Telecom law

Developments of the CJEU on the concept of “electronic communications service”
19/03/2020

In two judgments issued during summer 2019, the Court of Justice of the European Union (“CJEU”) provided guidance regarding the qualification of a service as an “electronic communications service” with the meaning set out under Article 2(c) of Directive 2002/21/EC on electronic communications networks and services (“Framework Directive”). The CJEU indeed held different positions according to the nature of the services provided to end-users.

Developments of the CJEU on the concept of “electronic communications service”
09/03/2020

In two judgments issued during summer 2019, the Court of Justice of the European Union (“CJEU”) provided certain guidance regarding the qualification of an “electronic communications service”

EU Data Protection Regulators Issue Opinion on New Challenges to Privacy at Work
18/07/2017

Your employer is watching you! Based on this motto and given the increasing use of new technologies by employers, the Article 29 Working Party (the representative body for data protection authorities in the EU) recently released an opinion (2/2017) on data processing at work. 

Adoption by the European Commission of a proposal for a regulation concerning the respect for private life and the protection of personal date in electronic communications
17/03/2017

On 10 January 2017, the European Commission adopted a proposal for a Regulation¹ to modernise rules on privacy protection in electronic communications. It will repeal Directive 2002/58/EC on privacy and electronic communication².

With the adoption of this proposal, the European Commission intends to accomplish the following:

The CJEU imposes strict conditions on the use of an integrated mailbox in a client-dedicated web space for e-banking and other services
08/02/2017

In its judgment of 25 January 2017 in a case (C- 375/15) opposing BAWAG, an Austrian bank and VKI, an Austrian consumer organisation, the Court of Justice of the European Union ("CJEU") answered the question whether payment service providers may notify their users of any contractual changes via the electronic mailbox of client-dedicated e-banking web space.

GDPR - Security of personal data and what to do in the event of a data breach
27/01/2017

This update aims to provide you with a practical overview of the most relevant changes resulting from the General Data Protection Regulation (GDPR), applicable as from 25 May 2018. This month’s issue discusses the security of personal data and the procedures to be followed in the event of a personal data breach.

The employer’s right to access employees’ e-mails on their professional mailboxes is not absolute
17/10/2016

In a recently published decision of 28 April 2015, the Court of Appeal addressed the issue of the employer’s right to access employee’s e-mails when sent from or received on a professional mailbox. 

European Court of Justice specifies conditions under Article 8(3) of the Copyright Directive governing an injunction against ISPs
28/08/2014

In a decision of 27 March 2014, the European Court of Justice (“ECJ”) held that Article 8(3) of Directive 2001/29/EC (the “Copyright Directive”) also allows injunctions to be applied for against Internet Service Providers (“ISPs”) if an ISP has granted access not to the copyright infringer itself but only to the users of the protected movies. The ECJ described the conditions under which an injunction, prohibiting an ISP from allowing its customer’s access to a website that places protected movies online, is compatible with EU fundamental rights.