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Digital Business Lawyer

Volume: 11 Issue: 11
(November 2009)


Online business leaders fear that a little noticed amendment to the e-Privacy Directive could have a profound impact on e-commerce. The Council of the EU adopted on 26 October a Directive amending, amongst others, the e-Privacy Directive. / read more

The Internet Corporation for Assigned Names and Numbers (ICANN) announced that domain names will be opened up to non-Latin characters at the Internet Governance Forum (IGF), held in Sharm El Sheikh on 15 to 18 November. / read more

The Luxembourg data protection authority (CNPD) approved at the beginning of November 2009 eBay's Binding Corporate Rules (BCRs), which will allow the company to transfer employee and customer data outside of the European Economic Area (EEA). eBay is the first e-commerce business to have received BCRs approval. / read more


Industry has kept quiet so far about an amendment to Article 5 of the e-Privacy Directive that requires obtaining the 'consent' of users before cookies and similar devices can be downloaded on their computers. / read more

Europe reaches agreement on right to disconnect internet users
EU Commission takes next step against UK Government over privacy
European Commission and OFT to tackle price discrimination in ecommerce
Dates for your diary / read more

The ECJ Advocate General recently gave his Opinion on three combined references from the French courts to the ECJ, relating to Google's AdWords service. Ben Allgrove, an Associate at Baker & McKenzie, considers the AG's views on the scope of the hosting defence in the e-Commerce Directive and what the implications would be for e-commerce if the ECJ endorses them. / read more

The Digital Britain Report called for proposals to create incentives for the cultural video games industry in the UK. Richard Wilson, CEO of TIGA, shares his views on the tax incentives needed to make the UK gaming industry more attractive and more competitive. / read more

ICANN recently signed an Affirmation of Commitments with the US DoC, meaning ICANN is no longer subject to the unilateral review by the DoC. Rupert Casey, Partner at Macfarlanes, examines to what extent the US Government has ceded control of ICANN. / read more

Varying VAT regimes in the EU have not only contributed to increasing complexity in the rules applicable to a particular transaction, but also to businesses relocating in Member States with 'more favourable' regimes. The VAT Package, which becomes effective on 1 January 2010, aims to standardise the 'place of supply of service' rule. Mathew Oliver, a Partner at Bird & Bird, examines the new VAT rules. / read more

Austria is in the process of identifying relevant markets in the telecommunications industry, in compliance with the Austrian Telecommunications Act. Max W. Mosing, a Partner at GassauerFleissner Rechtsanwälte GmbH, examines the implications of Austria's legislation and comments on the EU Commission's doubts on Austrian market definitions. / read more

The development of online social networking sites and blogs has created new channels for people to promote products and services. The FTC has issued revised guides, clarifying in what situations simple 'promotion' can become 'sponsored endorsements'. Scott W. Pink, an Attorney at DLA Piper, examines the revised guides and their impact on online advertising. / read more

Copyright infringement: Facebook v. Power Ventures
Advertising: AB Svenska Spel v Ladbrokes Gaming & Betting Ltd
Copyright infringement: Warner and Universal v / read more

About Digital Business Lawyer:

The monthly publication providing authoritative insights and thought leadership on the legal/regulatory issues affecting online business, covering distance selling, contracts, domain names, adblocking, advertising, cloud computing, net neutrality, e-privacy, data protection, cyber crime, the Internet of Things, social media, internet taxation and software / read more

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