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China: Cybersecurity Provisions in Proposed or Recently Passed Laws

(Aug. 25, 2015) China’s legislature is considering passage of a comprehensive cybersecurity law. The proposed law on counterterrorism and two other recently passed laws also contain notable cybersecurity provisions. Some of the key features of the provisions are outlined below. The telecommunications regulations governing telecommunications companies (including Internet service providers (ISPs)), which were amended in […]

Germany: Parliament Debates Data Retention Act

(June 18, 2015) On June 12, 2015, the German Bundestag (parliament) debated in a first reading a draft Data Retention Act. (Entwurf eines Gesetzes zur Einführung einer Speicherpflicht und einer Höchstspeicherfrist für Verkehrsdaten [Draft Act on Introducing a Requirement to Store Traffic Data and a Maximum Retention Period], DEUTSCHER BUNDESTAG: DRUCKSACHEN UND PROTOKOLLE [BT-Drs.] 18/5088 […]

Israel: Jurisdiction over Suits Involving Provision of Services to Israeli Customers via Internet by International Corporations

(June 16, 2015) On May 31, 2015, Israel’s Central District Court approved the filing of a class action suit against PayPal Corporation for requiring Israeli customers wishing to transfer foreign currency to Israeli bank accounts managed in foreign currency to first change the foreign currency to Israeli currency and pay a commission for the procedure. […]

Netherlands: Court Strikes Down Data Retention Law

(Mar. 23, 2015) On March 11, 2015, the district court of The Hague in the Netherlands struck down the country’s 2009 Telecommunications Data Retention Act (TDRA), which requires telephone and Internet service providers to save the traffic and location data of their users for 12 months. The court ruled that the Act violates the right […]

Australia: Committee Report on Data Retention Bill Released

(Mar. 4, 2015) On February 27, 2015, the Australian Parliamentary Joint Committee on Intelligence and Security (PJCIS) released an advisory report on the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014 (Advisory Report). (PJCIS,Advisory Report on the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014 (Feb. 2015), Parliament of Australia website.) Data Retention […]

France: Law on Public Exposure to Electromagnetic Waves Adopted

(Feb. 5, 2015) The French parliament recently adopted a law regulating public exposure to electromagnetic waves. (Proposition de loi relative à la sobriété, à la transparence, à l’information et à la concertation en matière d’exposition aux ondes électromagnétiques, Texte définitif [Proposed Law on Sobriety, Transparency, Information and Consultation on Exposure to Electromagnetic Waves, Final Text], […]

Mexico: Senate Committees Approve Draft Legislation to Protect Children

(Oct. 6, 2014) Draft legislation to enhance legal protections of children by amending the General Law of the Rights of Children and Adolescents was approved unanimously on September 25, 2014, by six committees of the Federal Senate. The legislation was drafted by the Mexican Executive Branch under President Enrique Peña Nieto, but it was significantly […]

China: Pricing of Telecommunications Services Now Market-Based

(Aug. 19, 2014) On July 29, 2014, China’s State Council promulgated an amendment to the Telecommunications Regulations, allowing prices for telecommunications services to be determined by the market instead of by the government. (Guowuyuan Guanyu Xiugai Bufen Xingzheng Fagui de Jueding [Decision of the State Council on Amending Several Administrative Regulations] (State Council Decision), State […]

Court of Justice of the European Union: Decision Upholds Right to Have Personal Data Erased

(May 21, 2014) On May 13, 2014, the Grand Chamber of the European Court of Justice (ECJ) delivered its judgment in a case involving a Spanish national and Google Inc., in which it upheld the request of the Spanish national to order Google to withdraw personal data related to him and to prevent further access […]

Sweden: Data Retention No Longer Required of Telecom Companies

(Apr. 24, 2014) Following the April 8, 2014, verdict of the Court of Justice of the European Union invalidating the European Data Retention Directive, the Swedish oversight authority Post-och Telestyrelsen (PTS) announced on April 10, 2014, that it will not take actions against operators that stop collecting data. (Press Release, Judgment in Joined Cases C-293/12 […]