The European Commission (Commission) has issued a package of measures (the Reform Package), the rationale for which is to simplify and streamline EU merger control.
The completion of the Data Protection Regulation faced another set-back last Friday (December 6, 2013) at the Council of Ministers, in which there was a fundamental disagreement surrounding the proposed “one-stop shop.”
The Council of the EU failed to make any progress towards the adoption of an agreed negotiating position on the Data Protection Regulation at its meeting on Friday, 6 December 2013.
The EU’s Work on Data Protection Reform continues following the vote of the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) on 21 October 2013 to adopt compromise amendments. The 104 compromise amendments represent a consolidation of proposals submitted by various European Parliament committees. Following up on our initial report, Hogan Lovells has prepared a detailed analysis of the compromise amendments approved by the LIBE committee.
The Court of Justice of the European Union (CJEU) recently delivered its judgment in case C-109/12 concerning the legal status of medical devices. The CJEU confirmed Advocate General Sharpston’s opinion that Member States may classify the same product differently and confirms previous rulings of the CJEU.
Where Do We Stand On the Territorial Scope of EU Data Protection Law Following the Recent European Parliament Vote?
The determination of the territorial scope of the current EU Directive n° 95/46 is still under dispute both before national Courts and the European Court of Justice (ECJ). This issue may soon become moot with the adoption of future data protection regulation, which may modify and expand the territorial scope of EU data privacy law, especially following the results of the recent vote of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs.
The “right to be forgotten” is a hot topic of discussion in the context of imminent EU Data Protection Reform. Article 17 of the new EU General Data Protection Regulation will give data subjects the “right of erasure” to request that data controllers delete any personal data relating to them, and ensure there is no further dissemination of such data.
On October 16, 2013, Dr. Pilar del Castillo Vera issued the draft opinion of the European Parliament’s Committee on Industry, Research and Energy (ITRE) with regard to the proposed cyberstrategy of the EU.
On 3 October 2013, in the case of Peter Pinckney vs. KDG Mediatech AG, the Court of Justice of the European Union (CJEU) confirmed that, with certain qualifications, when a copyrighted work is reproduced in one Member State, and offered for sale online by companies established in another, the author of the work can bring an action for copyright infringement in the courts of their own home Member State if infringing copies are accessible from that State – even if that State is not among the States where the work was reproduced and/or made available online.
Gender imbalance on corporate boards poses a serious challenge for all EU member states. In an effort to tackle this issue the European Commission launched a public consultation on possible action at EU level on 5 March 2012.