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IRIS 2011-2:1/35 [RO] Draft Law on Electronic Communications

The Autoritatea Naţională pentru Administrare şi Reglementare în Comunicaţii (National Authority for Administration and Regulation in Communications - ANCOM) has drafted a new Law on Electronic Communications and has submitted it for public consultation until 21 January 2011. The amendments became necessary following the review of the European Framework and the main purpose is to implement the new European Directives (see IRIS 2010-1/7). The amendments concern several areas: the general authorisation regime; the radio spectrum and numbering management; end-users’ rights; universal services; measures...

IRIS 2011-2:1/28 [GB] Infringement of Database - Jurisdiction of English Courts

Football Dataco, the “official, general licensing website, for the 4 professional football leagues in the United Kingdom” compiles and maintains football match data in a database called “Football Live”. It is a “live” database and comprises information from UK football matches, such as goals scored, penalties, yellow and red cards and substitutions. Sportsradar is a German company, owned by a Swiss holding company. It also operates a live sports data service, “Sports Live Data”, with the material held on servers hosted in Germany and Austria. It is both accessible from the UK and made available...

IRIS 2011-2:1/23 [ES] Spanish Congress Rejects Controversial Copyright Bill

On 21 December 2010 the Spanish Congress rejected a controversial bill aimed at protecting intellectual property rightsholders from Internet downloaders. All of the main Spanish parties, except for Prime Minister José Luis Rodríguez Zapatero's Socialist Party rejected the so-called Sinde Bill, named after Culture Minister Ángeles González-Sinde. The draft legislation would have set up a government commission which would have then provided courts with details of websites offering access to copyright-protected material, such as music, movies, video games or software. A judge could then have ordered...

IRIS 2011-2:1/22 [EE] Two New Legal Acts in the Media Field

In December 2010 two new legal Acts in the media field were adopted by the Estonian Parliament. First, the Media Services Act replaces the old Broadcasting Act and reconciles Estonian media regulation with the Audiovisual Media Services Directive (AVMSD). Following the spirit of the AVMSD, the Media Services Act in principle takes a more liberal approach to advertising restrictions, while the broadcasting licensing procedure is also simplified. Regarding media regulation, the Media Act encourages a self-regulation model. Only if self-regulation fails, are executive powers invited to exercise their...

IRIS 2011-2:1/17 [DE] Interior Ministry Tables Data Protection Amendment

The Bundesministerium des Innern (Federal Ministry of the Interior - BMI) tabled a bill amending data protection law on 1 December 2010. The bill particularly included measures to prevent serious breaches of privacy. According to the ministry, the bill, which was initially submitted to the department ministers for a federal government vote, is mainly designed to strengthen the right of individuals to decide how their personal data is used on the Internet. For this reason, a new Article 38b is to be included in the Bundesdatenschutzgesetz (Federal Data Protection Act - BDSG), regulating the publication...