Already an IBA member? Sign in for a better website experience
The IBA’s response to the war in Ukraine
Co-Chair
Laurent De Muyter
Co-Chair
Vittorio Noseda
Communications Law Committee
The Communications Law Committee is a leading global forum for legal practitioners with specialist expertise or interest in the communications sector.
About the Committee
The Communications Law Committee is a leading global forum for legal practitioners with specialist expertise or interest in the communications sector.
The Committee offers members access to a worldwide network of leading practitioners, in-house counsel and regulators active in digital, communications and media markets.
We encourage the sharing of sectoral expertise through regular publication of articles, periodic issues of our technical journal, the annual committee conference hosted jointly with IBA Antitrust Section, and specialised sessions at the IBA Annual Conference.
The scope of the Committee’s work covers network, service and content-related developments across all delivery platforms. This provides members with access to practical global perspectives on the array of technological, commercial and policy issues which confront communications lawyers, their companies and clients.
- • A comparative review of functional separation as a structural remedy in telecommunications markets around the world;
- • the regulatory implications of local access fibre deployments and the impact on the business models of network operators and service providers;
- • the risks and opportunities for operators looking to capitalise on investment in IP-based platforms by moving down the value chain into a fragmented media marketplace;
- • the unique character of emerging and developing communications markets and what this means for transactions, opportunities and regulatory policy in those markets;
- • regulatory issues associated with market developments such as fixed-mobile substitution, Voice over Internet Protocol (VoIP), Video on Demand (VoD) and Television over Internet Protocol (IPTV), user-generated content, digital switchover, mobile broadband and unified communications;
- • the new and important legal developments occurring in communications markets at the interface between regulation, antitrust and the web; and
- • the function of global standards (including the evolution of new wireless and IP standards) and the function and regulation of standards bodies.
Committee Activities
The Committee organises many activities throughout the year, providing members with invaluable opportunities to keep abreast of the latest developments in communications and digital law, share practical insights, and network with in-house and private practice lawyers as well as with regulators.
Annual Communications and Competition Law Conference
In cooperation with the Antitrust Section, the Communications Law Committee organise the very popular annual Communications and Competition Law Conference, which is a two-day conference addressing regulatory and industry developments in the areas of communications and antitrust law.
A hallmark of the conference is that it provides a forum for industry regulators, thought leaders and leading practitioners to discuss how they see communications and antitrust law evolving to address topical issues such as infrastructure sharing, internet of things (loT), 5G rollouts, ‘virtual’ competition issues raised by the digital economy and consolidation as well as antitrust challenges in dealing with new technology players.
The conference has been highly popular, and in 2019 we celebrated the 30th anniversary of its inauguration.
Annual IBA Conference
The Committee hosts various panel sessions on communications law issues and lead, chair, contribute or participate in sessions with other committees at the 2020 IBA Annual conference in Miami, with topics including the signature ‘round-the-tables’ event.
We have established working groups focused on particular topics for members to be more involved in areas of their specialisation and interest, so they may discuss and interact with peers on emerging issues and also support engagement with members at meetings, conferences and in other initiatives.
We have two working groups covering the following topic areas:
Digital Economy & Communications
This working group focuses on the legal and regulatory challenges raised by the digital economy (AI, algorithms, blockchain, etc). It also focuses on the evolution of the internet value-chain and the increased competition stemming from (and potential regulation of) platforms, tech and data companies.
- Regulating the Disruptors? Shaping EU Communications and Media Regulation and EU Competition Policy in a New Digitalised Era
A report on the status of the regulation of the digital economy in the EU. April 2019.
Data & Communications
This working group focuses on the intersection of the regulation of data and communications. It covers issues such as privacy for communications, Big Data, access to data and communications, personal/non-personal data regulation, cybersecurity and the free flow of data/data localisation.
- Data localisation guide: A report on global data isolationism
The purpose of this publication is to provide a tool comparing the data localisation regimes that exist in various countries around the world.
The Committee is involved in the Intellectual Property, Communications and Technology Law Section programme for planning a scholarship for a young lawyer with a topical subject.
The Committee are proud to also be involved in many important IBA projects such as the United Nations sponsored UN-GGIM Project on Global Geospatial Information Management and the IBA Task Force on Government Access to IT Systems.
Publications
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
Covid-19 pandemic: Communications Law Committee survey responses
April 2021: The IBA Communications Law Committee has published the initial results from its global survey exploring tracking mobile applications and data protection in the context of the Covid-19 pandemic. The results and associated commentary can be downloaded below.
Even as the much needed rollout of vaccines progresses, and we enter a world of 'vaccine passports', contact tracing will remain a critical aspect of government efforts to contain the pandemic. Therefore the IBA Communications Law Committee will continue to update the survey results and commentary over time. Members are encouraged to continue participating by reporting on the Covid-19 tracing apps and data protection issues relevant to your country.
Film
Brendan Carr, Commissioner of the Federal Communications Commission - keynote address
Brendan Carr, Commissioner of the Federal Communications Commission, addresses delegates of the 30th Annual IBA Communications and Competition Conference, April 2019, Milan
Subcommittees and other groups
The Communications Law Committee also coordinates the activities of the following subcommittees/working groups.
- Communications Law Committee Advisory Board