Seeing growing interest from our clients to stay ahead of market trends, prepare for upcoming legislation changes on a local and EU level, we have compiled a regional TMT newsletter to share relevant sector trends, updates in legislation, know-how, and more with our network.
Below you can find our first TMT newsletter, covering the latest updates about the data governance act, new guidelines on the letter on cookie consent, new changes for consumer contracts, and the sale of digital elements and services, while also highlighting top TMT trends for 2022 and legal aspects of telemedicine in the region.
TMT Insight
New changes for consumer contracts and the sale of digital elements and services entered into force in Estonia, Latvia and Lithuania
There are new changes in the Baltic countries’ legislation to provide more efficient protection for consumers and to better regulate contracts on providing digital content and digital services. The changes will affect almost all merchants and bring about more specific regulation of sales through online marketplaces. Please see a more detailed overview for Estonia, Latvia and Lithuania.
Top TMT trends for 2022
The telecommunications, media and technology sector is one of the most steadily growing sectors in our region and elsewhere. Our TMT team takes a closer look at the main market trends and shifts over the last year, and shares insights as to what 2022 may bring. See the full overview here.
The Technology, Media and Telecommunications Review – Latvia, Lithuania, Estonia and Belarus
Our experts have contributed to the twelfth edition of the Technology, Media and Telecommunications Review, covering all related matters in the Baltics and Belarus. See the full document here.
EU Legislation
Data Act: Commission proposed measures for a fair and innovative data economy
The Commission proposed new rules on who can use and access data generated in the EU across all economic sectors. The Data Act strives to ensure fairness in the digital environment, stimulate a competitive data market, open opportunities for data-driven innovation and make data more accessible for all. In a nutshell, the Data Act focuses on unlocking the value of data and creating conditions for leveraging this value. See more here.
Data Governance Act: Commission proposed measures to boost data sharing across sectors and Member States
The Commission’s proposed Data Governance Act aims to make more data available and facilitate data sharing across sectors and EU countries in order to leverage the potential of data for the benefit of European citizens and businesses. In a nutshell, the Data Governance Act focuses on promoting data-sharing and the reuse of data. The Act will likely enter into force in the middle of 2023. See more here.
Digital Markets Act: political consensus achieved on big tech regulation proposal
The European Parliament and Council have agreed on the Digital Markets Act set to regulate big tech and ensure fair competition and more choice for users. The proposed regulation would blacklist certain practices used by large platforms acting as “gatekeepers” and enable the Commission to carry out market investigations and sanction non-compliant behaviour. See more here.
Data protection
Lithuania: Standard Contractual Clauses for the implementation of the General Data Protection Regulation approved
The Lithuanian State Data Protection Inspectorate has approved the standard contractual clauses of personal data processing agreements. The clauses are aimed at helping the data controllers and data processors to assess what requirements are applicable to personal data processing agreements concluded between them in accordance with Article 28(3) of the GDPR. See more here (in Lithuanian).
Launch of coordinated enforcement on use of cloud by public sector by EDPB
According to EuroStat, the cloud uptake by enterprises doubled across the EU in the last 6 years. The COVID-19 pandemic has sparked a digital transformation of organisations, with many public sector organisations turning to cloud technology. However, in doing so, public bodies at national and EU level may face difficulties in obtaining Information and Communication Technology products and services that comply with EU data protection rules. Through coordinated guidance and action, the Supervisory Authorities will aim to foster best practices and thereby ensure the adequate protection of personal data. See more here.
EDPB adopts Guidelines on Right of Access and letter on cookie consent
The EDPB adopted guidelines on the Right of Access. The guidelines aim to analyse the various aspects of the right of access and to provide more precise guidance on how the right should be implemented. In addition, the EDPB adopted a letter in reply to letters calling for a consistent interpretation of cookie consent. See more here.
Technology
New legal platform for startups launched in Lithuania
To help Lithuanian startups during the early stages of running a business, we have created a free, publicly available platform together with Startup Lithuania, Unicorns LT and LT VCA, offering a package of legal documents relevant to startups and the entire startup ecosystem. Startup founders will be able to easily download the legal document template they need from this platform. See more here.
Estonia’s consent service allows companies to ask the state for your data
The consent service is an e-service developed by the Estonian Information System Authority. The service allows a person to give permission to the state to share their personal data with companies that offer innovative and personalised services based on personal data. See more here.
Estonian virtual currency service providers are foreseen to comply with two separate licensing (renewal) requirements
The last few years have brought significant changes to the regulatory requirements of the virtual currency service providers. As the Estonian legislator continues to seek effective solutions for mitigating risks of the rapidly evolving sector, two new draft acts are expected to come into force. See more here.
Legal aspects of telemedicine in Belarus and the Baltic States
Telemedicine technologies are one of the most innovative manifestations in the field of IT healthcare. Our team has prepared an overview of the use of these technologies in the Baltics and Belarus, as well as of the regulatory requirements in each country. See more here.
Media
Estonia has transposed the Audiovisual Media Services Act with amendments to the Media Services Act
The act harmonizes the rules applicable to the television service and the on-demand audiovisual media service in order to ensure the protection of minors and morality and legality. The revised scope of the Media Services Act now also includes video-sharing platforms such as YouTube, Vimeo and Dailymotion. See more here.
Latvia: Personal use of illegal systems for watching TV programs will now be subject to a fine
A warning or a monetary fine of up to EUR 700 can now be applied. Before, only manufacture, import, distribution of illegal systems for commercial purposes was subject to a fine. See more here (in Latvian only).
Cybersecurity
Cybersecurity – the time to act is now
Cybersecurity affects almost every organization today, and increasing data breaches have come to stay. To help you navigate in these challenging times and help keep your data safe, we have put together a quick overview covering the key tips for preventing a data breach, or if one has taken place, outlining the suggested next steps in order to mitigate further damage. See more here.
Telecom
Estonia agrees 5G frequency license auction conditions
Estonia has confirmed the conditions for Estonia’s first 5G license tender. Three licenses of equal size in the frequency band 3410–3800 MHz will be auctioned. See more here.
Estonian Electronic Communications Act enters into force, transposing the European Electronic Communications Code
The law harmonises consumer rights regulations between more traditional phone services and over-the-top services such as WhatsApp and Viber. The law also effectively bans the use of certain foreign technology in Estonia’s 5G communications networks. See more here.
Europe doubles 5G connections and passes 50% mark on FTTH, but still lags global peers
As Europe works to strengthen economic growth through its strategic sectors, a new report shows that most Europeans have now access to a 5G and FTTH network. However, if compared with global peers, Europe is trailing in terms of the roll-out, investment and financial strength of its telecom sector. More information can be found in the “State of Digital Communications” Report, launched by telecom association ETNO. See more here.
