Search results : 342

In a ruling of 16 January 2018 (Case no. 446 (M-175) 17, decision no. 21/18), the Audiencia Provincial de Alicante (Alicante provincial court) decided that the use of the RTL media group’s broadcast signals in hotel rooms by the Spanish hotel group NH was illegal. The dispute concerned the provision of access to RTL channels in the rooms at various hotels operated by the companies NH Hoteles Group S.A. and NH Hoteles España S.A. (hereafter ‘NH’), which the plaintiffs, RTL Television GmbH and RTL Disney Fernsehen GmbH & Co. KG (hereafter ‘RTL’), considered unlawful. In its first-instance decision...

On 2 October 2018, the Grand Chamber of the Court of Justice of the European Union (CJEU) delivered a judgment in the Ministerio Fiscal case (C-207/16) concerning the processing of personal data and the protection of privacy in the electronic communications sector. This judgment concerned the interpretation of Article 15(1) of Directive 2002/58/EC (the e-Privacy Directive) - which allows member states to introduce exceptions to the principles of the confidentiality of personal data - read in light of Articles 7 (respect for private life) and 8 (protection of personal data) of the Charter of Fundamental...

On 26 July 2018, the Spanish Comisión Nacional de los Mercados y la Competencia (National Commission of Markets and Competition, CNMC), in two separate decisions, required that two broadcasters, Atresmedia and Mediaset, comply with the principles of Law 7/2010 of March 31 on General Audiovisual Communication (LGCA). Entertainment programmes are subject to a balance between the right to freedom of expression and information (as long as that information is true and correct) and the right of individuals to protect their image, intimacy and honour. Both rights are awarded the same level of protection...

Order 769/2018, of 17 July 2018 - which establishes the regulatory basis of the aid provided for in Law 55/2007 of December 28 on Cinema, and which determines the structure of the Administrative Registry of Cinematographic and Audiovisual Companies (see IRIS 2008-4/18) -has been published in the Official Gazette.   The Order, which stems from the consensus among stakeholders in the cinematic sector - adapts the internal regulations regarding matters of cinematographic and audiovisual aids to reflect the principles established in the EU Communication from the Commission on state aid for films and...

Two years after the transposition deadline (and in order to avoid a penalty already announced by the EU) the Spanish Government recently adopted Royal Decree-Law 2/2018 of 13 April 2018 (official gazette of 14 April 2018), which transposes Directive 2014/26/EU of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market. Royal Decree-Law 2/2018 also transposes into Spanish law Directive (EU) 2017/1564 of 13 September 2017 on certain permitted uses of certain works and other subject matter...