Dear colleague
It has been a very challenging year for all of us - and a terribly busy one. We’ve really missed seeing you at our regular meetings and Assemblies and all the opportunities we would normally have to share and exchange experiences and knowledge in person.
Yet in spite of everything, we’ve often felt more connected than ever before, with a series of digital workshops through the spring and early summer (materials below) and all the important work we are carrying out together day-to-day on key EU files, such as platform regulation and data. These are crucial issues for the future of PSM, and as this difficult year draws to a close we look forward to continuing our great cooperation in 2021 to achieve the best outcome for all our Members.
May we take the opportunity below to provide you an update on our latest work and groups, as well as a new contact list. Please get in touch!
With my very best wishes for the festive season and 2021,
Dr Richard Burnley
EBU Legal & Policy Director
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ONGOING EU LEGAL & POLICY FILES
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DATA PROTECTION
Hot current topic: post-Schrems II CJEU ruling and international data transfers. The EBU released a statement on the EDPB recommendations of 01/2020 on supplementary measures, including European Commission's updated Standard Contractual Clauses published last November. Discussion regarding the practical implementation of these measures and clauses will continue among EBU Members in 2021. Other key topic: the fine-tuning of the EBU position on the draft ePrivacy Regulation, in particular the cookie consent provision which is expected to be finalized in the coming months under the Portuguese EU Council Presidency.
See here an overview of the work done in 2020 by the Data Protection Officers Group.
Data Protection Officers Group page of the EBU website here
Please contact Anne-Catherine Berg
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COPYRIGHT
The deadline to transpose the DSM Copyright Directive into EU Member States' national law expires in June 2021. This process is on-going and raises numerous questions with respect to the ‘Remuneration Chapter’, in particular Article 19 which requires that broadcasting organisations – amongst others – provide regular information to authors/performers on the exploitation of their works and performances. The EBU Copyright Group will hold a meeting in January 2021 to discuss these issues and will continue assisting its Members in the implementation process, including the 2019 NetCab Directive which has the same deadline.
Copyright Group page of the EBU website here
Please contact Heijo Ruijsenaars/Anne-Sarah Skrebers/Vincent Sneed
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DIGITAL SERVICES ACT / DIGITAL MARKET ACT
On 15 December, the European Commission published two legislative proposals to regulate the behaviour of global online platforms. The Digital Services Act will introduce responsibilities for online platforms regarding the content they host and to step up the fight against illegal content. The Digital Markets Act will tackle the economic (gatekeeping) power of online platforms to promote more fairness in digital markets. Executive summaries of our views are available here and here. EBU also recently co-signed a public joint statement with all European broadcast associations.
Content Regulation Group page of the EBU website here
Platform Regulation Group page of the EBU website here
Please contact the DSA/DMA Legal & Policy Team
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DISTRIBUTION - SPECTRUM - 5G - NET NEUTRALITY
The main focus of the interdisciplinary LP-Distribution Group recently has been on spectrum management. In anticipation of the 2023 ITU World Radiocommunication Conference that will determine the future use of the lower UHF spectrum (essential for terrestrial broadcasting), we have prepared an EBU EU Spectrum Policy Action Plan and worked on draft EBU EU Policy messages. The latter will serve as a basis for the upcoming consultations foressen in 2021.
Members of the LP-Distribution Group have received regular updates on EU regulatory developments and consultations, e.g. the NIS [cybersecurity] Directive review and the first Decision on Net Neutrality adopted by the European Court of Justice in September 2020. The Group also serves as a platform to agree replies to important consultations, e.g. the 5G BEREC consultation.
Legal and Policy Distribution Group page of the EBU website here
Please contact Ausra Semeniene/Vincent Sneed
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RULE OF LAW
On 30 September 2020 the European Commission published the first Annual Rule of Law Report. The country chapters are designed as a “crisis-prevention” tool and help the European Commission engage at an early stage with national authorities to ensure negative developments are addressed. They also cover media freedom and media pluralism. With respect to Public Service Media, the 2020 Rule of Law Report notes : ‘Other aspects of the media landscape not yet covered in this first report, such as for example the role and independence of public service media, are also critical in a rule of law context and will be further developed in future years’.
Please contact Isabelle Dochy
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MEET THE LEGAL & POLICY TEAM
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LEGAL & POLICY SPECIAL WORKSHOPS
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LEGAL & POLICY ASSEMBLY - ONLINE EDITION !
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Business Legal Toolkit
EBU lawyers draft and/or advise on over 500 contracts per year in the fields of sport, media and corporate affairs. We are happy to provide a collection of sample agreements and model clauses.
Click here
Please contact Valérie Brackers
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JOIN OUR EXPERT MEMBER GROUPS
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We offer a number of groups that allow you to collaborate with peers in other Member organizations:
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