EC developments in it law

LC ti-)E2E,LOPMENTS Ibm INTRODUCTION This is the fifth edition of the table prepared by Baker & McKenzie highlighting the main legislative provisions within the EC which could have a

bearing on the IT industry. As the table only sets out proposed legislation and legislation not yet implemented it should be read in conjunction with the table published in the March/April edition,

LAW which set out all the major EC provisions (enacted and proposed). Changes since the last publication of the table are shown in bold print.

A. INTELLECTUAL PROPERTY

OJ 1991 L122142

Adopted 14 May 1991

1 January 1993

Council Resolution: Accession of Member States to the Rome and Berne Conventions

OJ 1992 C 138/1

Adopted 14 May 1992 in substitution for proposed Council Decision OJ 1992 C57/13

1 January 1995

Directive 92/100 on Rental and Lending Rights and Certain Rights Relating to Copyright

OJ 1992 L346/61

Adopted 19 November 1992

1 July 1994

Directive 93/98 on Term of Protection of Copyright

OJ 1993 L290

Adopted 29 October 1993

1 July 1995

Proposed Directive on Legal Protection of Databases

OJ 1993 C308/1

Under discussion in Council

1 January 1995

1. Copyright Directive 91/250 on the Legal Protection of Computer Programs

2. Designs Legal Protection of Industrial Design (Community Design)

The proposals are under dicussion Ill/F/5131/91

Green Paper 1991 OJ 1994 C29/2 Proposed regulation To be decided, but proposed as 31 October 1996

OJ 1993 C345/9 Proposed directive

3. Trademarks

OJ 1989 L 40/1

Adopted 21 December 1988

Directive 89/104 on Approximation of the laws of Member States relating to Trademarks

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28 December 1991

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Council Decision 92/10 postponing implementation of Directive 89/104 (see above)

OJ 1992 L6/35

Adopted 19 Dec 1991

Postponed until 31 December 1992

Council Regulation on Community Trademarks

OJ 1994 L11

Regulation adopted on 20 December 1993

Commission Proposal COM (80) 635 as amended by COM (84) 470 and COM (92) 443

OJ 1980 C351 OJ 1984 C230

Implementing regulations are still outstanding but estimated implementation period is three years

B. PERSONAL DATA

Amended proposed Directive on protection of individuals in relation to processing and free movement of personal data

Amended Proposed Directive concerning the protection of personal data and privacy in the context of public digital telecommunications networks (tOM 94 (128))

OJ 1992

Common position expected to be reached shortly

C311/04

OJ 1994 C200

M o d r e d amended proposal issued

C. COMPETITION LAW

Technology Transfer Block Exemption Regulation

Discussion draft issued

OJ 1994 C178/3 with minor amendments in OJ 1994 C187/16

D. PRODUCT LIABILITY

Amended proposal for a Directive concerning comparative advertizing and amending Directive 84•450 relating to misleading advertizing

OJ 1994 C136•4

318

Due to come into force on 1 January 1995

Directive on Unfair Contract Terms in Consumer Contracts, as amended

OJ 1990 C243, OJ 1992 C73/7

Adopted 5 April 1993.

If implemented will apply to all contracts after 31 December 1994

Directive 92/59 on general product safety

OJ 92 L228/24

Adopted 29 June 1992

29 June 1994

COM (92) 298 final and OJ 1993 C73/19

Still under discussion

Council Directive 93/38/EEC coordinating procedures of entities operating in the excluded sectors (water, energy, transport and telecommunications

OJ 1993 L199/84

Adopted 14 June 1993

I July 1994

Council Directive 93/36/EEC coordinating procedures for the award of public supply contracts

OJ 1993 L199/1

Adopted 14 June 1993

14 June 1994

E. S T A N D A R D I Z A T I O N

Proposed Council Recommendation on Common Information Technology Security Evaluation Criteria and ECOSOC Opinion of 27 January 1993

F. PUBUC PROCUREMENT

G. T E L E C O M M U N I C A T I O N S

Commission Communication on further liberalization of European telecommunications of April 1993 followed by Council Resolution of 22 July 1993 on the review of the situation in the telecoms sector and the need for further developments in that market

OJ 1993 C213/01

Full liberalization of public voice telephony services planned for 1 January 1998 subject to various derogations to Spain, Ireland, Greece and Portugal for up to five years and, where justified, a derogation of up to two years for very small networks (e.g. Luxembourg)

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OJ 1992 C248 as amended by OJ 1994 C108

Amended proposal adopted by the Council in April

Proposed Council Directive on the application of Open Network Provision (ONP) to voice telephony (COM (92) 247 as amended by COM (93) 182 and COM (94) 48)

OJ 1992 C263 as amended by OJ 1993 C147

Proposal rejected by European Parliament

OJ 1993 L248

Adopted 27 September 1993

H. MEDIA/BROADCASTING

Directive 93/83 on copyright and rights related to copyright applicable to satellite broadcasting and cable retransmissions

1 January 1995

Green Paper on Strategy options to strengthen the European Programme Industry in the context of the audiovisual policy of the European Union

EC LEGISLATION COMMENTS INTELLECTUAL PROPERTY The UK, like most of the EC is late in implementing the Directive on rental and lending rights and certain rights relating to copyright. Draft regulations are expected shortly. However, it is unlikely that the Directive will actually be implemented before the early part of next year. The proposed Directive on the Legal Protection of Databases is still under discussion in Council working groups. A common position is not expected to be reached until the beginning of next year. Although it was hoped that progress could be made on the proposed Directive and Regulation on the Legal Protection of Industrial Designs in the new parliamentary session, the reverse now

appears to be the case. No further significant developments are now expected until early next year. The UK has now implemented the Trademarks Directive, through the Trademarks Act 1994. This will come into force on 31 October. Steps have been taken in a number of other Members States to implement the Directive but by no means all.

PERSONAL DATA In August the Commission issued a modified amended proposal for a Directive on the Protection of Personal Data and Privacy in the context of Public Digital Telecommunications. Progress on this proposal is, however, likely to be dependent upon progress made with the framework data protection proposal relating to the processing and free movement of personal data. As a reminder, these two proposed directives are part of a package of six

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measures put forward by the Commission. The package is designed to ensure a high level of protection for personal data whilst ensuring the free flow of information within the Community.

PRODUCT LIABILITY Discussions are still continuing in Council working groups as to the content of the proposed Directive on comparative advertizing. Although it is possible that a revised draft will be published shortly it is unlikely that any significant progress will be made in the near future. Regulations to implement the Product Safety Directive in the UK (SI 1994 No. 2328) were issued on 5 September and came into force on 3 October. The Regulations cover those areas not already dealt with by existing legislation (mainly the Consumer Protection Act 1987) such as second hand goods. Draft regulations to implement the Directive on Unfair Contract Terms in

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Consumer Contracts in the UK have been issued for consultation. Despite the tight timescale the Directive is expected to be implemented more or less on time.

STANDARDIZATION Nor further progress has been made on the proposal put forward by the Commission for a Council Recommendation on Common Information Technology Security Evaluation Criteria. However, it is hoped that it will be pushed forward during the present German presidency. The proposed recommendation seeks to establish a common approach to the security of information systems throughout the community.

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procedures of entities operating in the excluded sectors (Directive 93•38) and the Directive coordinating procedures for the award of public supply contracts (Directive 93•36). Draft implementing regulations are, however, expected shortly.

TELECOMMUNICATIONS The proposed Directive on the application of Open Network Provision to voice telephony has now been rejected by the

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European Parliament in its entirety. The proposal is therefore deemed not to have been adopted. The Commission is now considering preparing a new proposal. This is the first successful use of the European Parliament's post-Maastricht power to block legislation. The Proposed Directive on the mutual recognition of licences is currently being considered by Council working groups, tt is hoped that a common position will be reached sometime in November.

PUBLIC PROCUREMENT The UK remains delinquent in implementing both the Directive coordinating

LETTER

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LAW COMMISSION TO REVIEW THE LAW ON DISHONESTY Dear Mr Saxby, The Law Commission is about to embark on a major project of reviewing the law of dishonesty. At present we are trying to identify the areas, which merit attention. The Law Commission has been very concerned about computer misuse and it was the recommendations of this Commission which led to the Computer Misuse ACt 1990 being passed. I would be grateful if any of your readers could identify any deficiencies in the present law and in particular if the criminal law should be extended to cover acts of dishonesty in connection with computers, which are :: not at present covered.

In due course, we will produce a number of Consultation Papers relating to the law of dishonesty and at that time we would again welcome the views of your readers. At present any help that could be given in identifying the areas that we should be looking at would be appreciated by us. Yours sincerely Stephen Siiber QC Law Commissioner Correspondence to: Stephen Silber QC Law Commissioner, Law Commission, Conquest House, 37/ 38 John Street, Theobalds Road, London WC1N 2BQ UK.

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i~i!iiiiii~iiiiiii~i~iiiiiiiii~ii~i~i~~iii~iii~i i~iii~i~i i~ii~i~i~i~!i~i~ii~ii~iiiiiiii!ii!ii~i~ii~~iii ~i i~i~i i i i i i i i i ~i i ~i~i~i i i i i i i i i~i i ~i~i~i !i~i~i~i i i i i i i i i i ~i~!!i~i!i i i!i i i~i i i i i i!i~ BOOK REVIEW HUMAN COMMUNICATIONS Mass Communication Theory - An Introduction, 3rd Edition by Denis McQuail, 1994, soft-cover, Sage Publications, 416 pp., £12.95, ISBN 0 8039 7785 9 :

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tion disclosed, and the consequences of communication intended or unintended. The book is divided into six sections with the first two dea|ing with theories and structures. Part three examines ,media organization and culture; and part four, issuesof content -- concepts and varieties of discourse and media genres, such as news reporting. Part five looks at audiences; and part six, media effects. Available from

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