The European Court of Justice (ECJ) clarified the scope of the EU telecommunications regulation for Over-the-top (OTT) services in two recent decisions. The court decided whether SkypeOut and Gmail are electronic communications services under the European Framework Directive.
[This is an updated version of my earlier blog piece from July to take account of revisions agreed through the legislative process since then.]
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…
The European Data Protection Supervisor (EDPS) launched it data protection strategy, summarizing it in three strategic objectives and 10 accompanying measures for the next five years.
The EDPS stated that it is a crucial moment for data protection, a period of unprecedented change and political importance, not only in the…
By Patrick Van Eecke and Julie De Bruyn
Article 29 Working Party, the European data protection advisory body, has published its report on the ‘cookie sweep’ that was carried out in September last year in partnership with data protection authorities and other regulators across 8 Member States (Czech Republic, Denmark,…
Article 29 Working Party adopts guidelines on the implementation on the Right to be Forgotten judgment of the CJEU
By Patrick Van Eecke & Julie De Bruyn
The Article 29 Working Party, the European data protection advisory body existing of representatives of the national data protection authorities of the EU Member States, announced yesterday to have adopted guidelines – for national data protection authorities – on the implementation of the Court of Justice’s ruling on the right to be forgotten.
By Patrick Van Eecke and Antoon Dierick
Almost five months after federal parliamentary elections took place, the negotiators from the four political parties around the negotiating table (Flemish parties NVA, CD&V and Open VLD and Walloon party MR) reached a coalition agreement which contains quite a few interesting policy initiatives…
By Patrick Van Eecke and Elisabeth Verbrugge
Working Party 29 issued a working document on model clauses for personal data transfers from EU data processors to non-EU sub-processors. This is an important step towards creating a more comprehensive framework for contract-based personal data transfers outside the EEA.
By Patrick Van Eecke and Antoon Dierick – DLA Piper Brussels;
On November 6, a Paris Court ordered Google to filter out hyperlinks to images of former F1 boss Max Mosley in an allegedly Nazi-themed sadomasochistic orgy. (TGI Paris, 17e ch., 6 novembre 2013, RG 11/07970, Max Mosley c. Google Inc et Google France)
This judgement is situated on the crossroads of privacy rights, freedom of information and cooperation duties of internet intermediaries. A soon to be expected European Court of Justice judgement in a similar case may bring more clarity in finding the right balance between these rights and values.