From the Co-Chairs – Communications Law

An introduction to the August 2021 IBA Communications Law Committee newsletter

Released on Aug 2, 2021

New Steps into Media Regulation: German Pioneer Legislation for Platforms, User Interfaces and Intermediaries

This article addresses Germany’s new State Treaty on the modernisation of media legislation (Medienstaatsvertrag or MStV). Special emphasise is given to the aims of new media regulation, in particular the regulation of media platforms, user interfaces and media intermediaries.

Released on Aug 2, 2021

The Brazilian National Data Protection Authority’s Established Guidelines on Best Practice Regarding Data Breaches

Incidences of several cases of data leaks reported in Brazil in early February 2021, has resulted in the Brazilian Data Protection Authority (ANPD) issuing general guidelines on how data subjects and data processing agents should proceed when they are involved in data breaches

Released on Aug 2, 2021

The European Commission’s Ambitious Regulatory Agenda in the Field of Digital Services and AI: a status update from Brussels on the DSA, DMA and AI Act

The European Commission has demonstrated an extremely ambitious agenda for digital regulation with the publication of ground-breaking proposals to introduce new rules to regulate online platforms and govern the use of artificial intelligence (AI). These proposals, which are now under discussion in the European Parliament and Council, demonstrate a desire to set global standards for the regulation of digital platforms and services, and adopt legislation with extraterritorial reach to shape the way in which international companies conduct their business in the digital marketplace.

Released on Aug 2, 2021

Chile’s Public Bid Process for 5G Services and its Key Characteristics

It is an undeniable truth that connectivity is becoming an everyday essential asset to humankind. In such a way, the deployment of 5G services has been chosen by governments and international entities as one of their main objectives, understanding that a swift improvement to their networks would make a huge difference in the tech race, along with allowing the community the benefits of countless new digital tools, products, and services. This article briefly shows how the 5G public bidding process was came about and developed in Chile and describes some of its key characteristics.

Released on Aug 2, 2021

Governance in the Digital Economy: the Challenge of Governing Algorithms

The ‘Fourth Industrial Revolution’, as coined by Klaus Schwab, creates new governance challenges. We are immersed in a digital transformation triggered by the exponential effect of emerging technologies that are changing the world: changing the way we communicate, socialise, entertain, work, produce, and provide services. Among the exponential technologies, AI (which can be defined as a collection of technologies that combines data, algorithms, and computing power) is one of the most important applications of the data economy.

Released on Aug 2, 2021

EU Draft Regulation for Regulating AI

The European Commission has taken a step forward in its strategy aimed at achieving a trustworthy artificial intelligence (AI) environment within the European Union (EU): on 21 April 2021, the European Commission published its proposed Regulation on Artificial Intelligence (draft Regulation). This article outlines this regulation, its requirements, penalties, data governance and future projections.

Released on Aug 2, 2021

EU privacy and data protection in the age of the coronavirus

Privacy and data protection rules should not be an obstacle in the fight against the Covid-19 pandemic. Nevertheless, users’ safeguards should be upheld: this is the basic assumption that should guide national authorities currently facing the Covid-19 emergency, who are looking for technological instruments to make their actions more effective (such as access and treatment of citizens’ personal data, and the use of tracing applications).

Released on Mar 26, 2020

Covid tracing apps: a comparison of different approaches

As the global community struggled to contain the Covid-19 pandemic throughout 2020, various international governments incorporated new data-driven technologies within their suite of regulatory tools to reduce the spread of the coronavirus.

Italian Communications Authority issues copyright enforcement measures against Telegram

The Italian Communications Authority (AGCOM) has initiated proceedings for online copyright infringement on the application of publishing industry rights holders. The applicants claimed that public channels on the instant messaging platform illegally made thousands of journalistic and literary works from their catalogues available for downloading. AGCOM’s moral persuasion proved pertinent, as Telegram spontaneously removed them. Most recently, emergency legislation has introduced new provisions expanding A

Chile: digital economy developments and challenges during the Covid-19 pandemic, from a TMT law perspective

There is no doubt that the digital economy – also known as the new economy, the web economy, or the internet economy – is now part of our concrete reality and has become essential to the global economy. Its exponential growth over the past few months has been greatly boosted by the Covid-19 pandemic, which has compelled people to depend more than ever on electronic communications. This boost has however, required tenacious efforts from public and private entities to eliminate and/or reduce barriers posed b

EU Court of Justice rules on zero-rating

By a decision dated 15 September 2020, the Court of Justice of the European Union has confirmed that zero-rating practices are banned under Regulation 2015/2120, the Regulation that introduced net neutrality provisions into the EU framework.

Australia’s proposed legislation to require payment by platforms for news content: an appropriate global model?

The Australian Government has recently consulted on draft legislation, the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020 (draft Code). The draft Code requires designated digital platforms, initially only Google and Facebook, to negotiate with Australian media companies on a range of issues, including the question of payment for using a media company’s news content. If the negotiating is unsuccessful, this question of payment may be sent to compulsory arbitra

Jurisdiction conflict between Mexican antitrust regulators (uber/cornershop case) and its impact on multi-sided digital platform

The continue evolution of the telecoms sector, together with the development of digital platforms and services is growing at an unprecedented pace. This has resulted in some jurisdictional conflicts between antitrust regulators in Mexico, when defining whether or not a transaction is related to the telecoms sector. Within this context, it is relevant to analyse the most recent resolutions regarding jurisdiction conflicts between the Federal Antitrust Commission (COFECE) and the Federal Telecoms Institute (

The EU Court of Justice rules on zero-rating practices under the Net Neutrality Regulation

In Telenor Hungary adopted on 15 September 2020, the European Court of Justice (Grand Chamber) has, for the first time, interpreted Regulation 2015/2120 on the ‘open internet’ (the Net Neutrality Regulation). Through this preliminary ruling, the Court gives some guidance on the validity and limits of so-called ‘zero-rating’ offers

The Brazil Antitrust Agency’s new study on digital markets

This article introduces and analyses the new study launched by the Department of Economic Studies (DEE) of the Administrative Council for Economic Defence (CADE), the Brazilian Competition Authority, in August 2020, on contemporary aspects involving the competition dynamics in digital markets. The 130-page study aims at reviewing and compiling several reports and papers produced by other antitrust authorities and international research centres. CADE’s study, inter alia, gathers fresh discussions on the mai

China adopts ‘carrot and stick’ approach to apps

China has witnessed continuing progress in personal data protection laws as well as the tightening of law enforcement in this field. Recently the authorities’ spotlight has been on mobile applications or apps, which are the most popular way that businesses collect personal information. Chinese authorities have adopted the carrot and stick approach by cajoling app operators into following the best practice, while aggressively going after violators to curb illegal apps

China releases the new draft of security assessment measures for the cross-border transfer of personal information

In the small hours of the morning of Thursday 13 June 2019, China’s Cyberspace Administration released its Measures on Security Assessment for Cross-border Transfer of Personal Information (Exposure Draft). The Measures, outlined in this article, were open for public comment until 13 July 2019.

Data scraping: the cyclone in China’s cybersecurity enforcement storm

In the middle of the heated debate about the ruling in favour of the scraping of public data in HiQ Labs, Inc v LinkedIn Corp by the Ninth Circuit of the US, the watchdog of China’s cybersecurity enforcement authority has recently shifted its focus to data scrapping activities, and those in the Fintech sector in particular

Australia’s Digital Platforms Inquiry: the spotlight remains on digital platforms markets

By Angela Flannery. Australia’s Digital Platforms Inquiry: the spotlight remains on digital platforms markets

Lessons from recent Italian Data Protection Authority decisions issued against Eni Gas e Luce and TIM

Almost two years after the full applicability of the GDPR, the Italian Data Protection Authority has sanctioned two operators, Eni Gas e Luce and TIM. The fines were raised in connection to absence or inadequacy of business operating procedures concerning the processing of clients’ data for marketing purposes

Spectrum management issues towards the deployment of 5G in Chile

By Alfonso Silva and Matías Osses. Spectrum management issues towards the deployment of 5G in Chile.