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Digital Business Lawyer

Volume: 13 Issue: 3
(March 2011)


With two months to go until the 25 May deadline for the implementation of the 2009 EU e-Privacy Directive, the UK Government has again indicated it is looking into the browser settings option to comply with the Directive's 'consent' requirement for cookies (a small text file used to save preferences and track browsing behaviour). / read more

South Africa is preparing for a new consumer protection regime, since the Consumer Protection Act (CPA) is set to come into force on 1 April 2011. The CPA, which was signed into law in April 2009, "is not just another Act," said Gerrie Van Gaalen, Partner at Van Gaalen Attorneys. "It will ensure that suppliers deal with consumers without withholding important information." / read more

Software giant Microsoft announced on 3 March it will no longer review complaints regarding possible trademark infringement concerning the use of keywords in online ads - so they are ranked higher than their competitors - on the company's Bing search engine and on Yahoo's search service. / read more


A proposed EU Directive that would introduce the possibility for Member States to block certain types of website associated with child pornography has created more confusion than solutions. When amendments to the Directive replaced the obligation to block by the possibility to do so, alarm bells rang EU-wide. Fair enough, compulsory website-blocking was extreme to start with, but what does 'possible' blocking even mean? / read more

UK / read more

Recent developments in EU trademark case law, especially regarding the management of online marks, has put into question the traditional analysis of the functions of trademark law. Désirée Fields, Associate at McDermott Will & Emery UK LLP, discusses how EU trademark regulation has adapted or should adapt to recent legal developments. / read more

The development of pay TV has brought to light growing concerns over content and competition, an important change in focus from the traditional 'capacity' and network access preoccupations. Adrien Cervera-Jackson, of Charles River Associates, discusses how public regulation is being used to solve the discussion over 'fair and effective competition' in the pay TV sector. / read more

The Office of Fair Trading (OFT) released a statement in January this year stating that 'online advertising and marketing practices that do not disclose that they include paid-for promotions are deceptive under fair trading laws...This includes comments about services and products on website blogs and microblogs such as Twitter. We expect online advertising and marketing campaigns to be transparent so consumers can clearly tell when [they] have been published in return for payment.' Although this is a clear policy statement from the OFT, it has not driven any recent change in regulation. The impetus seems more likely to be driven by an increased policy-led desire to enforce a regime that already exists. / read more

Tablet computing was a hot topic at the recent 2011 FT Digital Media & Broadcasting Conference in London, where commentators discussed how it is helping to create a new business model for the provision of content. With commentators and businesses around the world rushing to create a presence on this new platform, Giles Pratt and Arthur Artinian, of Freshfields Bruckhaus Deringer LLP, examine the legal implications behind 2011's 'must have' technology. / read more

The use of the internet as a business medium has created the need for new service and supply agreements to facilitate the emergence of such a business. A series of three articles will provide a practical guide in relation to the more difficult issues which should be considered when contracts for website development and website hosting agreements are negotiated. Sam De Silva, Partner at Taylor Walton, discusses the legal issues businesses need to be aware of when developing their website. / read more

European Data Protection Intensive 2011
26-27 May 2011 Dexter House, Central London / read more

Copyright: MGN Limited & Ors v Alan Grisbrook
Defamation: M. X. v Google Inc., Eric S. and Google France
Adwords: Wintersteiger v Products 4U / 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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