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Digital Business Lawyer

Volume: 15 Issue: 11
(November 2013)


The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs voted to adopt a revised Compromise Text for the proposed General Data Protection Regulation on 21 October, which includes proposals to allow transfers of data outside the EU if both organisations hold a valid European Data Protection Seal. / read more

Illinois’ Supreme Court affirmed on 18 October that Illinois’ Main Street Fairness Act 2011 - a ‘click-through’ nexus statute requiring out-of-state internet sellers to collect sales tax if they commission to Illinois affiliates who link to the retailer’s website - is preempted by the federal Internet Tax Freedom Act (ITFA) and is therefore unenforceable. / read more

Belgium’s Federal Public Service Economy (FPS Economy) regulator announced on 30 October that it will sue Sabam, the Belgian association of authors and publishers, unless Sabam ends its own legal bid, begun in May, which would require three Belgian ISPs to pay a levy for providing access to copyrighted works online. / read more


The European Commission set up an expert group for the creation of a set of cloud computing contract terms in October, a key action in its strategy for unleashing the potential of the cloud in the EU. / read more

On 2 September dance music label Ministry of Sound (‘MOS’) launched proceedings against the music streaming service Spotify, asking the UK High Court for an injunction in order to force Spotify to remove playlists made by Spotify users that exactly match the content and sequencing of MoS' dance music compilation albums. MOS' complaint is that these user playlists infringe on MOS' copyright in its track listings. Vanessa Barnett and Victoria Holvik, of Charles Russell, discuss MOS' action and the challenges that lie ahead for MOS in attempting to prove that track listings of compilation albums are in themselves deserving of copyright protection. / read more

After treading a rocky road to reach this point, the Civil Liberties, Justice and Home Affairs Committee of the European Committee adopted its own proposed draft of a new Data Protection Regulation on 21 October. The new draft aims to modernise the law around data protection throughout the EU and will, if implemented, have substantial consequences for online business. Samantha Sayers and Phil Lee of Field Fisher Waterhouse analyse the key features of the Compromise Text agreed on by the Committee and its potential effects on e-commerce. / read more

Serbia's Law on e-commerce ('the Law') (Official gazette RS 41/2009) was enacted in June 2009 and is based on the EU Directive on e-commerce (2000/31/EC). It has been applicable since 10 June 2009 and marked the first time that the internet based economy has been regulated in Serbia and service providers have been held accountable; consumers are now better protected. Before we look at some of the recently implemented amendments to the Law let's see what the current framework holds. / read more

Can the Digital Millenium Copyright Act ('DMCA') be used to remove content that may not infringe copyright interests, but that the 'copyright owner' disapproves of? What options are available to an internet service provider that receives such a takedown request? A recent incident involving a blogger, the organisation 'Straight Pride UK' and online service provider WordPress brings these questions to the forefront as Kathy Ossian of Ossian Law PC explains. / read more

The Office of Fair Trading announced in August that it was minded to close its formal investigation into Amazon’s use of platform price parity clauses; these stipulated that Marketplace sellers would not be able to sell products at prices any higher than the lowest price the product was sold for by that seller on other non-physical sales channels. Diarmuid Ryan of Squire Sanders discusses the investigation and other regulatory action on pricing clauses. / read more

The creation of a single court in which patent disputes for the whole of Europe can be decided has caused significant concern for companies across a wide variety of industries regarding the potential for abuse of the system by so-called patent trolls. Hiroshi Sheraton, Partner at McDermott Will & Emery UK LLP, reflects on those concerns and the obstacles to the widespread adoption of the Unified Patent Court. / read more

The European Commission has taken some radical steps to ensure compliance by online providers of digital content following a 'sweep' of 330 websites that make available digital content across the EU. The sweep analysed areas such as contract terms and availability of contact information. James Gill and Bryony Compson, of Lewis Silkin LLP, examine the background to the sweep and its findings. / read more

E-Commerce Law & Policy explores e-government developments in four jurisdictions. / 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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