Cyber Assessment Frameworks update, E-Privacy Regulations Discussion note, No Deal Brexit.eu domain names and more: a round-up of other techlaw news from the past week not covered separately on the site
Air Navigation (Minimum Age for Operators of Small Unmanned Aircraft) Regulations 2019 made
The Air Navigation (Minimum Age for Operators of Small Unmanned Aircraft) Regulations 2019 SI 2019/1286 have been made. Regulation 2 prescribes (for the purposes of article 94C(1) of the Air Navigation Order 2016 SI 2016/765), the age (18) which a person must have attained to be issued with a certificate of registration as a small unmanned aircraft operator. The 2016 Order sets out the circumstances in which the Civil Aviation Authority must issue a certificate of registration, or renew that person’s certificate of registration.
Cyber Assessment Framework 3.0 rewritten
The Cyber Assessment Framework has been rewritten. It was originally support for the UK implementation of NIS Directive 2016/18/EU. A significant number of the most important UK providers of essential services use the CAF to help them improve their cyber security. It is now being used beyond NIS Directive sectors so has been rewritten to replace specific NIS Directive terminology with more general language, suitable for a wider range of potential users. The structure and technical content remains unchanged. All the changes are aimed at widening its usability, particularly into additional parts of the Critical National Infrastructure and organisations managing cyber-related safety risks.
European Commission adopts first Report on ODR and ADR frameworks
The European Commission has adopted its first Report about Directive 2013/11/EU on alternative dispute resolution for consumer disputes and Regulation (EU) 524/2013 on online dispute resolution for consumer disputes. The report assesses how the legal framework for consumer ADR and ODR has been applied. It concludes that consumer ADR and ODR have become an integral part of EU enforcement. EU consumers have access to high-quality ADR procedures in most retail sectors, for both domestic or cross-border disputes and both online and offline but they are underused. Current challenges include ADR awareness and perceptions, the navigability of national ADR landscapes and traders’ uptake of ADR. The European Commission states that it will provide more targeted information on consumer rights and redress and will improve the ODR platform.
EU Council Presidency publishes discussion note on proposed E-Privacy Regulation
The EU Council Presidency has published a discussion note on the proposed new E-Privacy Regulation, which will replace the current E-Privacy Directive (2002/58/EC). The annex to the discussion note contains a revised text of the proposal which has been discussed at the Council's Working Party on Telecommunications and Information Society. That discussion focused on the processing of electronic communications data for detecting, deleting and reporting material constituting child pornography. Proposed amendments include allowing member states to provide a set time period after the sale of a product or service for which the sender of the message can rely on the soft opt-in exception, requiring the use of a specific code or prefix identifying direct marketing calls and changes to the provisions on the processing of electronic communications metadata. The compromise text also proposes a revised definition of direct marketing and changes to the cookie provisions. It is hoped that the text can be agreed by the end of 2019 / early 2020.
Updated No Deal Brexit guidance from the DCMS on .eu domain names
The Department for Digital, Culture, Media & Sport has published updated guidance on .eu domain names to help stakeholders prepare for the UK leaving the EU without a deal in place. Further new and updated guidance may be issued depending on the precise terms upon which the UK leaves the EU, so stakeholders are advised to monitor the website for updates. In addition, there is guidance for suppliers of digital, technology and computer services.