The European Commission’s claim that this weeks proposed new telecoms regulation constitutes “the most ambitious plan in 26 years of telecoms market reform” is preposterous. That honour must belong to the set of new directives in 2002 which transformed the structure of telecoms regulation and facilitated competition throughout Europe.

Instead
Continue Reading The most ambitious plan in 26 years of telecoms market reform? No way!

By Patrick Van Eecke and Antoon Dierick

The European Parliament today published its Report on online gambling in the internal market calling for a balanced and EU compliant approach when regulating the market.

The European Parliament Resolution contains more than 50 policy statements directed towards the market, the European Commission and the Member States.

The Resolution elaborates on 5 different topics: consumer protection, compliance with EU law, administrative cooperation, money laundering and integrity of sports.


Continue Reading European Parliament Report on Online Gambling

Written by Scott W. Pink and Carissa L. Bouwer

California has long been a leader in legislative efforts to protect online privacy rights of consumers.  California passed the nation’s first security breach disclosure law, the first law requiring online privacy policies, and more recently, the first set of privacy guidelines
Continue Reading PENDING CALIFORNIA BILLS SEEK TO EXPAND PRIVACY PROTECTIONS

On March 6, through rain, sleet and the blizzard that never appeared (but that closed several area airports), 40 privacy professionals from around the world attended DLA Piper’s Global Privacy Seminar in our Washington, DC office.

The event began with a keynote delivered by FTC Commissioner Julie Brill explaining the
Continue Reading DLA PIPER HOSTS GLOBAL PRIVACY SEMINAR AND RECEPTION

Negotiations related to gross negligence and willful misconduct seem to be trending this past fall.  So, I thought I’d take this opportunity to revisit what these phrases actually mean in the context of commercial contracting.   In many agreements, gross negligence and willful misconduct are “carve-outs” in the limitation on liability
Continue Reading Contracts Deconstructed: Gross Negligence and Willful Misconduct

Our thoughts and prayers go out to those impacted by Hurricane Sandy and the Nor’easter.  While Mother Nature has been relentless against the east coast of the United States over the past several weeks, us IT attorneys cannot help but think about the significance of those force majeure clauses and
Continue Reading Force Majeure: The Weather Doesn’t Care about Your IT Strategy

If we cast our collective minds back to the days “pre-Crunch”, a marked feature of many sourcing strategies adopted by larger entities was a move to embrace multi sourcing (i.e whereby a service or set of services which could conceivably have been awarded to a single supplier was instead broken
Continue Reading SWING OF THE PENDULUM – SOLE TO MULTI AND BACK AGAIN by Kit Burden

August 20, 2012

By Jim Halpert and Kate Lucente

A magistrate judge in the Northern District of California has refused to grant a motion to dismiss a Video Privacy Protection Act (VPPA) putative class action claim brought against video streaming service Hulu.

The August 10 decision in In re Hulu
Continue Reading HULU IS A “VIDEO TAPE SERVICE PROVIDER” UNDER VPPA, COURT RULES

The European Union’s E-Privacy Directive has been in effect since May, and many jurisdictions across the EU are already tackling its implementation. Belgium, Cyprus, France, Greece, Italy, Malta, The Netherlands and Spain have all taken action regarding the Directive. Moreover, the Article 29 Working Party recently adopted an opinion addressing
Continue Reading How the EU Has Implemented the New Privacy Directive on Cookies

In the competitive world of personal finance banks are continuously looking for new ideas to gain a small commercial advantage over the competition.  Consequently, we have seen the introduction of internet banking and more recently the conduct of transactional banking on mobile phones.  Into this crowded arena the Commonwealth Bank
Continue Reading Banking on Facebook — The View from Australia