2018 posed new opportunities and challenges for IP-rich businesses, with major new legislation introduced in Europe to govern trademark and trade secret protection; significant and transformational case law in the U.S., and the confirmation of new planned IP-specific legislation for several jurisdictions in Asia. We’re here to help you keep abreast of these changes and understand how they impact you. Our third annual Global IP Outlook reflects on some of the major developments in intellectual…

Global Media and Communications Watch

An Approach for Setting Administrative Fines Under the GDPR

By Winston Maxwell & Christine Gateau on February 21, 2019

Article 83 of the GDPR provides for two levels of administrative fines: a lower level – maximum of €10 million or 2% of the global turnover – for violations relating to record-keeping, data security, data protection impact assessments, data protection by design and default, and data processing agreements; and a higher level – maximum of €20 million or 4% of the global turnover – for violations relating to data protection principles, the legal basis for…

Global Media and Communications Watch

Viaero Violation: FCC Proposes $20k Penalty for Unauthorized/Unregistered Operations

By Trey Hanbury & Sarah K. Leggin on February 20, 2019

The Enforcement Bureau (“Bureau”) proposed a $20,000 penalty against Viaero Wireless (“Viaero”) for allegedly transmitting in the 3650-3700 MHz band without authorization.…

Global Media and Communications Watch

EU Copyright Directive: Breakthrough

By Penny Thornton & Alastair Shaw on February 14, 2019

Last night the Commission, the European Parliament and the Council finally agreed the text of the long-awaited draft Copyright Directive. This followed a breakthrough compromise on the liability of platforms for making available user-uploaded content (Article 13). See our earlier blog of yesterday. The next step will be a vote in the EU Parliament on the agreed text and, assuming it is passed, then it will be published in the Official Journal of the EU.…

Global Media and Communications Watch

Using artificial intelligence to fight hate speech

By Winston Maxwell on February 7, 2019

Hogan Lovells partner Winston Maxwell spoke at the executive roundtable on artificial intelligence and online hate speech, organised on January 31, 2019 by CERRE, the Centre on Regulation in Europe. The goal of the roundtable was to discuss what measures should be adopted to fight hate speech online and to look at the pros and cons of using machine-learning in that context.…

Global Media and Communications Watch

California DoJ Sets March 8 Deadline for CCPA Pre-Rulemaking Comments

By Timothy Tobin, Harriet Pearson, Mark Brennan, Bret Cohen & Ryan Woo on February 5, 2019

The California Department of Justice has announced a March 8, 2019 deadline for submitting written pre-rulemaking comments on the California Consumer Privacy Act (CCPA). The March 8 deadline is an extension from the previously set end-of-February deadline. Pursuant to section 1798.185(a) of the CCPA, the California Attorney General (AG) is obligated to solicit broad public participation and adopt regulations to further the purposes of the CCPA. The CCPA sets out seven specific areas for AG…

Global Media and Communications Watch

Poland: credit scoring in danger?

By Jakub Baczuk & Ewa Kacperek on January 31, 2019

A draft act on adjusting the Polish legal system to the provisions of the GDPR is under way in the lower house of the Polish Parliament (Sejm). The draft act contains, among others, provisions amending the rules for processing personal data by banks, credit institutions, loan companies and other entities regulated by Polish banking law. Particular controversy has been caused by the government’s proposal to limit the scope of data on which the credit risk…

Global Media and Communications Watch

EU: Are blockchain and data protection incompatible?

By Winston Maxwell & John Salmon on January 24, 2019

Since publishing the original version of our guide to blockchain and data protection in September 2017, there has been considerable further commentary from academics, politicians and practitioners, some of which suggested that there is inherent incompatibility of blockchain systems with EU data protection law. This updated version of our guide puts forward our views on this question, offering a more optimistic view. In addition, we also address the key data protection issues that will arise…

Global Media and Communications Watch

Hogan Lovells publishes Demystifying the U.S. CLOUD Act

By Winston Maxwell, Mark Brennan & Arpan Sura on January 16, 2019

Hogan Lovells has published Demystifying the U.S. CLOUD Act, a detailed analysis of the impact of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) on non-U.S. businesses and individuals who use cloud storage solutions. Demystifying the U.S. CLOUD Act was written by Hogan Lovells partners Winston Maxwell and Mark Brennan, and senior associate Arpan Sura. The report specifically focuses on language in the CLOUD Act that allows U.S. law enforcement agencies, under certain…

Global Media and Communications Watch

Privacy, Cybersecurity, and the Internet of Things in Asia: What to Expect in 2019

By Mark Parsons on January 15, 2019

Increasing numbers of initiatives, devices, and solutions related to the Internet of Things (IoT) are substantially impacting the development of cybersecurity and data privacy regulations throughout Asia. After the implementation of the General Data Protection Regulation (GDPR) in Europe, for example, Asian lawmakers are considering strengthening their own data protection laws. The region is also characterized by a push in a number of jurisdictions towards data localization requirements driven more by “cyber sovereignty,” national security…

Global Media and Communications Watch

The International Legal Blog for the Tech, Media and Telecoms Industry

Blog Authors

Global IP Outlook 2019 – Two steps forward and a look back

An Approach for Setting Administrative Fines Under the GDPR

Viaero Violation: FCC Proposes $20k Penalty for Unauthorized/Unregistered Operations

EU Copyright Directive: Breakthrough

Using artificial intelligence to fight hate speech

California DoJ Sets March 8 Deadline for CCPA Pre-Rulemaking Comments

Poland: credit scoring in danger?

EU: Are blockchain and data protection incompatible?

Hogan Lovells publishes Demystifying the U.S. CLOUD Act

Privacy, Cybersecurity, and the Internet of Things in Asia: What to Expect in 2019

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