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
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
[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
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
By Anna Spencer and Milton Gregory on Posted in Uncategorized
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
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
This article was originally published in Privacy Laws & Business International Report, June 2017, www.privacylaws.com. 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
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
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
Written by Annabel Ashby Cloud computing is no longer new (and indeed can be seen as itself being rebadged from earlier forms of remote hosted/ASP style offerings). However, what is apparent is the continuing growth in size and sophistication of cloud deals, both in the private and public cloud space. With this comes an increased … Continue Reading
Written by Roxanne Chow No one wants to start a new supplier relationship by discussing what happens if a service contract terminates. Everyone’s busy getting the service off the ground, and no one wants to upset goodwill by talking about breaking up. However, lawyers specialize in “what ifs”, so this comment will look at how … Continue Reading
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
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
Written by Dylan Kennet and Louis Lehot Valuations of double digit multiples are often no surprise when it comes to technology companies, whether in Silicon Valley or here in the UK. Commonly known as “unicorns,” they are often defined as private companies valued at over $1bn. There are currently 169 unicorns globally with a cumulative … Continue Reading
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
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
Written by Carol Umhoefer (Carol.Umhoefer@dlapiper.com) and Caroline Chancé (Caroline.Chance@dlapiper.com). 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
To mark International Data Protection Day 2016, we share with you some exciting new projects we have been working on to help you and your business prepare for coming developments in data protection, privacy and security law. DATA PRIVACY SCOREBOX: OUR NEW TOOL This is our brand new tool to help you assess your data … Continue Reading
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
Following an emergency meeting this morning, Oct. 7, the CNIL has published a statement summarizing the ECJ’s Oct. 6 decision in the Schrem case invalidating EU-US Safe Harbor, and reiterating the fact that the CNIL is discussing with the G29 data protection authorities a position that should be shared by all the Member States. The … Continue Reading
Thank you all for attending our webinar on the “Internet of Things Legal and Business Framework”. For those who could not attend, the main conclusions are summarized below:… Continue Reading
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
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
DLA Piper has played a key role in the launch of guidelines issued by the European Commission intended to help businesses save money and get the most out of cloud computing services. The guidelines aim to ensure contracts between professional cloud users and cloud providers are written plainly, boosting confidence in the digital market. The … Continue Reading
