Technology's Legal Edge

A Technology, Privacy & Sourcing Blog

CTIL v University of London [2018]  The new Electronic Communications Code (“Code”) came into force on 28 December 2017 with its aim being to update telecommunications operators statutory rights to enable the installation, maintenance and use of telecoms equipment in order to operate their networks or provide an infrastructure network. Much of the drafting contained within the Code has left some ambiguity on how it will operate in practice with the first substantive decision on…
On the 29th October 2018, the Department for Digital, Culture, Media and Sports published a consultation that focuses on addressing the issue of compelling landlords to consider the telecoms connectivity of their tenants and allowing Operators to install infrastructure where landlords are unresponsive. The consultation is specifically seeking views on proposals to support residential and commercial tenants that want to receive gigabit-capable connections. This includes ways to improve the response rate of landlords to requests…
[This is an updated version of my earlier blog piece from July to take account of revisions agreed through the legislative process since then. On 4th December the European Council concluded the legislative process for the new Code and the final text will be published in the EU Official Journal on 17 December, though no changes are expected to this text which dates from 21 November. Please also see my (updated) further piece specifically on the…
[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 (SMP), in some circumstances, to be excluded from the normal access rules that are usually imposed by national regulatory…
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. Circuit Court of Appeals opinion Bais Yaakov of Spring Valley v. FCC—authored by then-Judge/now-Justice Brett Kavanaugh—which held that imposing…
Effective January 1, 2020, a new game-changing privacy law will go into effect in California:  the California Consumer Privacy Act of 2018 (CCPA). The law will have profound implications for companies that collect personal information, as that term is broadly defined, about California consumers, even if the Company is not based in California. For many companies, compliance with the law will require substantial implementation time, not only to address the legal issues but also to…
This blog piece sets out an overview of the regulation of broadband networks in the UK, both now and in the future. As can be seen from the (very recent) dates on the various document referred-to, this is an area which is changing rapidly at the moment, and is a strong focus of both regulatory and of governmental attention. The basic principles of telecoms regulation in the UK are that no access regulations will be…
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 Action Plan (CAP) to comply with HIPAA. The $16 million settlement is nearly three times the previous record of $5.55…
As we look around in the mid part of 2018, the outsourcing industry is in something of a state of flux. There are certainly plenty of challenges. In the UK at least (and particularly vis-à-vis the public sector), a harsh spotlight is being shone on outsourcing. Similarly, the wider global movement towards protectionism and national insularity is also affecting outsourcing (with visas for workers becoming ever more difficult to come by). The technical foundations for…