Regulatory Timeline: Digital

“All eyes are on the EU Commission’s Digital Single Market initiative, which has the potential to revolutionise the digital landscape across Europe – and not always in the way that businesses would like it to. It is ambitious in scope, not to mention controversial. Although unlikely to result in any “internet speed” laws, for much of the next 12 months it will be a case of being alert for new developments in this fast moving and constantly evolving area.”

2015 / 2016 – EU Digital Single Market Strategy

At the time of writing there are currently eight open consultations on or linked to the Digital Single Market (including platforms, geo-blocking, AVMS reform, telecoms reform and SatCab reform) and one, on e-commerce, has closed already. The European Commission will be using the information gathered during the consultation stage to feed into its proposals in each of these areas. For more information see our dedicated hub here.

2016 – Net Neutrality 

In June 2015, the Commission, Council and Parliament reached agreement on a Regulation to enshrine net neutrality into EU law. The Net Neutrality Regulation is designed to ensure that users have access to online content and services without discrimination or interference by internet service providers. All internet traffic must be treated equally, subject to limited exceptions. The Net Neutrality Regulation is expected to come into force on 30 April 2016.

This forms part of the EU’s wider reform of the EU telecoms regime, which includes the end of international roaming charges in June 2017.

2016 – Balance of payments between television platforms and public service broadcasters

The Department of Media, Culture and Sport (“DCMS”) has consulted on the regulatory environment between television platforms and public service broadcasters.

DCMS has questioned whether certain areas of regulation are still required including:

• ‘must carry’ and ‘must offer’ obligations;
• EPG regulations; and
• cable retransmission rights.

The consultation closed on 30 June 2015, but a date has not been published for the conclusion of the consultation.

1 July 2016 – New Regulation on cross-border electronic signatures takes effect

Regulation 910/2014 on Electronic Identification and Trust Services for Electronic Transactions in the internal market replaces the existing E-Signatures Directive (Directive 1999/93/EC). The European Council believes that the failure to make greater use of electronic signatures within the framework of an independent certification system has hindered the creation of a fully integrated digital single market. It remains to be seen whether the new Regulation and related initiatives will result in greater use of electronic certification facilities.

With some exceptions, the new Regulation will apply from 1 July 2016.

1 December 2016 – BBC Royal Charter

The BBC’s Royal Charter is up for renewal at the end of 2016.

31 December 2016 – Data Retention and Investigatory Powers Act

The Data Retention and Investigatory Powers Act (“DRIP”) was rushed through in July 2014 as a temporary measure, with a sunset clause for its expiry by the end of 2016. The Government will need to consider before then what measures it intends to put in place to replace DRIP.

The Government also intends to review the Regulation of Investigatory Powers Act.