1. What has the Competition and Markets Authority (CMA) announced?
On January 27, The UK’s competition regulator, the CMA, has formally launched a market study into music streaming; see its Market Study Notice.
The market study will look at whether competition in the music streaming value chain is working well for consumers. It will focus on three key areas: competition among music companies; competition among music streaming services; and the impact on competition of agreements between music companies and music streaming services. (more…)
As data breaches become more common, increased public attention on privacy has led to a flurry of state-level activity on the issue. With a federal privacy bill languishing in Congress, the states have taken the lead. California, Colorado, and Virginia have all passed comprehensive privacy laws in the past three years. In 2021, an additional twenty-one states considered a comprehensive privacy bill.
Considering the serious risk of fragmentation that could arise from dozens of distinct privacy statutes, the Uniform Law Commission has proposed a model bill – the Uniform Personal Data Protection Act (“UPDPA”). The Uniform Law Commission’s model bills, such as the Uniform Commercial Code, are often influential in the development of state laws. The UPDPA will be available for states’ 2022 legislative sessions, with a bill having already been introduced in the District of Columbia.
If adopted, the UPDPA offers a more business-friendly framework than many of the existing and proposed state privacy laws. (more…)
On November 10, 2021, the European General Court (Court) issued its judgment in Case T-612/17 Google and Alphabet v Commission (Google Shopping).
The Court dismissed almost in its entirety the action brought by Google and Alphabet against the decision by the European Commission (Commission) of June 27, 2017, which found that Google had abused its dominant market position by favoring its own comparison shopping service (CSS) on its general results pages while demoting the results from competing CSSs. The Court also upheld the fine of €2.42 billion imposed on Google by the Commission. The judgment can be appealed to the Court of Justice of the European Union (CJEU). (more…)
On November 9, 2021, the U.S. Securities and Exchange Commission (SEC) Division of Examinations (EXAMS) released a risk alert (Risk Alert) concerning deficiencies it observed in its examinations of advisers providing electronic advisory services, including advisers known as “robo-advisers.”1 Those deficiencies were in the areas of the robo-advisers’ compliance programs, portfolio management practices (including advisers’ fiduciary obligations), and marketing/performance advertising. (more…)
On October 19, 2021, Sidley partner Alan Raul engaged in a fireside chat with Julie Brill, Corporate Vice President, Chief Privacy Officer, and Deputy General Counsel of Microsoft at the Reuters Events’ Legal Leaders 2021 Conference. (more…)
This summer, the Federal Trade Commission (“FTC”) hosted its sixth annual PrivacyCon, an event focused on the latest research and trends related to consumer privacy and data security. This years’ event was divided into six panels: Algorithms; Privacy Considerations and Understandings; Adtech; Internet of Things; Privacy-Children and Teens; and, Privacy and the Pandemic. Welcoming attendees and kicking off the event, Commissioner Rebecca Kelly Slaughter called for minimization of data abuses and for a move away from the notice and consent model of privacy in favor of data minimization. PrivacyCon topics are selected by the FTC and often seen as an indication of enforcement priorities. (more…)
On August 20, 2021, China’s National People’s Congress passed the Personal Information Protection Law (PIPL), which will become effective starting November 1, 2021. As an overarching law in China with respect to data privacy, PIPL shares many similarities with the EU General Data Protection Regulation (GDPR). If a company has already been GDPR compliant, its data privacy compliance system can basically work in China, while certain localizations are necessary in response to unique requirements under PIPL. In particular, a company should pay attention to the following differences between PIPL and GDPR:
In recent weeks, Connecticut passed An Act Concerning Data Privacy Breaches (“The Act”), and the Uniform Law Commission approved and recommended the Uniform Personal Data Protection Act (“UPDPA”). With the growing patchwork of state data privacy laws continuing to pose challenges for compliance—and the potential for federal data privacy legislation at the forefront of policy debates—the UPDPA may provide state legislators with a path toward a standardized statutory scheme.
With the U.S. Congress continuing to stymie federal omnibus privacy legislation, states have decidedly taken up the call. Most recently, on July 8, 2021, Colorado Gov. Jared Polis signed into law Senate Bill 21-190, the Colorado Privacy Act (CPA). With the signing of the CPA, which will largely go into effect on July 1, 2023, Colorado became the third state to enact comprehensive privacy legislation following the California Privacy Rights Act (CPRA) and the Virginia Consumer Data Protection Act (VCDPA). Other states have taken a more limited approach, most notably Nevada, which increased the scope of the right to opt out of personal data sales under its targeted privacy law.
Two years after the UK Government first put forward its intention to introduce a new regime to address illegal and harmful content online, the UK Government published the Online Safety Bill (“Bill”) on 12 May 2021. The Bill imposes duties of care on providers of digital services, social media platforms and other online services to make them responsible for content generated and shared by their users and to mitigate the risk of harm arising from illegal content (e.g., by minimising the spread of such content). The Bill also aims to ensure that users are able to express themselves freely online and requires platforms to consider the importance of freedom of expression when fulfilling their duties.