Latest updates

Proposed Film Act revision: investment obligation for online film providers and quotas for European films
Walder Wyss
  • Switzerland
  • 22 January 2021

The Film Act is under revision, with major implications for online film providers. Under the revised act, companies that show films in Switzerland in their programmes or as 'electronic services on demand or by subscription' (ESDS) must use at least 1% of their gross revenues to invest in independent Swiss film productions or pay a compensation fee. In addition, companies offering films in Switzerland as ESDS must allocate a minimum of 30% of their platform capacity to European films.

Ministry of Commerce to launch pilot programme on cross-border data transfer security management
AnJie Law Firm
  • China
  • 22 January 2021

In August 2020 the Ministry of Commerce issued the Master Plan for Comprehensively Deepening the Pilot Programme on the Innovative Development of Trade in Services. The plan covers 28 provinces and municipalities directly under the central government, including Beijing, Tianjin and Shanghai. The pilot programme, which concerns cross-border data transfer security management, will run for three years.

Cash rebate and tax relief for production of audiovisual works
A & K Metaxopoulos & Partners Law Firm
  • Greece
  • 15 January 2021

In recent years there has been a remarkable effort to make Greece an attractive destination for the production of audiovisual works (eg, films, TV series and video games). The most important initiatives in this respect are the cash rebate state aid scheme, which covers 40% of eligible production costs, and the tax relief incentive, which covers 30% of eligible production costs.

Draft law on tax benefits for activities dedicated to scientific and technological innovation
Rato, Ling, Lei & Cortés Advogados
  • Macau
  • 15 January 2021

The government has issued a draft law on tax benefits for undertaking activities dedicated to scientific and technological innovation. This draft law is a consequence of the Macau Special Administrative Region Policy Address for the Fiscal Year of 2019, particularly in relation to innovation in the areas of technology and smart-city development, and aligns with the goal of transforming the Guangdong-Hong Kong-Macau Greater Bay Area into an international centre of science, technology and innovation.

Federal Council in favour of requiring critical infrastructures to report cyberattacks
Walder Wyss
  • Switzerland
  • 15 January 2021

The Federal Council recently tasked the Department of Finance with drafting a bill which will introduce a cyberattack notification obligation for operators of critical infrastructure. The draft will appoint a central reporting office and provide uniform criteria for all sectors in order to clarify how the reporting procedure would work. This step forward represents a key point of implementation of the national strategy for the protection of Switzerland against cyber risks.

Draft Guidelines on the Construction of a Data Security Standards System in the Telecoms and Internet Industries
AnJie Law Firm
  • China
  • 15 January 2021

In 2020 the Ministry of Industry and Information Technology issued the Guidelines on the Construction of a Data Security Standards System in the Telecoms and Internet Industries for public comment. According to the draft guidelines, the data security standards system for telecoms and internet industries comprises four categories: basic and general standards, critical technology standards, security management standards and critical field standards.

Method for evaluating security protection capabilities of critical information infrastructure
AnJie Law Firm
  • China
  • 08 January 2021

In August 2020 the National Information Security Standardisation Technical Committee issued the Information Security Technology – Method for Evaluating the Security Protection Capabilities of Critical Information Infrastructure (Draft for Comment) for public comment. According to the draft method, the evaluation of the security protection capabilities of critical information infrastructure will focus on capability domain level, graded protection and cryptography.

Revised telecoms legislation enters into force
Walder Wyss
  • Switzerland
  • 08 January 2021

Parliament recently revised the federal telecoms legislation – in particular, the Federal Telecommunications Act and its various implementing ordinances. These revised regulations entered into force on 1 January 2021. The revision of the telecoms legislation brings about several fundamental changes that affect consumers as well as telecoms service providers and telecoms operators.

European Union recommends measures to be taken for use of technology and data to combat COVID-19
Eversheds Sutherland (International) LLP
  • European Union
  • 18 December 2020

In April 2020 the European Commission issued Recommendation 2020/518 on establishing a common EU toolbox for the use of technology and data to combat the COVID-19 crisis, particularly with regard to mobile apps and the use of anonymised mobility data. The recommendation sets out a process to develop a common approach – a so-called 'toolbox' – in the European Union using the most innovative digital means to address the health crisis.

Cybersecurity: overview of relevant legislation
Macesic & Partners
  • Croatia
  • 18 December 2020

The Croatian cybersecurity system is a cross-sectorial complex network of institutions and regulations in constant development but aligned with the requirements acquired through the country's membership of the European Union and the North Atlantic Treaty Organisation. From a legal perspective, various cybersecurity matters are covered by several relevant acts, each addressing different issues within its scope. This article explores this legislation.

Consultation on proposed method of boundary identification for critical information infrastructure
AnJie Law Firm
  • China
  • 18 December 2020

In August 2020 the National Information Security Standardisation Technical Committee released the Information Security Technology – Method of Boundary Identification for Critical Information Infrastructure (Draft for Comment) for public opinion. The draft provides six factors that should be considered when identifying the boundaries of critical information infrastructure: critical business, network facilities, information systems, critical business information, critical business information flows and basic operation environments.

Newly proposed amendments to data processing operations
Gorodissky & Partners
  • Russia
  • 11 December 2020

A recently introduced draft law aims to clarify the Personal Data Law's data processing procedures. If the draft law is adopted into law, businesses acting as data operators will need to review their data protection documents (ie, consent documents), technical security measures and data processing activities and revise them to be compatible with the proposed amendments and the Federal Service for Supervision of Communications, Information Technology and Mass Media's requirements.

What you need to know about the new Telecoms Act
Shay & Partners
  • Taiwan
  • 11 December 2020

The new Telecoms Act came into effect on 1 July 2020. The licences of incumbent telecoms operators will expire on 30 June 2023 if not earlier on their registration with the National Communications Commission (NCC). While the Taiwan telecoms regulatory regime is switching from heavy-handed regulation to light-touch administration as the NCC claims, the NCC has published a guideline on the registration of telecoms service providers and responses to FAQs on its official website.

New requirements for film and video game platforms under proposed youth protection legislation
Walder Wyss
  • Switzerland
  • 11 December 2020

The Federal Council recently submitted to Parliament the draft and corresponding dispatch of the new Federal Act on the Protection of Minors in respect of Films and Video Games. Age labelling and age controls for films and video games will be uniformly stipulated throughout Switzerland and made mandatory for films and video games available at public events, through on-demand services and on physical storage media such as tapes, disks or sticks.

Litigation Chamber rules on validity of employee consent under GDPR
AKD
  • Belgium
  • 11 December 2020

The Litigation Chamber of the Data Protection Authority (DPA) recently provided welcome clarifications concerning the validity of employee consent. The DPA decided that the free consent of employees was possible and could be valid if all other conditions of Article 4.11 of the EU General Data Protection Regulation were fulfilled and that the data was collected for a specified and legitimate purpose but the purpose of the processing was not explicit.

Marketing of gambling bonuses
Westerberg & Partners Advokatbyrå Ab
  • Sweden
  • 11 December 2020

In a recent judgment, the Patent and Market Court ruled on the issue of marketing bonus offers pertaining to gambling services in light of the requirement of sufficient information and moderate marketing under Swedish market law. The judgment, which also concerns the issue of sufficient disclosure of age limits and other undue marketing measures, is important as it is the second judgment to deal with gambling marketing since the deregulation of the Swedish gambling monopoly.

NCC grants subsidy to broadcasters and channel operators affected by COVID-19 pandemic
Shay & Partners
  • Taiwan
  • 04 December 2020

Subsequent to the requisition of selected airtime from 213 TV channels and 161 radio stations nationwide since 22 January 2020, the National Communications Commission recently announced its subsidy policy for compensating the direct cost of labour incurred by the operators involved (ie, each TV channel operator will be paid NT$24,000 (approximately $842) per month between 22 January 2020 and 30 June 2021 and each radio station operator will be paid NT$3,000 (approximately $105)).

Guide to the Building of a National Standard Framework for New Generation Artificial Intelligence
AnJie Law Firm
  • China
  • 04 December 2020

The Standardisation Administration and four other government departments recently issued the Guide to the Building of a National Standard Framework for New Generation Artificial Intelligence. The guide requires that the top-level design of AI standardisation should be clarified by 2021 when more than 20 key standards in key general technologies, technologies in key fields and ethics have been preliminarily researched.

Six government agencies call for recommendation of national green data centres in 2020
AnJie Law Firm
  • China
  • 27 November 2020

In August 2020 the Ministry of Industry and Information Technology and five other government agencies issued the Circular on Organising and Implementing the Recommendation of National Green Data Centres. According to the circular, all regions will recommend a batch of well-managed and representative data centres featuring high-energy efficiency and advanced technology in major application fields in accordance with the Evaluation Indicator System for Green Data Centres.

Dashcams – safety versus privacy? The Austrian perspective
Schoenherr
  • Austria
  • 27 November 2020

Dashcams have become increasingly popular in recent years and a built-in dashcam is now the most sought-after feature among car buyers. Buyers' primary motivation is self-explanatory: recorded footage can be used as evidence in case of an accident. However, whether dashcams are incompatible with privacy and data protection law and thus illegal on Austrian roads is a tricky question.

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