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Digital Business Lawyer

Volume: 15 Issue: 6
(June 2013)


The US government’s internet surveillance programme Prism, which reportedly permits the NSA to collect and monitor huge amounts of personal information from internet companies including Google, Facebook and Apple, was made public on 6 June, prompting outrage across Europe. / read more

EU rapporteur Jens Rohde MEP published on 13 May an Opinion on the draft Regulation proposed by the EC to mutually recognise electronic identification (e-ID) schemes and trust services across Member States; Rohde advocates including security requirements within the Regulation. / read more

E-commerce legislation has been put on the agenda by two legislative bodies, announced Liu Hongliang, Head of Market Regulation at China's State Administration for Industry and Commerce, reported the China Daily on 27 May. / read more

Online news sites that regularly report on Singapore and have significant reach among readers in the country have to obtain a licence as of the 1 June. The new licensing framework introduced by Singapore’s Media Development Authority (MDA) aims to place online platforms on a more consistent regulatory framework alongside traditional media outlets. / read more


The OFT's recent report stems from its call for information in November 2012 to help it understand better how the use of consumers' information affects online markets. In particular, the OFT was interested in data-driven personalised pricing - when a trader charges different prices to different people for the same product based on 'observed, volunteered, inferred or collected' personal data. / read more

The Organisation for Economic Co-operation and Development (OECD) released in February a publication - 'Addressing Base Erosion and Profit Shifting' - with a view to developing an action plan to address the public debate over whether the current international tax rules ensure a fair allocation of taxing rights on business profits, particularly in the context of the digital economy. Ed Denny and Paul Dawson of Norton Rose Fulbright LLP, discuss the current system, the practicalities of a tax on online data usage put forward by the Colin and Collin report, and ultimately whether the concept of 'permanent establishment' needs updating in the wake of the digital world. / read more

Interflora, Inc & Interflora British Unit v. Marks and Spencer Plc & Flowers Direct Online Limited: [2013] EWHC 1291 (Ch) / read more

The European Small Claims Procedure (ESCP) came into effect at the beginning of 2009, with the goal of creating and setting common procedural rules for handling low value claims for cross-border transactions across EU Member States. There are concerns however that the ESCP may not be as effective as it was intended to be. Sara García Sánchez of Ecija examines the background to the ESCP and the obstacles to its efficiency and adoption. / read more

Regulatory intervention by government authorities to stem the illegal sale of drugs and counterfeit medicines online has resulted in millions of dollars worth of fines being imposed on the perpetrators, and has brought online pharmacies into the regulatory spotlight, especially in Thailand. A draft bill to replace the current Drug Act in Thailand is now being discussed. Dr. Atthachai Homhuan, Manager of Regulatory Affairs at Tilleke & Gibbins, discusses recent US regulatory enforcement action against an online phramacy hosted in Thailand and how illegal online phramacies are being combated. / read more

The Article 29 Working Party, an independent advisory body representing the European Union data protection authorities, recently issued an Opinion addressing data protection and mobile applications on smart devices. The Opinion clarifies how EU data protection law applies to the development and distribution of mobile apps and provides guidance on promoting industry compliance, as Nick Mathys and Oliver Neil of White & Black Legal LLP discuss. / read more

After some three years in the making, the Defamation Act 2013 received Royal Assent on 25 April 2013. It is likely to come into force later this year. Samantha Haigh, of Addleshaw Goddard LLP, highlights some of the provisions in the Act that are most pertinent to the online sphere, including the new defence for website operators, provisions limiting when action can be taken against a person who is not the author, editor or publisher, and the introduction of a single publication rule. / read more

E-Commerce Law & Policy explores the developments in mHealth 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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