Technology Licenses & Transactions

By Florence Guthfreund-Roland & Mathilde Hallé

On September, 11th 2015, the European Commission launched a new public consultation on the evaluation of the legal and regulatory framework for the electronic communications sector.

This consultation follows the Commission’s communication on the “Digital Single Market Strategy for Europe” dated May, 6th 2015,
Continue Reading EUROPE: New Public Consultation on the Evaluation of the Legal and Regulatory Framework for Electronic Communications Networks and Services

Written by Joanna Sykes-Saavedra and Greg Manter

In complex sourcing transactions, all sides are quick on the draw with calculators at the ready when it comes to determining formulas for charges or caps on limitations for liability. However, another point of negotiation that similarly requires a sharp pencil is the
Continue Reading How Can A Month Have A Million Minutes? Measuring “Availability” for Your Data Center or Cloud Solution SLAs

Written by:  Heng Loong Cheong, Joyce Chan, Samuel Yang, Louise Crawford

DOMESTIC BANK CARD CLEARING MARKET OPENS UP

Only a few months ago, the State Council’s announcement of the Decision on the Implementation of Market Access Administration in relation to Bank Card Clearing Institutions (the “Decision“) marked the
Continue Reading POTENTIAL GAME CHANGERS: ROUNDUP OF LEGAL CHANGES IN THE CHINA PAYMENTS INDUSTRY

Written by Patrick van Eecke and Atoon Dierick

On 6 July 2015, the European Commission launched a public consultation on the current Audiovisual Media Services Directive 2010/13/EU (“AVMSD”), entitled “A media framework for the 21st century”.

The aim of this public consultation, launched as a result of the rapidly shifting


Continue Reading EU: European Commission declares Audiovisual Media Services Directive rules open for debate

I have expressed some strong views on the (lack of) merits of a specific net neutrality rule in the EU before (here and here).

It was with interest then that I read the language of the “final compromise test” of the proposed new regulation on the Connected Continent from the EC. This cover two things principally – (1) it tries to abolish roaming in the EC; and (2) it contains a net-neutrality-like “open internet” obligation. This blog post will discuss only the latter.

Whilst advocates of net neutrality have criticised the regulation for allowing too many get-outs (in respect of “specialised services” I am much more concerned about the potential downsides in terms of restricting competition and the launch of new services. As explained below however there is also one, little commented-upon, aspect of the new regulation which will, I think, be beneficial and should be much-welcomed by  consumer advocates.


Continue Reading Net Neutrality, the EU “open internet” right and the new rule on internet access speeds

Written by Kit Burden

For many years, the liability provisions regarding data protection issues have been something of a “negotiation backwater” in the context of outsourcing transactions. From a customer perspective, there has been a sensitivity about such provisions from a brand/customer relations perspective which has led them to seek
Continue Reading Data Protection Regulation – the coming storm for outsourcing contracts