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IRIS 2020-10:1/2 [GB] ICO targets companies for seeking to illegally make profit from the current public health emergency

On 24 September and 8 October 2020, the Information Commissioner’s Office (ICO), the United Kingdom's independent body established to uphold information rights, imposed fines on two companies for sending thousands of nuisance marketing texts and unlawful marketing emails at the height of the current pandemic. In September 2020, Digital Growth Experts Limited (DGEL) was issued with a monetary penalty of GBP 60 000 in relation to a serious contravention of Regulations 22 and 23 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR). The PECR provide for specific...

IRIS 2020-9:1/15 Report and Study on the Memorandum of Understanding on online advertising and intellectual property rights

On 14 August 2020, the European Commission published a Report and Study on the functioning of the Memorandum of Understanding on online advertising and intellectual property rights (MoU). The MoU is a voluntary agreement facilitated by the European Commission designed to limit advertising on websites and mobile applications that infringe copyright or disseminate counterfeit goods, signed by 28 advertisers, advertising intermediaries and associations in 2018 (see IRIS 2018-2/7). The MoU contains commitments, for example, that signatories undertake reasonable measures to minimise the placement of...

IRIS 2020-8:1/5 [CZ] Broadcasting Council punished unfair commercial practice

The Council for Radio and Television Broadcasting of the Czech Republic, as the central regulatory authority, imposed a fine on Emporia Style Kft. on 5 May 2020 for deceptive advertising on a teleshopping channel. The company was found guilty in accordance with the provisions of Article 8a, paragraph 2b of Act No. 40/1995 Coll. of a violation of the provisions of Article 2, paragraph 1b of Act No. 40/1995 Coll. for commissioning broadcasting slots for the Gallery programme of teleshopping broadcaster Klenot TV on 16 July 2019. Under the provisions of section 4, paragraph 3 of Act No. 634/1992...

IRIS 2020-7:1/8 [PT] State takes exceptional measures for media and culture during COVID-19 crisis

On 19 May 2020, the Council of Ministers of Portugal approved a Resolution (Resolução do Conselho de Ministros nº 38-B/2020) establishing an exceptional and temporary measure involving the acquisition of advertising space for the diffusion of institutional actions, within the scope of the COVID-19 pandemic. According to the Council of Ministers, the current pandemic has significantly increased the state's need for institutional advertising, namely in respect of hygiene and containment measures - that citizens are expected to follow. The need for institutional communication,...

IRIS 2020-6:1/7 [NL] Minister establishes funding scheme for local public broadcasters during COVID-19

On 7 April 2020, Dutch Minister of Education, Culture and Science Arie Slob allocated EUR 11 million to help local public broadcasters and local newspapers left in need because of the COVID-19 crisis. To prevent people from being deprived of information, local broadcasters and newspapers will receive between EUR 4 000 and EUR 10 000 from a temporary support fund. The amount received will depend on their circulation and outreach. Local media is often dependent on advertising revenues, which, due to the COVID-19 pandemic, have been significantly reduced. For local media, this is difficult to...