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Digital Business Lawyer

Volume: 13 Issue: 6
(June 2011)


The Netherlands is about to pass a Bill that would guarantee its citizens net neutrality. On 24 May, the Dutch Minister for Economic Affairs, Agriculture and Innovation, Maxime Verhagen, announced in the Tweede Kamer, the Dutch House of Representatives, that he would amend the Dutch Telecommunications Act, as proposed by a Member of Parliament a week earlier. / read more

The UK Council of South Tyneside confirmed it has received personal data from the social networking website Twitter after the Superior Court of California ordered the website on 30 May to identify five of its users who had allegedly posted libellous statements about several South Tyneside Council Members. Twitter has handed over names, IP and email addresses as well as phone numbers. / read more

Piano Media, a Slovakian company grouping some of the country's main media platforms, has begun charging readers €2.90 (approximately £2.50) a month to access the content it provides. / read more


If you want to circumvent a so-called 'super-injunction' - a gagging order to prevent certain information from becoming public - it seems the internet has become the place to be. Many legal experts, judges and lawmakers are struggling with this dilemma after a confusing month in which a former model and a well-known football player made the headlines for all the wrong reasons. / read more

World / read more

The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 came into force on 26 May 2011, implementing Directive 2009/136/EC. These regulations introduce, amongst other things, the controversial obligation to obtain consent of users to cookies. Pierre-André Dubois, Partner at Kirkland & Ellis International LLP, examines the new rules. / read more

Australia has recently amended its laws governing online commerce in order to bring them in line with international law - specifically, United Nations regulations - and international online contractual standards. The Electronic Transactions Amendment Bill 2011, due to take effect in June, will increase certainty in the field of online transactions. Cheng Lim and Caroline Wong, of Mallesons Stephen Jaques, examine the content and scope of the Bill, and discuss its expected impact. / read more

The recent events surrounding the potential exposure of personal and financial information belonging to customers of Sony - one of the largest data breaches in history - has served to highlight, once again, the need for companies to implement comprehensive privacy and data protection policies. In this perspective, the concept of 'privacy by design' along with the development of some type of regulatory data security framework, are more than ever burning issues, especially in the US. Erin M, Egan, David N. Fagan and Stephen P. Satterfield, of Covington & Burling LLP, examine how data security breaches are impacting the prospects for a comprehensive privacy regulation in the US. / read more

The use of internet marketing to communicate health-related information about food and drugs in the US has resulted in more enforcement actions as well as class action lawsuits brought by private plaintiffs under state consumer protection laws. Leslie T. Krasny, Partner at Keller and Heckman LLP, discusses recent developments and strategies companies can follow to manage risk. / read more

An Irish court ruled last year that extracting data from a website can infringe the website owner's rights. The decision is a clear indication that the issue of web scraping is being taken seriously. Steven James, Associate at Latham & Watkins, discusses the lawfulness of web scraping and the legal issues surrounding it. / read more

Online publishing: AG v Associated Newspapers Ltd and News Group Newspapers Ltd
Twitter: Baskerville v Daily Mail and Baskerville v Independent on Sunday
ISPS: SGAE v Mr. Jesús Guerra Calderón / 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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