On July 9, 2026, the Court of Justice of the European Union (“CJEU” or “Court”) delivered its judgment in Sky Österreich Fernsehen (C-234/25), deciding that a streaming offering constitutes a digital service under the Consumer Rights Directive (Directive 2011/83/EU), rather than digital content, where the trader’s offering is of a dynamic nature and
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CJEU Clarifies the Conditions for Seizure of Business Emails During Competition Inspections
On July 16, 2026, the Court of Justice of the European Union (“CJEU”) issued a decision clarifying that EU law does not, as a rule, prevent a national competition authority from seizing business emails stored on a company’s systems without prior authorisation from a court. However, strict legal safeguards and effective ex post judicial review must be…
FTC Settles with Hopper Over Hidden Fee Practices
On July 2, 2026, the Federal Trade Commission (“FTC”) announced that Hopper (USA), Inc. and its Canadian parent, Hopper Inc., agreed to a $35 million settlement resolving allegations that Hopper engaged in unfair and deceptive fee practices in violation of Section 5 of the FTC Act and the Trade Regulation Rule on Unfair or Deceptive…
Delaware General Assembly Passes HB 380, an Amendment to the Delaware Personal Data Privacy Act
On June 16, 2026, the Delaware General Assembly passed HB 380, which would amend the Delaware Personal Data Privacy Act (DPDPA). The bill is currently awaiting the Delaware governor’s signature, and if signed, the amendments would take effect on January 1, 2027. The amendment would impose the following:…
Irish NCSC Issues Cyber Governance Guidance for Management Boards Ahead of NIS2 Implementation
By Mark Young & David Brazil
On July 7, 2026, the Irish National Cyber Security Centre (“NCSC”) published guidance for management boards and senior executives of organizations subject to the EU’s Network and Information Security Directive (“NIS2”). Reflecting a central theme of NIS2, the Guidance makes it clear that cybersecurity is no longer solely a technical issue, but a governance and…
FTC Seeks Comment on Proposed Policy Statement Addressing AI Accuracy and Output Steering
By Laura Kim & Carter McCants
On July 1, 2026, the Federal Trade Commission (“FTC”) issued a proposed policy statement addressing what it describes as the “suppression of accuracy” in artificial intelligence (“AI”) systems and is seeking public comment through July 31, 2026. The proposal was issued pursuant to Executive Order 14365, Ensuring a National Policy Framework for Artificial Intelligence,…
Supreme Court Holds FTC Removal Protections Unconstitutional
On June 29, 2026, in a 6-3 decision, the U.S. Supreme Court held that (1) the Federal Trade Commission’s (FTC) statutory “for‑cause” removal protection for Commissioners violates the Constitution’s separation of powers and (2) President Trump lawfully removed Rebecca Slaughter from the FTC. The Court concluded that because FTC Commissioners exercise executive power, they must…
Rhode Island Enacts Genetic Privacy Law
In what continues to be a busy year for genetic privacy developments, Rhode Island has joined the growing number of states regulating direct-to-consumer (“DTC”) genetic testing with its recently enacted genetic privacy law, S 2203. With S 2203, Rhode Island is the fifth state to enact genetic privacy legislation this year, following Utah, South…
Trump Administration Releases Two Executive Orders on Quantum
On June 22, 2026, the White House released two Executive Orders (EOs) on quantum technologies: Securing the Nation Against Advanced Cryptographic Attacks (EO 14412) and Ushering in the Next Frontier of Quantum Innovation (EO 14413). Through the first EO, the White House seeks “to safeguard America’s most sensitive data, [U.S.] critical infrastructure, and the digital…
Five Eyes Cybersecurity Agencies Issue Statement Regarding AI-Related Shifts in Cybersecurity Risks, Urging Organizational Leaders to “Act Now”
On June 22, the leaders of the cybersecurity agencies in Australia, Canada, New Zealand, the UK, and the U.S. issued a joint statement calling for an “urgent” focus on cyber resilience in anticipation of “frontier AI models . . . exceed[ing] current industry expectations” and “fundamentally transforming both offensive and defensive cyber capabilities” within a…