Prospect of increased regulation in UK for digital giants

The Competition and Markets Authority, the UK Competition regulator, has said it will act against Facebook and Google if the government doesn’t set up a digital regulator within a year. According to the Financial Times, Andrea Coscelli, chief executive of the CMA, said: ‘Plan A is to have a regulatory framework. If [within a year] …

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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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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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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.

How will Ofcom’s role change in 2020?

On 30 April 2020 Ofcom published its work plan for 2020/21, which flags two new material upcoming changes in its role for 2020: becoming the regulator for on-line harms (aka dealing with ‘fake news’ on social media) enforcing the UK’s policy to limit/exclude Chinese network vendors from UK 5G network deployment. Ofcom explains: “…the UK …

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