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Digital Business Lawyer

Volume: 14 Issue: 11
(November 2012)


The Office of Fair Trading (OFT) released its response to the Government consultation to reform the UK’s consumer protection laws in regards to the supply of goods, services and digital content on 17 October. / read more

Web service provider Yahoo announced on 26 October that it will ignore the Do Not Track (DNT) signal on the Internet Explorer 10 browser, following Microsoft’s decision to install DNT anti-tracking settings as default on its new browser. / read more

Apple begins a legal challenge against the Song-Beverly Credit Card Act in California’s Supreme Court on 7 November, in an attempt to overthrow the law designed to restrict the amount of personal information required to make a credit card purchase, and its applicability to e-commerce. / read more


Regardless of how frustrating early adopters are finding the 4G network from EE, launched on 30 October, it is safe to say that many will at least appreciate that the UK has at last gained access to high-speed mobile internet. / read more

Earlier this year, the UK Government announced its intention to ban surcharges on credit and debit cards that are excessive (i.e. which exceed the actual costs of handling the payment). Since then, the Government has held a consultation1, taking responses to the Government's proposal for introducing this ban through an early implementation of Article 19 of the European Union's Consumer Rights Directive2 (the 'Directive'). / read more

Google consolidated more than 60 of its privacy policies into a new set of rules that became effective on 1 March 2012. This reworking of privacy rules, which apply to popular services such as Gmail, Google Search and YouTube, was not without controversy, and at a European level, the French Data Protection Authority was tasked with investigating Google's compliance with EU privacy regulations. Raphael Dana, a Partner at Sarrut Avocats, discusses the result of this investigation and the Authority's recommendations. / read more

Whilst Premium Rate Services remain a lucrative route to market worth £800m in 2011, companies throughout the value-chain continue to fall foul of UK regulations, attracting fines of up to £250,000 per breach, censure, restricted operations and, in some cases, preclusion from the market. James Hyde, James Walsh, and Chloe Dockerty, of Eversheds, discuss the regulatory back drop and latest companies to receive sanctions. / read more

Utilising social media to encourage brand interaction takes control of the message away from the advertiser and as such opens up a new set of legal challenges. Alan L. Friel and Annie L. Albertson, of Edwards Wildman, discuss the Facebook Sponsored Stories case and the legal issues surrounding the use of user generated content in connection with advertising and promotions. / read more

With each emerging technology comes another tale of science-fiction-become-fact. The US Federal Trade Commission's (FTC) recent guidance on facial recognition technology is no exception. The FTC's 22 October 2012 report, Facing Facts: Best Practices for Common Uses of Facial Recognition Technologies1, presents facial recognition technology as an evolving tool with potentially serious risks, and offers guidance to industries seeking to integrate it into their businesses. / read more

Smartphone applications are a new route to market for businesses, but they touch on many grey areas that need to considered in regards to intellectual property rights. Steven James, an Associate, and Ruth Arkley, a Trainee Solicitor at Latham & Watkins, examine the risks that can arise with regard to IP rights in apps, and consider the methods used to protect IP in this area. / read more

A growing trend of patent infringement litigation has emerged in the world of technology start-ups, which has offered a potentially lucrative payday for a non-practising entity (NPE, a patent owner who does not manufacture or use the patented invention, but seeks to enforce its right through the negotiation of licenses and litigation1), otherwise known as a 'patent troll'. 'Patent troll' has been used since 1993 as a term for the purchaser of the patent, often from a bankrupt firm, who sues another company claiming that one of its products infringes on the purchased patent, however it never intends to manufacture that product or supply the patented service. / read more

Antitrust: Visa/MasterCard litigation

Online piracy: DOJ website take-down

Data privacy: Netflix privacy litigation

/ 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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