19/2021

On the 10 February 2021, ambassadors in the Council of the European Union Permanent Representatives Committee (COREPER) announced it had agreed a negotiating mandate on a draft ePrivacy Regulation (“the ePrivacy Regulation”)....more

Further Tension Between National Security and Protecting Privacy: Latest EU Judgments

Akin Gump Strauss Hauer & Feld LLP on 10/14/2020

United Kingdom, French and Belgian national security laws (and such laws of other EU Member States) fell under the scrutiny of the Court of Justice of the European Union (CJEU), which on October 6, 2020, ruled on whether such...more

COVID-19: ESMA clarifies position on MiFID II call recording

Hogan Lovells on 3/27/2020

The European Securities and Markets Authority (ESMA) has published a public statement to clarify issues regarding the application to firms of the MiFID II requirements on the recording of telephone conversations. ESMA...more

AG Says ePrivacy Applies to Government Access to Communications Data

Hogan Lovells on 1/20/2020

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...more

Dutch competition authority imposes fine on company for deleted chat messages during a dawn raid

Hogan Lovells on 1/8/2020

The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during a dawn raid is of utmost importance and of great relevance to companies under investigation. On 10...more

Recent Developments on Cookies – a Pan-European Overview

Hogan Lovells on 12/18/2019

The legal requirements for the use of cookies have been subject to discussion over the last few years, with little to no enforcement and guidance from European data protection authorities (DPAs). That has changed recently....more

Study of proposal for an ePrivacy Regulation

Hogan Lovells on 11/26/2019

On 10 January 2017, the European Commission issued a proposal for a new ePrivacy Regulation (ePR) triggering a legislative process that is still ongoing. The proposed ePR was intended to replace the existing ePrivacy...more

US Signs First Bilateral Data Sharing Agreement Under the CLOUD Act

WilmerHale on 10/7/2019

The Department of Justice announced yesterday that the United States and the United Kingdom have entered into the first of the international executive agreements authorized under the Clarifying Overseas Use of Data (CLOUD)...more

Continuing GDPR Pressure for Adtech

Akin Gump Strauss Hauer & Feld LLP on 8/6/2019

Data protection authorities (DPAs) in the European Union (EU) continue to scrutinize practices in the adtech sector for compliance with the EU’s General Data Protection Regulation (GDPR) and local data protection and...more

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European Union › Electronic Communications

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