EU does not plan a new data retention law
Tue 17 Mar 2015, 15:13

The European Commission will not introduce a new law requiring telecom companies to store the communications data of European Union citizens for security purposes, the EU home affairs commissioner said on Thursday.

Turkey has passed a new law for website blocking
Tue 24 Mar 2015, 10:20

Turkey has passed a new law that allows the government to close a website. The Internet Service Providers have to comply in just 4 hours. The judiciary is authorized to intervene only ex post.

Czech Republic: A new law on cybersecurity came into force
Thu 1 Jan 2015, 14:02

Act 181/2014 on cybersecurity came into force on the 1st of January 2015. The law aims at making the country more resilient against cyber threats and attacks on important ICT infrastructures. The system for ensuring cyber security consists of: security measures, reporting of cyber security incidents, preparation of countermeasures, reporting of contact details and monitoring activities of supervising authorities. Both the law and related regulation define critical information infrastructures and important information systems. Operators of such infrastructures and systems, who can be either government as well as private organisations, must now comply with sets of rules and obligations. The law also introduces the term of “state of cyber emergency”.  The main control function will be performed by the Czech National Security Authority via Government CERT, which was established in 2011.

Dutch Parliament adopts data breach notification obligation and increases fines
Tue 26 May 2015, 13:00

The Dutch Senate passed a new law adding a new provision article 34.a to the Dutch data protection law Wet Bescherming Persoonsgegevens, which introduces an obligation to notify the Dutch DPA ‘without delay’ in case of a data breach and the related data subjects, broadens the powers of the Dutch DPA with significantly higher fines for a wide range of privacy violations, sets out the exemption conditions for data breach duty on taking active measures to make the such data incomprehensible and inaccessible, and changes the name of Dutch DPA to Autoriteit Persoonsgegevens (Personal Data Authority).

France approves surveillance bill despite UN concerns
Fri 31 Jul 2015, 14:00

The constitutional council approved the surveillance bill, a law that gives new spying powers to intelligence agencies. The Socialist government justified the bill, which allows intelligence agencies to tap phones and emails, and hack computers without permission from a judge, in the wake of terrorist attacks in Paris in January. The bill was passed in June by an overwhelming number of French MPs, despite opposition from green and far-left parliamentarians and human rights activists.

In a report published on Friday, the 18-strong United Nations committee for human rights warned that the surveillance powers granted to French intelligence agencies were “excessively broad”.

The new French law targeting "automated image referencing services": does EU law allow it?
Sun 23 Oct 2016, 11:40
Earlier this year France adopted Loi No 2016-925 on freedom of creation, architecture and cultural heritage which - among other things - introduced new provisions to regulate the exercise of the exclusive rights of reproduction and representation vis-à-vis automated image referencing services.
As explained by Brad Spitz in a post published on the Kluwer Copyright Blog, "the new provisions will apply to ‘automated image search services’, which Article L.136-1 IPC defines as any online public communication service that reproduces and makes available to the public for purposes of indexing and SEO, plastic, graphic or photographic works, collected in an automated way from online public communication services (i.e. internet websites). In other words, these provisions target search engine services like Google Images." Spitz also adds that Article L.136-1 IPC specifies that the images have to be ‘reproduced and made available’ by the image search services. This suggests that an act of reproduction is needed in order to trigger the entire mechanism envisaged by Loi No 2016-925. Lacking reproduction, no permission would be needed.

But: permission from whom? Article 136-2(1) CPI answers that, by saying that the publication of a plastic artwork, graphic or photographic work by an online communication service will be now subject to the consent - not of authors - but rather one or more collecting societies appointed to this end by the French Ministry of Culture.