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The Electronic Communications Code – First Tribunal Decision on Consideration and Compensation payable by Operators

The Upper Tribunal recently issued its first decision under the new Electronic Communications Code on the consideration and compensation payable by an operator to a site provider – EE Limited and Hutchison 3G Limited -v- The Mayor and Burgesses of The London Borough of Islington [2019] UK UT. Operators will welcome the decision as it … Continue Reading

Smart Technology – A new industry initiative

Written by Michiko Jo Consumer products using smart technology bring excitement as well as solutions and convenience to everyday life. However, the connected and dependant nature of smart technology products to related services and other devices means that there are features and characteristics which are not found in traditional standalone products.    Last week, DLA … Continue Reading

Co-Investment Models for Broadband Infrastructure – an explanation and short critique (updated)

[This is an updated version of my earlier blog piece from July to take account of revisions agreed through the legislative process since then.] *** The new European Communications Code (the “Code” – which I have blogged about here) will introduce a mechanism allowing investments in fibre networks made by operators with significant market power … Continue Reading

FCC Eliminates the 2006 Solicited Fax Rule

The Federal Communications Commission issued an order on Wednesday, November 14, 2018, eliminating the “Solicited Fax Rule”—a blanket requirement created by the FCC in 2006 requiring senders of facsimile advertisements to include opt-out information on every facsimile, even if the recipient technically “solicited” the advertisement. This order came in (somewhat-delayed) response to the 2017 D.C. … Continue Reading

Record-breaking $16 million settlement for potential HIPAA violations

Anthem, Inc. has agreed to pay a record-setting $16 million to the US Department of Health and Human Services’ Office for Civil Rights (OCR) to settle alleged HIPAA violations in connection with Anthem’s 2015 health data breach that affected almost 79 million people.  In addition to the settlement amount, Anthem agreed to a substantial Corrective … Continue Reading

Roaming and MVNOs – too clever by half

Just a quick note to draw attention to a decision by BIPT, the regulator in Belgium here Lycamobile has been fined €30,000 for violation of the “roam like at home” requirements of the roaming regulation (contained in the 2012 regulation as amended in 2015). It appears that they were offering add-on bundles (at attractive prices) … Continue Reading

Global reach of the GDPR: What is at stake?

This article was originally published in Privacy Laws & Business International Report, June 2017, Written by Meredith Jankowski and Michelle Anderson Companies that target EU residents must comply with the GDPR — even if they are not established in the EU. In less than a year — on 25 May 2018 — the European … Continue Reading

Breach of Credit Card Numbers and CVV Numbers

Written by Anne Kierig and Jim Halpert In a move that affects businesses that suffer breaches of credit card data, 15 State Attorneys General took the position in a letter released Monday that a data breach of state resident name plus payment card number alone without acquisition of the card’s CVV number is “personal information” … Continue Reading

Caps on Liability – How to Avoid it Backfiring

Written by Jeff Aronson Imagine that you’re counsel for a software company. You draft a software license agreement’s limitation-of-liability clause to limit the liability of each party under the agreement to $5,000, notwithstanding anything to the contrary.  What do you expect would be the result if the customer refuses to pay for the $20,000 in … Continue Reading

Blog Post: Swiss-US Privacy Shield Adopted, Aligns with EU-US Privacy Shield

Written by Michelle Anderson The Department of Commerce International Trade Administration and Swiss Federal Council announced on January 11, 2017, the creation of a Swiss-US Privacy Shield framework that will “apply the same conditions as the European Union” under the EU-US Privacy Shield framework. This is welcome news for companies that transfer personal data from … Continue Reading

Managing third parties under the Privacy Shield needs care

Written by Rena Mears, Ryan Sulkin, Eric Roth and Jim Halpert Controllers need to negotiate contract terms with third-party controllers and processors that are consistent with the controller’s obligations under the Shield. By Rena Mears, Ryan Sulkin, Eric Roth and Jim Halpert. The Privacy Shield’s heightened infrastructure, regulatory, and documentation requirements present participating companies with … Continue Reading

Brexit and mobile termination rates

One quick thought on Brexit amongst many written today. It concerns the significant impact it will likely have on the price of international voice calls. All through the EU the price that mobile network operators (MNOs) can charge one another for terminating calls made to their own customers (called the “mobile termination rate” or MTR) … Continue Reading

UK – Proposals to Reform the Electronic Communications Code

By Rob Shaw, Senior Associate and Ben Rogers, Legal Director – DLA Piper Proposals for reform of the Code have gathered pace recently; on Tuesday the Department of Culture, Media and Sport released the Government’s proposals to reform the Code and yesterday it was announced that the new Code will be part of the Digital … Continue Reading

EUROPE: The Applicability Of EU Data Protection Laws To Non-EU Businesses

Written by Carol Umhoefer ( and Caroline Chancé ( This article first appeared in E-Commerce Law and Policy – volume 18 issue 03 (March 2016). On December 16, 2015, the Article 29 Data Protection Working Party (“WP29″) updated their Opinion 8/2010[1] on applicable law in light of the landmark decision Costeja v. Google[2] rendered by … Continue Reading

EUROPE: New Telecom Package Promoting Net Neutrality Principle Adopted on October 27th, 2015

By Florence Guthfreund-Roland and Mathilde Hallé On October 27th, 2015, the European Parliament adopted Regulation No. (EU) 2015/2120 “laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within … Continue Reading

EUROPE: New Provisions on Customer Protection in the Proposed EC Regulation

By Florence Guthfreund-Roland & Mathilde Hallé The Legislative Resolution of the European Parliament dated April 3rd, 2014 relating to the telecom sector, following the European Commission’s proposed “Connected Continent Legislative Package” dated 2013, includes a wide range of new requirements aimed at greater consumer protection. In accordance with the “Europe 2020” digital strategy promoted by … Continue Reading

Big Data, Big Privacy Issues

By Patrick Van Eecke & Mathieu Le Boudec Last week, a resolution on big data was adopted under the auspices of the 36th International Conference of Data Protection and Privacy Commissioners (hereafter: “ICDPPC”). After earlier guiding documents released this year by, among others, the Executive Office of the President of the United States, the Information … Continue Reading