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10:00-13:00, Monday 7th December 2009
WORKSHOP A - Data Protection
- Evaluation of the Data Retention Directive
- Review of the EU's Data Protection framework
- Breach notification regime in the draft e-privacy directive
WORKSHOP LEADER
Karin Retzer, Of Counsel, Morrison & Foerster
Karin Retzer is Of Counsel in Morrison & Foerster’s Brussels office and a member of the Technology Transactions Group. Her practice focuses on the legal aspects of electronic commerce and data protection, technology licensing, and intellectual property law.
Ms Retzer has provided strategic advice on worldwide privacy and data security compliance projects. She has assisted with questions regarding the international transfer of personal data, data retention obligations, direct marketing, and the use of e-mail and Internet in the workplace. She has drafted privacy policies and guidelines, notices, and data transfer and processing contracts for several multinational clients. In addition, Ms Retzer advises clients on issues relating to electronic commerce, such as the enforceability of online contracts and the legal aspects of online auction sites.
Ms Retzer’s transactional experience includes software and biotechnology licensing, outsourcing arrangements, distribution and agency relationships, and various ISP contracts. She has developed template agreements and negotiated complex commercial agreements for many clients, counseling them not only with respect to legal ramifications, but also taking into account applicable business and technical considerations. In the area of intellectual property, Ms Retzer has defended the positions of technology companies in various legislative initiatives at both European Community and national levels, and provided support in disputes and negotiations.
Prior to joining Morrison & Foerster, Ms Retzer worked at the European headquarters of Sterling Commerce in Paris, a U.S. supplier of e-commerce products. From 1997 to 1998, Ms Retzer worked at the European Commission, where she was involved mainly with examining and monitoring Member States’ implementation of European Community directives.
Ms Retzer is a member of the German and the EU bar in Brussels. She completed her legal education in 1997, after studies in Regensburg (Germany), Utrecht (The Netherlands), and Munich (Germany). Ms Retzer is fluent in German and English and has a working knowledge of French and Dutch. She is a member of the Licensing Executives Society (“LES”), the Association for Industrial Property and Copyright Law (“GRUR”), and the German Association for Data Protection and Data Security (“GDD”). She regularly speaks and is published on intellectual property, licensing, and data protection matters, and is a contributing author to the publication “Global Employee Privacy and Data Security Law” published by BNA Books.
Sue Daley, Government Relations Manager, Symantec UK & Ireland
Sue Daley is responsible of Government Relations in the UK and Ireland based in the London. Sue regularly attends Parliamentary, government and industry meetings representing Symantec. She has recently spoken at events such as the UK-China Internet Forum in Beijing on online data security issues and the European RSA conference panel session on data breach issues in Europe. Sue was also a recent judge at the Nominet Best Practice Awards in London and she is currently deputy chair of the UK EURIM e-crime working group and sits on the UK IT membership organisation Intellect’s security and privacy related committees.
Before joining Symantec in early 2007 Sue was senior policy advisor for information security at the Confederation of British Industry (CBI).
Peter Hustinx, European Data Protection Supervisor (EDPS)
Mr Hustinx (1945) has been European Data Protection Supervisor since January 2004 and was recently appointed by the European Parliament and the Council for a second term of five years.
He has been closely involved in the development of data protection legislation from the start, both at the national and at the international level.
As European Data Protection Supervisor he is responsible for advising EU institutions on proposals for legislation and other new developments that have an impact on the protection of personal data.
Before entering his office, Mr Hustinx was President of the Dutch Data Protection Authority since 1991. From 1996 until 2000 he was Chairman of the Article 29 Working Party.
He received law degrees in Nijmegen, the Netherlands, and in Ann Arbor, USA. Since 1986 he has been deputy judge in the Court of Appeal in Amsterdam.
Cristina Vela, Senior Advisor, EU & International Regulatory Affairs, Telefonica SA
Chairperson ETNO Working Group on Data Protection and Information Security
Cristina Vela has over 10 years of experience in the telecommunications and regulatory sectors.
Cristina joined Telefónica Permanent Representation Office in Brussels in 2000. Prior to that, Cristina had worked as Special Expert within the Regulatory Unit at Telefónica Headquarters in Madrid.
Cristina was appointed Chairperson of the Working Group on Data Protection and Information Security of ETNO (European Telecommunications Network Operators’ Association) in December 2002. From this position she has been involved with other industry representatives in the debates regarding data protection and data retention at the EU level.
Jacques Verraes, Policy Officer, European Commission, DG Justice, Freedom and Security
Jacques Verraes, a Dutch national, worked from 1986-1994 at the Schengen Secretariat and was responsible for the administrative support to the negotiations on police and security and work leading up to the SIS, SIRENE and VISION systems.
From 1994 he worked for the European Commission: DG ENTR (product legislation, administration of conformity assessment and quality, trade relations with Japan and South Korea) as a seconded official at the Ministry of Trade and Industry in Tokyo and for DG JLS (counter terrorism, police cooperation, and information exchange policy).
He is currently working for the Unit JLS F3 (police cooperation and access to information) on the implementation of the data retention directive, accreditation of forensic service providers, access of law enforcement authorities to the visa information system, and Prüm AFIS.
10:00-13:00, Monday 7th December 2009
WORKSHOP B - State Aid Issues in broadband networks
Introduction to the Commission's guidelines and case law on broadband state aid
- The Commission's case law and the latest guidance on NGA/broadband state aid
- The Amsterdam Citynet and Hauts-de-seines cases
- A new role for state aid: Greek state funding for a competitive NGA network
- Government support for NGA rollout in NZ
WORKSHOP LEADER
Bernard Amory, Partner, Jones Day
Bernard Amory practices competition law representing clients before the European Commission, national courts, and competition authorities in Europe and the European Courts in Luxembourg. He also oversees Jones Day's Antitrust & Competition Practice in Europe.
Bernard's recent or ongoing representations relating to Article 81 (restrictive practices) include: the air cargo case for American Airlines,
the vitamins case for Aventis, the marine hoses case for Parker Hannifin, the paper and forestry products and industrial bags cases for UPM, the bananas case for Dole, the credit card investigation for MasterCard, the O2/T-Mobile infrastructure sharing and national roaming case on behalf of O2, and the Apple iTunes pricing investigation.
Some of the leading merger cases in which Bernard has represented the notifying party include: BT/MCI and BT/AT&T, Total/Petrofina, and Procter & Gamble/Gillette. He also acts for intervening parties and complainants in merger cases, such as for Apple in Sony/BMG, Tele Denmark in Telia/Telenor, and AT&T in MCI/WorldCom/Sprint.
He also has significant experience in Article 82 (abuses), including the roaming case on behalf of Telefonica-O2 and Microsoft on behalf of a third party and Dell in the Intel rebates case. His experience on state aid and state measures include the representation of BUPA in the risk equalization scheme in Ireland and work for Bouygues.
Bernard served as council member of the International Bar Association (SBL) and is on the advisory board of the European Competition Journal.
Honors and Distinctions
Recognized in Chambers Global and Chambers Europe for competition and state aid, received "Star Performer" ranking for communications (2009); also listed in PLC Which lawyer?, International Who's Who of Competition Lawyers, and International Who's Who of Regulatory Communications Lawyers; recognized as one of the World's Top 20 Lawyers by Commercial Lawyer (2000)
Admitted: Brussels
Education: University of Exeter, England (LL.M. 1983); University of Louvain, Belgium (Licence en Droit 1981); Law Faculty of Namur, Belgium (B.A.
1978)
Government/Military Service
Official, Directorate General IV (Competition) of the European Commission (1989-1991) and Belgian Army (1983-1984) -1991) and Belgian Army (1983-1984)
Languages: English, French
Olivier de Baillenx, Public Affairs Director, Iliad
Married, two daughters.
Master degree in criminal law.
Journalist then editor-in-chief in French media and telecom press (EDICOM : magazine, newsletters, trade guide, seminars…) for eight years.
General secretary of AFCO (French cable trade association – 1997-2000).
Public relations Manager for NOOS, then Numericable (2000-2007).
Iliad’s Public Affairs Director since May 2007.
Jaap Doeleman, Partner, Regulated Markets & Competition, Houthoff Buruma NV
Jaap Doeleman (born 1952; admitted to the Amsterdam Bar in 1980) heads the Communications Practice of Houthoff Buruma, with 600+ staff the second largest law firm in the Netherlands. His clients are concentrated in the broadcasting and e-communications sectors. Additionally, he represents clients from other industries in competition cases relating in particular to dominance and merger control issues.
Since the early 1990s he has specialised in competition law, broadcasting law and e-communications law. Jaap is fascinated by technology and has developed a practice that focuses on transactions, regulatory issues and litigation in the TMT sectors. He is particularly interested in the competition aspects of network industries. Jaap Doeleman has successfully represented a number of Dutch municipalities in litigation against rate increases by the main cable operators in the Netherlands, UPC and Casema, resulting in 30 - 40% lower rates. In addition to being an expert on the mobile communications sector in which he advises i.a. on MTR regulation and license issues, since 2004 he is the legal advisor of the Amsterdam Citynet project, the starting point of a new and open FttH access network covering the Dutch capital.
Jaap read history and law at Groningen University. He worked as an assistant at the Groningen Institute of War Studies and was an officer with the UNIFIL peacekeeping forces in the Lebanon during his military service in 1978/79. At Houthoff Buruma he went on to develop a varied corporate commercial practice. After having been seconded to an affiliated firm in Boston, USA, he was made an equity partner of Houthoff Buruma in 1987.
Jaap Doeleman is a member of the Nederlandse Vereniging voor Europees Recht (Netherlands Association for European Law), the Vereniging voor Mededingingsrecht (Competition Law Association), the Vereniging voor Media en Communicatierecht (Communications Law Association) and the International Bar Association. He is the author of several publications dealing with various aspects of corporate law, the liberalisation of the communications sector and cable-TV issues.
Professor Sokratis Katsikas, General Secretary for Communications, Ministry of Infrastructures, Transports & Networks, Greece
Professor Sokratis Katsikas was born in Athens in 1960. He holds a Bachelor in Electrical Engineer of the University of Patras (1982), a Master of Science in Electrical and Computer Engineering of the Massachusetts University at Amherst (US, 1984), and a PhD in Computer Engineering and Informatics, of the University of Patras (1987).
Currently he is a Professor in the Digital Systems Department at University of Piraeus (Greece), member of the Hellenic Authority for Communication Security and Privacy (ADAE), member of the Experts Team for the Evaluation of the Universities of the European University Association (EUA), and National Representative at the EU programme “People” of the FP7. He has served as the Rector and Deputy Rector of the Aegean University, and was also a memver of the Authority for Quality Assurance in Highest Education in Greece. His research interests are mostly focused on Information and Communication Systems Security, and Estimation Theory Applications.
Ernie Newman, Chief Executive, Telecommunications Users Association of New Zealand
Ernie Newman is Chief Executive of the Telecommunications Users Association of New Zealand (TUANZ) based in Auckland. TUANZ is a non-profit business support group comprising about 500 member organisations who are major users of the telecommunications system. TUANZ members are typically large businesses such as trading banks, retail chains and insurance companies, government agencies with major networks, or educational institutions such as universities with heavy communications usage. TUANZ focuses on influencing the regulatory environment in telecommunications in the users’ favour, promotes new technologies, and aids users to understand and implement these.
He joined TUANZ in 1999 having had an extensive background in government relations and industry association management including senior positions with many major industry groups including employers associations and chambers of commerce. He more recently spent 5 years as a Marketing Manager with a public listed company.
He represents TUANZ on a several external bodies. Within New Zealand these include the Telecommunications Carriers Forum, the Number Administration Deed and the Digital Development Council.
Internationally, he is well connected in telecommunications policy circles. Since 2000 he has held office in the influential Netherlands-based International Telecommunications Users Group (INTUG), initially as Vice Chairman for the Asia Pacific region and then from 2002 until March 2005 as its global Chairman. In this international role he has presented to numerous major international conferences around the world including Japan, India, England, South America, Australia and the USA. He is a regular participant in APECTel, the telecommunications and IT working group of APEC, and less frequently in relevant meetings of the OECD as well as major industry conferences.
Lambros Papadias, Deputy Head of Unit - H3 (State aid network, transparency and fiscal aid), European Commission, DG Competition
Lambros Papadias is a lawyer, specialising in European law (LLM - College of Europe, Bruges). He started his career with Freshfields (Brussels), and then served as a “Référendaire” at the Court of First Instance of the EC, Luxembourg where he clerked for Judge A. Kalogeropoulos (1994-1998) and later on Judge M. Vilaras (1998-2000)
In April 2000, he joined the Antitrust Telecoms unit of DG Competition where he was involved in a number of antitrust cases; including the “UK roaming investigation”, “3G auctions” and mobile issues. He was also a Case Manager for the Commission's “Article 7 Task Force” dealing with notifications from NRAs. During that period he also drafted the “Commission Guidelines on market definition and SMP”, the Commission Telecoms “Liberalisation Directive”, and the Commission Recommendation on “Article 7 Notifications”. In 2005, he joined DG COMP's state aid unit where he dealt with digital terrestrial TV cases and broadband issues. He is the author of the recent "Community Guidelines for the application of State aid rules in relation to rapid deployment of broadband networks in the telecoms sector" (September 2009). He has published and spoken regularly on general state aid and antitrust law issues related to telecommunications.
Currently he is Deputy Head of Unit dealing with state aid and fiscal/tax measures.
14:30-17:00, Monday 7th December 2009
WORKSHOP C - Net Neutrality/Network Management Policy Issues for the Future of Net-Based Service Provision
WORKSHOP LEADER
Ann LaFrance, Coordinating Partner - EMEA Communications Law, Squire Sanders
Ann LaFrance is Coordinating Partner for the Squire Sanders communications law team in EMEA and leader of the firm's European data protection and privacy practice.
Ms LaFrance has over two decades of experience working on regulatory, policy, competition and commercial matters involving the TMT sector in Europe, the United States and key emerging markets around the globe. She began her career as a telecommunications lawyer in Washington, DC, and from 1996-2004, she served as Chief International Counsel for MCI Communications Corp. (since acquired by Verizon) in Brussels and London/Reading.
Now based in London, Ms LaFrance's practice covers a wide range of telecommunications and media issues involving EU, UK and international law and regulation.
Lisa Di Feliciantonio
Lisa is Member of the Board of the Italian association of IPTV operators as well as manager of regulatory policy at Fastweb, the first alternative telecom operator in Italy to roll out an all-IP network and a triple play offer in the country.
In her current position she monitors regulation and policy making in order to identify and track decisions that have the potential to affect Fastweb’s business interests and makes strategic recommendations regarding policy areas at national and EU level. Before joining Fastweb, Lisa has worked for the Italian Regulatory Authority for Communications (AGCOM) as counsellor to one of the Commissioners and, later, as executive officer in the Regulatory Department, where she was in charge for the implementation of the regulatory framework for electronic networks in the television sector. In her role, Lisa has directly taken part to the drafting of existing regulation for licensing, content regulation, obligation of broadcasters and the transition to digital television.
Before then, she was in charge for strategic planning and network development at Orbit, the first digital satellite network for Middle East and North Africa. She writes for specialized economic publications and ha published two books, “I media della convergenza”, Perugia 1998 and “Switchover”, Milan 2004.
Richard Feasey, Public Policy Director, Vodafone Group Services Limited
Richard is the Public Policy Director for the Vodafone Group, coordinating global public policy and regulatory affairs throughout Vodafone’s operating companies including Europe, the Americas, and the Asia-Pacific. Richard has over fifteen years experience in international telecommunications in fixed, internet and wireless sectors; having been responsible for public policy at MCI Worldcom International, Ionica plc and TeleWest Communications plc.
He has chaired worldwide industry bodies and is currently chair of the Regulatory Advisory Board of the GSM Association.
Willy Jensen, Director General, Norwegian Post and Telecommunications Authority (NPT)
Educated in Applied Mathematics, Professor Willy Jensen has been director general of The Norwegian Post and Telecommunications Authority since 2000.
Mr Jensen was Professor in Informatics at the University of Tromsø, Norway and he headed Norwegian and international research entities before he took up the post in NPT, where he has continued the liberalisation process of the post and electronic communication markets. He has in particular focused on the rights and empowerment of the consumers.
Tom Kiedrowski, Principal, Strategy, Ofcom
Tom is a Principal within Ofcom’s Strategy team. Tom is the Director of Ofcom’s Better Regulation project. He is also Co-Director of Ofcom's net neutrality and internet traffic management policies. Tom is a member of: the International Editioral Board of the journal, Communications & Strategies, the Board Steering Group of the International Institute of Communications (IIC), UK Chapter, Chatham House and the Royal Television Society. He has a Masters degree in International Political Economy from the University of Warwick.
Karim Lesina, Executive Director, European Government Affairs, AT&T
Karim Antonio Lesina is the Executive Director of AT&T, European Government Affairs. He leads AT&T's advocacy in Brussels towards the EU Institutions and in several EU Member States and International Organisations. He is also the Chair of the Digital Economy Committee of the American Chamber of Commerce to the EU.
Prior to joining AT&T, Karim held senior positions with another leading US-headquartered ICT company, and a number of leading public affairs agencies in Brussels. Karim has worked on external affairs projects in several countries across the EMEA region.
Born in Dakar (Senegal) Karim is an Italian-Tunisian national and has a Master Degree in Economics of development at the Catholic University of Louvain-la-Neuve
Stina Levin, Senior Economic Analyst, Swedish Post & Telecom Agency (PTS)
Current position
Economic Analyst at the Competition Department of the Swedish Post and Telecom Agency (PTS). Stina has been working on PTS’ studies on ”Open net and services” and ”Net neutrality”.
Previous positions
Analyst at the Swedish National Debt Office, Expert in Baltic Project on sustainable resources for rural development/Bird WP 2, Secretary of the Committee for the midterm Evaluation of the Environmental and Rural Development Programme for Sweden 2000-2006, Controller at Nacka Municipality, Principal Administrative Officer at the Budget Department of the Swedish Ministry of Finance and Product Manager at Santrade PC Gardening, Switzerland respectively PC Hand Tools of Bollnäs, Sweden.
Education
Master of Arts in Agricultural Economics at Washington State University and Bachelor of Business Administration at Luleå University.
Jean-Jacques Sahel, Director, Government and Regulatory Affairs, Europe, Middle-East & Africa, Skype
Jean-Jacques joined Skype at the start of 2008 from UK Trade and Investment, the British Government’s external trade promotion arm. There, he led the initiative to promote overseas the UK’s strength in financial services. Before that, he held senior posts at the Department of Trade and Industry. Among them was head of global communications policy.
Jean-Jacques served UK interests in many telecoms and IT negotiations and forums during his years in public service. They included the OECD - where he was a vice chair of the anti-spam task force, and chairman of the working party on the information economy; the ITU; the UN’s world summit on the information society; and the WTO. He’s the current UK signatory of the 2006 UN treaty on telecoms.
Jean-Jacques brings his public sector experience to a new post at Skype. He made the move because, “Skype is where media, IT, telecoms and the Internet converge”. Also because, “There are acute challenges. We have a 19th century legal framework to deal with a 21st century phenomenon”.
Jean-Jacques holds dual French-British nationality. He read Foreign Languages at the University of Provence. He also took a BA in European Management and a Master’s in International Peace and Security in the UK, where he’s lived since 1995. He’s fluent in three languages and comfortable in two more.
Jean-Jacques chairs the UK Chapter of the International Institute of Communications (IIC) since May 2009.
Catherine Smadja, Head of Special Projects, Policy & Strategy, BBC
Educated at Louis le Grand, Paris-Sorbonne, and ENA, Catherine began her career as a French senior civil servant (Ministry of Economy, Finances and Industry), in charge of competition matters. She was Special Advisor, Media policy, to Catherine Trautmann, French Secretary of State for Culture and Media, from 1997 to 2000. Seconded to the British Government in 2000, she worked for the Department for Culture, Media and Sport as head of digital and commercial broadcasting, and director of the switchover programme.
She joined the BBC in 2006, where she is head of special projects, Policy and Strategy.
14:30-17:00, Monday 7th December 2009
WORKSHOP D - Legal and Regulatory Challenges in Central & Eastern Europe
Regulatory issues facing Czech Republic, Hungary, Poland and Slovakia including:
(i) Implementation EU Telecoms Package & NGA
(ii) Digital Dividend/spectrum issues
(iii) state aid
(iv) state of competition and market opportunities
WORKSHOP LEADER
Feyo Sickinghe, Partner, Bird & Bird
With Feyo Sickinghe, Bird & Bird has an institutionalized lobbying practice in representing communications companies towards regulators, the government and members of parliament, supporting companies in their lobbying activities on the basis of an extensive network in the telecom and media sector and the administration.
Feyo joined Bird & Bird in 2007. He started his career as a business lawyer in Amsterdam and worked for several years for UPC and Priority Telecom as Director of Regulatory Affairs.
As a regulatory specialist in electronic communications, he represents the Dutch Association of DSL operators (BOT). He is chairman of the Dutch Digging Rights Group. Feyo also chairs the Forum for Interconnect and Special Access (FIST) and is a member of the Board of the Telecom Society. His current practice is to build strategic alliances and advise on regulatory matters with a focus on Europe.
He is a frequent speaker on national and international conferences and author of various national and international publications in the field of national and European telecommunications law.
Stephen Kines, Head of Central Europe, Bird & Bird
Stephen is the Managing Partner of Bird & Bird's Central European (CE) practice with offices in Hungary, Poland, Slovakia and the Czech Republic. He has advised on more than €4 billion worth of investments in Telecoms/Media/Technology (TMT) into CE.
Stephen has extensive experience in advising multi-national clients on their CE investments both from a corporate and commercial law point of view. He has been advising clients in the CE region for the past 14 years, previously as Head of TMT for CE at Linklaters and then in a boutique firm that he established. Stephen has been ranked in the top tier for TMT consistently over the last four years in all major directories and was ranked by Euromoney in 2008 as one of the Top 10 TMT lawyers in the world.
Stephen is qualified in New York, DC, Czech Republic (foreign) and Ontario (Canada) and has an LLB (Windsor) and JD (Detroit Mercy). He founded a Silicon Valley branch of his law firm kines and was VP Business & Legal Affairs in Silicon Valley for a tech start-up that had its development centre in Prague.
Stephen still spends part of his time in Silicon Valley dealing with investments in that region into CE.
Patryk Galicki, Senior Associate, Bird & Bird
Patryk joined the Warsaw office of Bird & Bird in August 2009, where he is responsible, in particular, for M&A and real estate transactions with a special focus on the telecommunication sector. He is a certified attorney at law in Poland and has vast experience on both Polish and international markets gained during his 9-year professional practice. Before joining Bird & Bird Patryk was a partner in Polish based law firm.
Patryk studied law at the Warsaw University in Poland (thesis: “Court raise in value of insurance benefits”) where he received his master’s degree with honors. Patryk is admitted to the Warsaw Bar.
Patryk speaks Polish, English and Russian.
Julia Martusewicz-Kulinska, Director of Department of Telecommunications, Office of Electronic Communications (UKE)
Julia Martusewicz-Kulinska is a Director of Department of Telecommunications Market Analysis with Polish National Regulatory Authority – Office of Electronic Communications (UKE). She is accountable for cooperation between the regulatory authority and the Information Society and Media DG of the European Commission, in terms of relevant market analysis.
Julia Martusewicz-Kulinska has over eight years of research and telecoms industry regulations experience. She worked as Research Analyst with Frost & Sullivan’s Information and Communication Technologies Unit, specialising in Communications Services. She also headed Research Division within the Polish National Regulatory Authority where she was responsible for telecommunications market research.
Julia Martusewicz-Kulinska holds an M.Sc. of Econometrics on Computer Science and Econometrics Faculty from the University of Lodz and Diploma of Digital Telecommunication Study from the Wroclaw University of Technology. She also possesses a Diploma of European Integration Study.
Tom Ruhan, Director, Board Member, Netia SA
For the last 6 years Tom has been responsible for legal, regulatory and M&A activities for the Group as well as for compliance. He is also head of the Ethernet networks business unit. Netia was instrumental in creation of Poland’s only infrastructure based challenger mobile operator and he served as a Supervisory Board member from creation until earlier this year.
Prior to Netia he spent 12 years in private practise with one of Poland’s largest law firms Wardynski & Partners where work included the privatisation of the Polish incumbent TPSA. He also worked for SBC, Telenor and several other multinational telecoms.
He sits or has sat on the Boards Polish subsidiaries of many non-Polish multinationals such as British Oxygen (BOC plc), British Plasterboard (BPB plc), Siebe plc and Invensys plc.
Since November 2008, he has been Deputy Chairman of the Telecommunications Operators Section of the Domestic Chamber of Commerce (KIGEIT).
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