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Italy – its unusual route towards a ‘single ultra broadband network’

A robust broadband infrastructure is vital for a country’s economic growth and technological advancement. With this in mind, the Italian Government has set the objective of ensuring broadband internet access for every household.

Released on Sep 21, 2023

Fair share: what stage is the European legislative proposal on the internet tax at?

The European ‘fair share’ debate is certainly one of the ‘telecommunications’ hypes of 2023, and so far has created an incredible mass of work for consultants, lobbyists and conference organisers. This subject has become an absolute priority for the largest European telcos, assuming a very important role in the digital agenda of the European Commission lead by commissioner Thierry Breton, former Chief Executive Officer of Orange, the French telecom incumbent.

Released on Sep 13, 2023

Chile: The implications and pending challenges of recent cybersecurity regulations in Chile

This article seeks to address the cybersecurity bill currently being discussed in the Chilean Congress, identifying its main innovations and pending issues.

Released on Jul 24, 2023

Navigating the maze: implications of the EU’s AI Regulatory Framework for the electronic communications sector

: The proposed AIA and the proposals of the PLD II and AI Liability Directives of the European Commission will significantly impact AI systems within the electronic communications sector. This article examines key components of the impending AI Regulatory Framework and its potential effects on the electronic communications sector.

Released on Jul 24, 2023

M2M and IoT – similarities, differences and the European Regulatory Framework

M2M communications and IoT technologies are revolutionising connectivity between devices, offering smart solutions and creating new market opportunities. However, ensuring regulatory compliance, robust security measures and adequate contractual design are essential to maximise their benefits and mitigate potential risks.

Released on Jul 24, 2023

Regulation of digital platform services in Australia: tracking the European Union

In recent years, Australia has, similarly to the European Union and many other jurisdictions, shone a regulatory spotlight on the practices of digital platforms. This article looks at the steps Australia has taken – and is proposing to take – to regulate those platforms, including through the introduction of equivalent laws to the European Union’s Digital Markets Act (DMA) and Digital Services Act (DSA).

Released on Jul 24, 2023

Data privacy and protection in Pakistan

The dynamic adoption of technology has made the transfer and storage of private and personal data convenient, as the majority of transactions are now generated electronically. The exchange of data through such means has globally pushed for regulation of the collection, handling and processing of personal data and information in order to ensure its privacy and protection.

Released on Jul 24, 2023

Internet regulation – legislative proposals in Brazil

Digital Market Act- and Digital Services Act-like bills of law are being discussed in the Brazilian National Congress. At the same time, the Brazilian Supreme Federal Court is close to ruling the leading case on a platform’s liability for user-generated content.

Released on Jul 24, 2023

Cybersecurity in the electronic communications sector in Europe: navigating the digital frontier

In an era where digital has become the cornerstone of human society, cybersecurity has encountered unprecedent focus. Recognising the importance of ensuring security and the specific challenges of the electronic communications sector, the European Union has been establishing a robust legal framework, demanding a proactive and evolving approach against increasing and evolving cyber threats. However, cybersecurity is not a static field and, with technology continually advancing, this legal framework is constantly evolving, posing challenges to organisations.

Released on Jul 24, 2023

In search of a definition for private electronic communications networks (ECN) and non-publicly available electronic communications services (ECS)

The deployment of 5G network-based solutions and the increasing use of IoT technologies (in multiple fields, from healthcare to smart cities, industry and agriculture) have driven the demand for private connectivity systems. Despite establishing different regimes, the EU Electronic Communications Code (EECC) does not clearly distinguish between publicly accessible and non-publicly accessible electronic communications services.

Released on Jul 24, 2023

The Data Act: new EU rules for data sharing

The European Union‘s strategy for data, aims at creating a single market for data that will allow it to flow freely within the EU and across sectors for the benefit of businesses, researchers and public administrations. The free movement of data is defined as the ‘five freedoms’ of the European market. In this context, on 23 February 2022 the European Commission published its proposal for a regulation on harmonised rules on fair access to and use of data.

Released on Oct 14, 2022

Communications Law Committee (CLC) – Message from the Chairs – October 2022

Released on Oct 14, 2022

Around the world – developments, trends and news impacting the communications sector*

A collection of developments, trends and news impacting the communications sector around the world.

Released on Oct 14, 2022

The Communications Commission's Licensing Framework for the Establishment of Mobile Virtual Network Operators in Nigeria: a review

This article gives an overview of the recently published Licensing Framework for the Establishment of Mobile Virtual Network Operators (MVNOs) in Nigeria. The Framework provides for a four-tier system, while a fifth-tier unified virtual operator may decide the level of service it desires to offer from tiers 1 to 4. The conditions of all five tiers are outlined in brief.

Released on Jun 20, 2022

The history and fundamentals of Turkish data protection law

This article considers the history and fundamentals of Turkish data protection law.

Released on Jun 20, 2022

Considerations regarding the potential refarming process for the 3.5 GHz band in Chile

This article argues that a potential refarming of frequency bands in the 3.4-3.6 GHz range in Chile should only be carried out following an in-depth analysis by the state’s telecom regulator, as it might involve a series of exceptional measures that could affect the telecom market structure and the rights and obligations of telecom concessionaires.

Released on Jun 20, 2022

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 emphasis 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 (