Francesco Liberatore

Burn After Reading is a black comedy spy movie by the Coen brothers. It could also be an extreme encapsulation of the core of data retention rules applicable to communications providers: data should only be kept for as long as:

  • There is an administrative need to keep it to carry out your business or support functions (e.g. billing); or
  • It is required to demonstrate compliance for audit purposes or for legislative requirements (e.g. in case of an order to intercept communications for law enforcement).

Continue Reading Burn After Reading… Data Retention Compliance

The Digital Markets Act, Regulation (EU) 2022/1925 was published on 12 October 2022 in the Official Journal of the EU.

Despite the mounting controversy around the DMA and its interplay with existing EU competition and privacy rules, the DMA establishes far-reaching obligations and prohibitions for large online platforms that act as ‘gatekeepers’ who will be facing stringent compliance requirements under the rules.

Continue Reading DMA: EU Publishes The New Digital Markets Act

There is increasing public pressure on internet companies to intervene with content moderation, particularly to tackle disinformation, harmful speech, copyright infringement, sexual abuse, automation and bias, terrorism and violent extremism. The new UK Online Safety Bill (as introduced in the UK Parliament on 17 March 2022) is the British response to such public demand.
Continue Reading Online Safety in Digital Markets Needs a Joined Up Approach with Competition Law in the UK

The continuing evolution and advancement of digital communications around the world, from software-defined networking in a wide area network to over-the-top media services, has created significant business opportunities and advantages across borders. In response to such evolution and advancement, regulators around the world are reviewing their existing telecom regulation to see if it is still fit for purpose in this converging digital environment.

The EU has been leading the charge with the implementation of the European Electronic Communications Code (EECC) and elsewhere, several other jurisdictions outside the EU have reviewed or are looking to review their current regulatory approach to bring it in line with the new definitions contained in the EECC. Therefore, ensuring compliance with the code and other applicable communications laws will be a key theme for 2022.
Continue Reading Digital Communications Market Access Tool Launched on a Free Trial Basis

One of the main issues facing the enforcement of competition laws, and corresponding compliance efforts, in digital markets is the inherent global nature of the conduct of digital markets players. As the OECD noted in this respect, “Governments may need to enhance co-operation across national competent agencies to address competition issues that are increasingly transnational in scope or involve global firms.” Against this backdrop, the US, EU and UK competition agencies have recently issued joint statements to re-affirm their commitment to cooperate in this area. This blog post provides a short commentary and shows that… there is more in those statements than meets the eye.
Continue Reading Transatlantic Cooperation and Enforcement in Digital Markets