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Digital Business Lawyer

Volume: 15 Issue: 10
(October 2013)


The European Commission’s (EC) proposal for an optional Common European Sales Law (CESL) for consumers and businesses received approval from the European Parliament Committee for Legal Affairs (JURI) on 17 September. / read more

The EC announced on 11 September its plans to reform the EU telecoms market, proposing to scrap all roaming charges by 2016 and protect net neutrality by ensuring best-effort internet access for all, while simultaneously allowing telcos and content providers to form defined quality of service agreements that prioritise specialist services as long as the ‘general quality’ of internet access services are not impaired. / read more

The New York Attorney General Eric T. Schneiderman published on 23 September his investigation into ‘astroturfing’ - the practice of employing writers to create fake online reviews - announcing that 19 companies had agreed to end the practice and pay over $350,000 in fines. / read more


As Issue 5 of our sister publication E-Commerce Law Reports starts to be compiled, full of the most significant case law analysis affecting e-commerce in the past two months, it is worth reflecting on the plethora of e-commerce case law that continues to shape the development of the online world and continues to define the rails on which online business continues to hurtle. / read more

Deutsche Telekom announced in April plans to limit ‘heavy users’ of the internet by capping data downloads and restricting those users to a slower internet speed unless they pay additional fees. Deutsche Telekom’s actions led to plans for a German regulation on net neutrality. To add to this debate the European Commission recently made public proposed reforms to the EU telecoms market, which include draft net neutrality rules. Professor Norbert Wimmer of White & Case LLP discusses both the German government’s draft proposal and that of the EC, and examines how both seek to define what is permissible by ISPs, in order to protect net neutrality. / read more

On 25 August, Regulation No 611/2013 on the measures applicable to the notification of personal data breaches under Directive 2002/58/EC on privacy and electronic communications came into force. The Regulation clarifies when the reporting of breaches by telecommunication and internet service providers is required. Paula Barrett and Liz Fitzsimons of Eversheds discuss the significance of the Regulation. / read more

As online advertisers seek to find new and inventive ways to reach target audiences, ‘native advertising’ - ads placed in such a way that they appear to be part of the format of the place in which they appear - are growing in popularity. Yet these ads may pose legal risks for advertisers if the audience cannot tell when specific content is advertising. This concern has led the Federal Trade Commission to take an interest in this area. Gonzalo E. Mon, a Partner at Kelley Drye & Warren LLP, explains how advertisers employing ‘native advertising’ techniques could run into danger and discusses the FTC’s involvement in this area. / read more

Data protection has been something of a focus for Asian law-makers recently. The ASEAN region is one of the most active in the world for new data legislation with the three most recent laws being enacted in the Philippines, Malaysia and Singapore. Matt Pollins, Associate at Olswang Asia, examines the developments and what this means for businesses with a presence in Asia or targeting Asian customers. / read more

The UK government responded to various consultations on the issues around IP law, including the Hargreaves review, by producing its report entitled ‘Modernising Copyright’ in December 2012. This report puts forward several copyright exceptions now included in draft legislation, of which a number have direct implications for the online world. Lorna Brazell, a Partner at Osborne Clarke, discusses the exceptions and the recent Parliamentary review. / read more

In May 2013 the National People’s Congress of the People’s Republic of China (‘NPC’) released the first draft of the Amendments to the Law on the Protection of Consumer Rights and Interests (‘First CPL Draft’) to solicit public comment. On 6 September 2013 the NPC issued the second version of this draft (‘Second CPL Draft’), for public comment until 5 October 2013. The Second CPL Draft includes changes that will be highly important for e-commerce business operators selling consumer products in China. / read more

E-Commerce Law & Policy considers the shape of e-commerce ten years on. / 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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