New Data Protection Regulation for Europe – Part 1: A One-Stop Shop for Multi-Nationals?

Multi-nationals have long complained that there is no one-stop shop under the existing EU data protection regulations, to facilitate EU wide compliance with data protection rules. The existing data protection regulations set minimum thresholds, which can and have been applied in different ways in different countries. It is in the light of hopes for that elusive one-stop shop, that the …

Spectrum Re-Allocation

As our appetite for mobile data increases, mobile providers in Europe have been putting pressure on regulators to consider spectrum re-allocation in a number of frequencies, including 700 Mhz, sub 700 Mhz (470-694 Mhz), 1427-1518 Mhz (or “L Band”), and in the 3.4-3.6Ghz or (“C band”) frequencies. There was general consensus from the World Radio Conference 2015 (“WRC”) to support …

European Commission 2016 Work Programme

I had a read yesterday through the European Commission work programme for 2016, optimistically subtitled “No time for business as usual”. It seems that creating a connected Digital Single Market in the European Union will generate up to €250 billion of additional growth for the European Single Market (hooray), but sadly even the proposals for achieving this will not materialize …

5G Collaboration – Who Benefits?

Many of us have only just got used to 4G but discussions have already started about how to harmonise the next generation of telecommunications standards (5G) to connect billions of devices wirelessly and using fibre optic technology for enhanced speed and reliability. The European Union and China have signed a co-operation accord to collaborate in the development and roll out …

Safe Harbour Not so Safe

Under the terms of the European Privacy Directive 95/46EC (and in the UK, the Data Protection Act 1998), European based data controllers are prohibited from transferring personal data outside of the European Economic Area, to associated companies or third parties, unless the non-EEA country adequately protects personal data and the rights of personal data subjects. The only countries, which have …

EU vs UK Intellectual Property Rights – Unauthorized use of Photographs on Website

The case of Absolute Lofts South West London Limited v Artisan Home Improvements Limited and another (2015) EWHC 2608(IPEC) is an Intellectual Property Enterprise Court case, where the judge was asked to determine the damages for use of over twenty photographs on the website of a home improvement services company, in circumstances where the photographer’s consent had not been obtained …

Is a public authority an “economic operator” for the purposes of the EU public procurement rules?

(Case C-203/14: Consorci Sanitari del Maresme v Corporació de Salut del Maresme i la Selva) was a case referred to the European Court of Justice (ECJ) by the Spanish authorities. The question they wanted answered was whether a public authority such as a local council could be considered as an “economic operator” for the purposes of the Public Sector Directive …

Geo-Blocking of Copyrighted Material Across the EU

The free movement of goods and people across the EU does not apply to the purchase of television programmes, films or music. Unsurprisingly, TV broadcasters and film distributors are opposed to removing geo-blocking techniques, which prevent their services from being used on a cross border basis. However, a resolution adopted by the European parliament on July 9th has called for …