On October 12, 2022, the EU Digital Markets Act (DMA) was published in the Official Journal of the European Union (see here), giving clarity as to when the new rules will apply. The DMA will enter into force on November 1, 2022, and it will become fully applicable in May 2023. At that point, the gatekeeper … Continue Reading
On July 18, 2022, the EU Council formally adopted the EU Digital Markets Act (DMA), following approval by the EU Parliament earlier this month (the press releases are available here and here). The final DMA text as approved is available here. As next steps, the final text of the law will be signed by the … Continue Reading
In anticipation of its new powers to regulate the largest digital platforms, the EU is planning to open a San Francisco base to engage with these companies, which are based mostly in Silicon Valley and the broader Bay Area. The EU’s plans to open its first representative office on Californian soil reflects the EU’s intent … Continue Reading
The EU is close to finalizing the adoption of the Digital Services Act (DSA), which will impose new obligations on digital platforms regarding content moderation, due diligence for illegal content, and advertising transparency. It will entail significant changes to existing EU law in these areas and will impose substantial new compliance burdens on companies in … Continue Reading
The EU Parliament and the EU Council recently adopted their respective versions of the Digital Markets Act (DMA) and Digital Services Act (DSA), which intend to create new antitrust-related (DMA) and regulatory (DSA) rules applicable to digital platforms.1 The adoption of the draft amendments by the EU Parliament and the EU Council constitutes a critical … Continue Reading
On February 10, 2021, the Council of the European Union (EU) agreed on its version of the draft ePrivacy Regulation (Council Position). The long-awaited ePrivacy Regulation, which will repeal the existing ePrivacy Directive, overhauls the rules on cookies and regulates the use of and access to electronic communications data.… Continue Reading
On December 15, 2020, the European Commission (EC) unveiled a set of proposals to regulate digital platforms. The draft laws include antitrust-related requirements, addressed by the Digital Markets Act (DMA) and more general regulatory requirements, addressed in the Digital Services Act (DSA). The DMA/DSA package will apply to all digital services, including social media, online … Continue Reading
On September 28, 2020, the U.S. Department of Commerce (DoC) published a white paper co-authored by the U.S. Department of Justice (DoJ) and the Office of the Director of National Intelligence (white paper)[1] which provides information on the safeguards under U.S. law to limit the collection of data from private companies by U.S. intelligence services. … Continue Reading
On April 8, 2020, the European Commission (the Commission) released its recommendation for a pan-EU approach on the use of technology and data to combat the COVID-19 pandemic (the Recommendation). The Commission calls for the creation of a “toolbox” consisting of practical measures taken at the EU level to address the use of mobile applications … Continue Reading
On December 10, 2019, the Danish Supervisory Authority (SA) published its final version of Standard Contractual Clauses (SCCs) that data controllers and processors may use to satisfy the General Data Protection Regulation (GDPR) obligation to enter into a data processing agreement. The Danish SCCs have been reviewed and approved by the European Data Protection Board … Continue Reading
