Digital Media

European Commission launches proposals for new regulatory framework for audiovisual media services

The AVMS proposals are part of the announcement of the next major wave of "Digital Single Market" initiatives.  Also announced today were legislative proposals on cross-border parcel delivery, consumer protection co-operation among regulators and geo-blocking – the latter does not apply to geo-blocking of audiovisual services or (at least for the time being) of other electronically supplied services "the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter services". 

In addition to the legislative proposals, there are two non-legislative papers.  The first concerns "online platforms" and discusses issues such as notice-and-action and the need for a level playing field for comparable digital services, but without proposing any immediate actions; the second is revised guidance on unfair commercial practices, seeking to ensure uniform practical application of EU rules in that area.


Commercial Court highlights weaknesses in IBA Guidelines on Conflicts of Interest 2014

W Ltd v M SDN BHD [2016] EWHC 422 (Comm) concerned an application under section 68 of the Arbitration Act 1996 to set aside an award on grounds of apparent bias.  In reaching its decision, the Commercial Court identified what it described as weaknesses in the IBA Guidelines on Conflicts of Interest 2014 (the "IBA Guidelines"), specifically in the drafting of the Non-Waivable Red List.

Sportech VAT victory against HMRC


Sportech has won its £97 million VAT appeal, in respect of its "spot the ball" competitions, against Her Majesty's Revenue and Customs. The Court of Appeal judges arrived at a unanimous decision, which hopefully signals the end of this long running case.  HMRC's application for leave to appeal has recently been turned down by the Court of Appeal.  It is not yet clear whether or not it will appeal directly to the Supreme Court for permission to appeal.



Taking a gamble on customer data - Part 4

In the fourth in Olswang's series of articles relating to data in the gambling sector, we look at the new General Data Protection Regulation, which will take direct effect in EU Member States on 25 May 2018, what gambling businesses need to be aware of in light of the impending changes and what they should consider doing now to prepare. 



Guest Posts


@Olswang's Anna Soilleux provides analysis of the #GDPR and discusses what #gambling businesses need to be aware of