The EC recently found that Hungary's veto of Vienna Insurance Group's ("VIG") acquisition of the Hungarian subsidiaries of the AEGON Group, an insurance, pension fund, and asset management company, breached EU merger control...more
On February 23, 2022, the European Commission ("Commission") published a proposal for a Data Act which aims at enhancing data access and use within the European Union ("EU")....more
2/24/2022
/ Artificial Intelligence ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
EU ,
European Commission ,
Information Governance ,
International Data Transfers ,
Internet of Things ,
Personal Data ,
Personally Identifiable Information ,
Proposed Regulation ,
Regulatory Agenda ,
Small and Medium-Sized Enterprises (SMEs)
The EU General Court ("GC") annulled the European Commission's €1.06 billion antitrust fine imposed on Intel in 2009 for allegedly abusing its dominant position in x86 Central Processing Units ("CPUs") by offering loyalty...more
1/27/2022
/ Abuse of Dominance ,
Anti-Competitive ,
Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Corporate Counsel ,
Customer-Loyalty Programs ,
EU ,
European Commission ,
Intel ,
Technology Sector
The Development: The Bundestag, the German legislature, amended Germany's antitrust laws to include special competition rules for digital platform "companies with overwhelming importance for competition across multiple...more
The Development: The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC's regulatory...more
The Situation: On October 6, 2020, the Court of Justice of the European Union ("CJEU") held that the national security laws of the United Kingdom, France, and Belgium, which each require that providers of electronic...more
11/6/2020
/ Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Protection ,
Data Retention ,
Data Security ,
e-Privacy Directive ,
Electronic Communications ,
EU-US Privacy Shield ,
International Data Transfers ,
Location Data ,
Member State ,
National Security ,
Standard Contractual Clauses
The European Commission recently launched two consultations that would expand its investigative powers and establish regulations for digital platforms. The Commission intends to close perceived gaps in its authority to remedy...more
In January 2020, the European Commission endorsed the Toolbox of mitigating measures agreed by the Member States of the European Union to address security risks related to the rollout of 5G. The protection of national...more
This week, the European Commission published white papers detailing its strategies regarding the use of data and artificial intelligence ("AI"). Several additional reports accompany the white papers and cover topics such as...more
The Situation: On December 18, 2018, the European Union published its European Electronic Communication Code ("Code").
The Result: The Code overhauls the current legislative framework for telecommunications with the aim of...more
The Situation: On September 5, 2018, Belgium published two laws that implement the Belgian requirements under Regulation 21016/679, the General Data Protection Regulation ("GDPR").
The Details: The two laws include the Law...more
Whistleblowers who expose breaches of European Union law will be afforded greater protection from retaliation by companies and public authorities under a draft law proposed by the European Commission in April 2018. The draft...more
4/27/2018
/ Anti-Corruption ,
Corporate Governance ,
Data Protection ,
Employer Liability Issues ,
EU ,
European Commission ,
General Data Protection Regulation (GDPR) ,
Sarbanes-Oxley ,
Trade Secrets ,
Whistleblower Protection Policies ,
Whistleblowers ,
White Collar Crimes
The Situation: To strengthen cross-border cooperation in investigations, the European Commission has proposed legislation allowing EU Member State authorities to access, directly from services providers, electronic evidence...more
4/26/2018
/ CLOUD Act ,
Criminal Investigations ,
Data Protection ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
International Litigation ,
Proposed Regulation ,
Third Country Entities (TCEs)
The French Competition Authority ("FCA") has published the results of its sector-specific inquiry into display online advertising. The 125-page opinion of March 6, 2018, ("Opinion") identifies potential competition concerns...more
The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on Intel for abusing its dominant...more
9/21/2017
/ Abuse of Dominance ,
Anti-Competitive ,
Appeals ,
Burden of Proof ,
Competition Authorities ,
Corporate Counsel ,
Customer-Loyalty Programs ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Intel ,
Rebates ,
Treaty on the Functioning of the European Union (TFEU)
September 2017 What happened? Last week the European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position...more
9/11/2017
/ Abuse of Dominance ,
Anti-Competitive ,
Appeals ,
Court of Justice of the European Union (CJEU) ,
Customer-Loyalty Programs ,
European Commission ,
European Court of Justice (ECJ) ,
Exclusive Dealing Agreements ,
Intel ,
Pricing ,
Rebates ,
Set-Asides ,
Standard of Review
On June 6, 2017, Belgium adopted legislation ("Law") transposing the EU directive on private antitrust damages (Directive 2014/104, ("Directive")). The Law became applicable on June 22, 2017, and is expected to boost private...more
8/5/2017
/ Antitrust Violations ,
Belgium ,
Burden of Proof ,
Collective Actions ,
Competition Authorities ,
Damages ,
EU ,
EU Damages Directive ,
Evidence ,
Irrebuttable Presumptions ,
Joint and Several Liability ,
Private Right of Action
On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more
3/15/2017
/ Actual Injuries ,
Advertising ,
Argentina ,
Australia ,
Banks ,
Belgium ,
Big Data ,
Canada ,
China ,
Class Action ,
Colombia ,
Connected Items ,
Consumer Protection Act ,
Controlled Unclassified Information (CUI) ,
Credit Cards ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Protection ,
Data Protection Authority ,
Data Security ,
Databases ,
Department of Homeland Security (DHS) ,
Department of Transportation (DOT) ,
Email Policies ,
ENISA ,
EU ,
EU Data Protection Laws ,
Fair Credit Reporting Act (FCRA) ,
Federal Breach Notification Standard ,
Federal Trade Commission (FTC) ,
FinTech ,
France ,
Fraud ,
General Data Protection Regulation (GDPR) ,
Germany ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hong Kong ,
Information Sharing ,
International Data Transfers ,
Investigatory Powers Act 2016 ,
Italy ,
Japan ,
Mexico ,
National Security ,
Netherlands ,
NIST ,
NYDFS ,
OCIE ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Singapore ,
Spain ,
Spokeo ,
Standing ,
State Data Breach Notification Statutes ,
Swiss Privacy Shield ,
Switzerland ,
TCPA ,
Telemarketing ,
UK ,
V2V ,
Web Tracking