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Digital Business Lawyer

Volume: 15 Issue: 8
(August 2013)


A number of leading US advertising networks have adopted best practice guidelines to address piracy and counterfeiting, released on 15 July. The voluntary standards aim to reduce online infringement by eliminating the financial incentives and provide rights holders with a way to get rogue sites removed from ad networks. / read more

Details of a High Court judgment were released on 4 July, regarding the issuing of an interim injunction to protect confidential information in Whitmar Publications Ltd. v. Gamage, requiring three ex-employees to facilitate control to Whitmar of LinkedIn groups they operated whilst working for Whitmar, which they allegedly used to source email addresses for their competing company. / read more

The Vietnamese government issued Decree 72/2013/ND-CP on the management, provision and use of internet services and online information dated 15 July, which aims to regulate social network activities. / read more


On 15 July 2013, the Tracking Protection Working Group of the World Wide Web Consortium (W3C) decided to retain its choice of base text for the draft of the international standard for Do Not Track (DNT). / read more

E-Commerce Law & Policy published an article in November 2011 entitled ‘Cloud Computing: myths & realities of the USA Patriot Act,’ by Benjamin May of Aramis Law, who went on to examine whether the US government could access the data of businesses that outsource their IT systems. In light of recent revelations regarding the apparent collection of European citizen data by US intelligence services via the USA Patriot Act and the PRISM program, May, alongside Annabelle Carton, revisit this issue and discuss the options for businesses now looking to reduce the risk of intrusion, as well as at how the European Commission may respond through the upcoming Data Protection Regulation. / read more

In October 2012, I was invited by Keir Starmer QC, the Director of Public Prosecutions (DPP), to attend a roundtable meeting regarding drafting guidelines on the prosecution of cases involving communications sent by social media. Following that meeting, interim guidelines were issued in December for which, as part of the public consultation, the DPP invited me to provide my views, which I went on to submit for consideration prior to the final guidelines being published. / read more

The Chinese government released draft amendments to China's consumer protection laws aimed at strengthening the protection of consumer rights particularly regarding e-commerce. The proposed amendments if brought into force will impact e-commerce and platform providers. Dr. Falk Lichtenstein, Counsel at CMS Hasche Sigle, China, analyses the amendments put forward and steps to be taken by business operators. / read more

Following a referral to the Court of Justice of the European Union by the National High Court in Spain, on a case in which the Spanish Data Protection Supervisory Authority ordered Google to remove from its search results references to an individual's social security debts, the ECJ's Advocate General issued an Opinion on the case. The Opinion has relevance for the principle of the 'right to be forgotten,' as Cecilia Álvarez, Of Counsel at Uría Menéndez, explains. / read more

A recent case appearing before the Court of Justice of the European Union (CJEU), has examined the appearance in a website's metadata of a competitor’s domain name and metatags - HTML tags typically invisible to end users that indicate a webpage's content for search engines to read - and whether this should be considered advertising within the scope of Article 2 of the Comparative Advertising Directive. Oliver Bray, Partner at Reynolds Porter Chamberlain, examines the case and the decision made. / read more

The e-commerce scenario in Brazil has been in a state of fast-paced, constant growth for the last 10 years. Research indicates that between the years of 2001 through to 2012, the annual revenue of e-commerce has grown from half a billion to more than R$ 22 billion. And this amount does not even take into consideration the commercialisation of cars, air tickets and online auctions, such as ones similar to eBay. In the same period, companies such as Amazon, GroupOn, and the Apple Store have envisioned the size of the market and arrived in Brazil. The country already has more the 70 million internet users, with a penetration rate of 37%, which is bigger than China, the largest market in the world. What is impressive is that from the total of Brazilian users, 43 million - almost 60% percent of all users in the country - are frequent e-commerce buyers, a rate that has been growing more than 30% per year in the last 10 years. / read more

On 9 July, European Commission officials conducted unannounced inspections at the premises of various telecommunications companies which provide internet connectivity services as part of their business offering. It would appear that concerns about anticompetitive practices may have contributed to the reasoning behind the inspections. Paul Stone and Elora Mukherjee, of Charles Russell, consider these concerns. / read more

On 27 June 2013, the US Federal Communications Commission (FCC) adopted a Declaratory Ruling confirming that wireless carriers have an obligation to secure and protect customer proprietary network information (CPNI) collected and stored on mobile devices, if the CPNI is collected at the carrier's direction and the carrier has access to or control over the information1. The FCC's decision could have ripple effects throughout the mobile ecosystem. / read more

E-Commerce Law & Policy explores net neutrality 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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