On September 20, 2022, an adviser to the EU’s top court opined that competition authorities may consider a company’s compliance with the EU’s data protection rules as part of an abuse of dominance investigation.
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Continue Reading EU Court Opinion: Competition Authorities May Consider Data Protection Breaches in Their Investigations
On October 27, 2022, the Digital Services Act (DSA) was published in the Official Journal of the European Union, sweeping in a new era in the regulation of digital services. (See Wilson Sonsini’s DSA
Continue Reading European Union Adopts Flagship Digital Services Act
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 designation process will start, and once designated, gatekeepers will have six months to comply with the DMA. This means that the DMA will only be fully enforceable against companies in spring 2024, likely around March.
Continue Reading Formal Publication of the DMA and Timelines for Compliance
On October 7, 2022, President Biden signed an Executive Order (Order) on Enhancing Safeguards for United States Signals Intelligence Activities. This marks the latest step towards the new EU-U.S. Data Privacy Framework (Framework), a replacement
Continue Reading President Biden Signs Executive Order to Implement the New EU-U.S. Data Privacy Framework
On September 15, 2022, the European Commission (EC) published a Proposal for a Cyber Resilience Act (CRA Proposal) that sets out new rules in the European Union (EU) for software and hardware products and their remote data processing solutions. The CRA Proposal introduces mandatory cybersecurity-related requirements and reporting obligations, including about product vulnerabilities, for manufacturers, importers, and distributors of such products. The potential sanctions include product withdrawal from the EU market and fines of up to EUR 15 million or 2.5 percent of total worldwide annual turnover for the preceding year.
Continue Reading European Commission Proposes New EU Cybersecurity Rules for Software and Hardware Products
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 Parliament and Council Presidents and will be published in the EU Official Journal. The Publications Office still needs to make some further technical edits to the text before it can be published, including to clarify the date of application (i.e., add a specific date, given that the text currently states “[6 months after entry into force]”). We expect that final publication in the EU Official Journal will take place this fall.
Continue Reading EU Parliament and EU Council Approve the DMA