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Digital Media & Content

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The ICO has published its final Age Appropriate Design Code of Practice for Online Services, following a public consultation last year. The code sets out 15 standards applicable to certain online services aimed at or likely to be accessed by children, requiring the “best interests” of the child to be the primary driver of product and service design. Who should read this? Anyone that designs or develops online services will need to consider whether to…

A few days ago the Government published its Initial Response to the public consultation on the Online Harms White Paper (April 2019). The Online Harms White Paper sets out the intention of the government to improve protections for users online through the introduction of a new duty of care. The subsequent 12 week consultation period received over 2400 responses from a range of stakeholders. This response provides an overview of these responses and the government’s…

On January 8, 2020 the ICO published its draft Direct Marketing Code of Practice for public consultation, which is open until 4 March 2020. We are summarized the status of the draft code, the key areas which are new compared to the ICO’s current direct marketing guidance, and the next steps. What is the draft code and its status? The Information Commissioner is required to publish a statutory direct marketing code under the Data Protection…

On January 17, 2020, the ICO published a blog post entitled “Adtech – the reform of real time bidding has started and will continue”, which provides an update on key industry changes in relation to Real Time Bidding and the ICO’s approach going forward to the issues identified in its June 2019 report.   We previously summarized the key points from the June 2019 report here, as well as an update from the ICO on…

A key part of the EU’s New Deal for Consumers entered into force on January 7, 2020: the Omnibus Directive, which strengthens consumer rights through enhanced enforcement measures and increased transparency requirements. The headline changes introduced by the new Directive are: GDPR-style penalties.A requirement for increased transparency online, in particular for search result rankings and personalized pricing.The extension of consumer rights to “free” digital content and services. EU Member States have two years to transpose…

On 20th June 2019 the Information Commissioner’s Office (ICO) published its “Update report into adtech and real time bidding” setting out the ICO’s findings and views on data protection practices in the adtech industry. This follows a review by the ICO of the adtech industry including engagement with industry stakeholders. The review focused specifically on real time bidding (RTB) as, according to the ICO, this type of online behavioural advertising appears particularly challenging from a…

What does 2019 hold for businesses in the Technology, Media and Telecommunications sector and what legal and regulatory trends should be on their radar? A complex question in a world in which the boundaries between areas are blurring to an extent that car manufacturers are becoming tech companies, traditional content producers are launching their own direct-to-consumer streaming services, and telecommunications providers are moving into adjacent industries to make up for declines in traditional revenues. Everywhere,…

The Federal Trade Commission (“FTC”) continues to bring enforcement actions against companies that engage in false advertising and deceptively enrolling consumers in ongoing sales plans without express informed consent – a practice known as “negative option” marketing.On October 24, 2018, the FTC announced that a federal district court in California temporarily enjoined three defendants and the companies they controlled from enrolling consumers in any ongoing sales plan without the consumer’s express informed consent. A negative…

On June 5, 2018, the Government of Canada announced via news release the launch of a review of Canada’s Telecommunications Act, Broadcasting Act and Radiocommunication Act, to modernize Canada’s communication legislative framework. The review will be carried out by a panel of seven members from law, business and academics, and will conclude with the publishing of a final report by January 31, 2020. The scope and objectives of the review are set out in Terms…

The German legislator has, in principle, adopted the Network Enforcement Act (NEA) (in German: “Netzwerkdurchsetzungsgesetz”) which will impose stringent new obligations on social media platform providers in relation to unlawful content. This an attempt to more effectively combat fake news and hate speech. Click here for our detailed client alert.Who will the NEA apply to?The NEA will apply to, and impose obligations on, providers of social media platforms that have at least two million registered…