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Cybersecurity / Intelligence and security agencies / Jurisdiction / Security

New EU Cyber Security Directive enters into force today, alongside new US Cyber Incident Coordination Directive

Cyber threats know no borders even if the law does…so how are cyber policies evolving in 2016 to deal with the increasing complexity and scale of cyber-incidents now faced by countries, businesses, and individuals? As anticipated in my post from January this year, a bolstering of cyber security legislation is squarely on the legislative and … Continue reading

Brexit / Data protection / Data transfer / Jurisdiction / safe harbour

EU Approves ‘Privacy Shield’ Safe Framework for Trans-Atlantic Personal Data Transfers

Privacy shields doubling as privacy swords? … While “the best defence” may also make a “good offence” (or, “offense”, as our US counterparts would call it), first you need to be confident that your defence strategy works! Last Friday, a statement was made by EU Vice-President Ansip and Justice Commissioner Vera Jourová announcing the adoption … Continue reading

blocking injunction / deep packet inspection / filtering / Intellectual Property / Internet intermediaries / Trade Marks

Blocking injunction confirmed in trade mark case: could Cartier ever nourish euro-scepticism even after Brexit?

The Court of Appeal of England and Wales (CA) confirmed yesterday the availability of injunctions against Internet access providers to the benefits of trade mark owners. In short, the CA had to hear appeals by five English Internet service providers (Sky, BT, EE, TalkTalk and Virgin, known as ‘the ISPs‘) against first instance orders made … Continue reading

anonymisation / Brexit / Data protection / Data transfer / digital identity / e-government / eIDAS / General Data Protection Regulation / safe harbour

eIDAS applies from 1 July 2016: An EU dream come true after a Brexit nightmare?

  Six days after the results of the UK Brexit referendum and it is still very hard to go back to a “normal” life, especially while remaining an EU citizen living in the UK. One of the most upsetting things of the referendum, at least for lawyer, is its nonsense. This holds true in particular … Continue reading

content regulation / hate speech / illegal content / immunities / Intellectual Property / Internet intermediaries / notice-and-take down / terrorism

The EU Commission and its official Communication on Online Platforms: is the e-commerce Directive being attacked by the back door?

As you might remember, a draft version of the European Commission’s Communication on Online Platforms and the Digital Single Market was leaked at the end of April. From digesting it at that time, it seemed to be clear that the Commission had taken the view that content regulation should be sectorial and the liability exemptions … Continue reading