European Data Protection Board releases updated controller / processor guidance for comment

Are you sure you are a data processor? Introduction On 7 September 2020, the European Data Protection Board (EDPB), successor to the ‘article 29 working party’, released updated guidance on the concepts of ‘data controller’ and ‘data processor’ under European Privacy law (i.e. General Data Protection Regulation or GDPR). Whilst this has already been subject …

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UK Intellectual Property Office seeks views on Artificial Intelligence and Intellectual Property

On 7 September 2020, the UK’s Intellectual Property Office (IPO) published a call for views on the impact of Artificial Intelligence (AI) on the UK’s Intellectual Property (IP) laws. Responses are due by 30 November. The consultation takes place against the backdrop of worldwide interest in AI and the law by governments and regulators. The …

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Europe proposes lower voice termination rates

On 25 August 2020, the European Commission proposed a regulation to set Europe-wide (lower) voice termination rates of 0.2 euro cents per minute for mobile voice and 0.07 euro cents per minute for fixed voice. The introduction of these new termination rate ceilings are subject to: a three year ‘glide path’ (to 1 Jan 2024) …

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US restrictions sound death knell for Huawei?

The US has updated its rules to prevent Huawei’s access to commercially available chips that use US technology in a move that could sound the death knell for the Chinese telecoms firm. Under new restrictions, announced on Monday 17 August by the US Commerce Department, companies globally will need to obtain a licence to sell …

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EU and US start work on enhanced Privacy Shield: Mr Schrems to be persuaded…

On 10 August 2020, Following the European Court’s Schrems II judgment invalidating the US Privacy Shield (and calling into question the legal basis for other transatlantic data transfers), the EU Commission and US Department of commerce issued a short, joint statement: “The U.S. Department of Commerce and the European Commission have initiated discussions to evaluate …

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Exporting data from the EU after Schrems II: what to do now

As previously discussed, the European Court of Justice’s recent Schrems II decision both (i) invalidated the US privacy shield; and (ii) threw into question alternative justifications for the export of personal data from the EU to the US. Whilst there is yet to be a substantive response from the European Commission, initial reactions from the …

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UK confirms it will mostly implement new EU telecoms law (despite Brexit)

On 22 July 2020, the UK government confirmed that it would largely implement the European Electronic Communications Code – the EU’s updated, harmonised regulatory framework for telecoms – into UK law by 21 December 2020. This confirms the approach from that first announced in July 2019, providing welcome certainty, despite a change in the leader …

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European Court invalidates US Privacy Shield and questions blanket use of Standard Contractual Clauses

Schrems II disrupts data export from EU: on 16 July 2020, the European Court of Justice decided, overturning the 2016 Privacy Shield Decision of the European Commission, that the US Privacy Shield did not, and does not, provide an adequate level of protection for the transfer of personal data from the EU to the US.

UK excludes Huawei from 5G

UK excludes Huawei from 5G and broadband networks: the UK Government has announced a U-turn on Huawei’s involvement in 5G networks, following a meeting of the National Security Council, that will delay 5G rollout by two to three years and increase costs by up to £2 billion.