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Digital Business Lawyer

Volume: 15 Issue: 9
(September 2013)


The European Commission (EC) published on 30 August a statement critical of the discrepancies between Member States’ regulatory systems in the EU telecoms market, which it claims are damaging investment and competition in the sector and limiting ‘fast’ broadband roll out. The statement proposes issuing further guidance to regulators in order to ‘adapt regulatory practice to technology developments while giving better incentives to all companies to invest in Next Generation networks.’ / read more

The New Zealand Parliament passed into law a new Patents Bill on 28 August, which broadly exempts computer software from patentability. ‘Computer programs as such’ are excluded from patentability, which means ‘if the actual contribution made by the alleged invention lies solely in it being a computer program,’ it is excluded from patentability. / read more

A summary of proposed changes for Version 3.0 of the Payment Card Industry Data Security Standards (PCI-DSS) was released on 15 August by the Payment Card Industry Security Standards Council, to be finalised in November and effective on 1 January 2014. / read more


Germany’s Federal Court of Justice (‘Bundesgerichtshof’, ‘BGH’), ordered on 17 July the operator of the online game ‘Runes of Magic’ to stop using language it considered to be a direct exhortation to children used to advertise additional in-game content. / read more

The Consumer Rights Directive will bring significant changes to the EU's e-commerce landscape and standardise national legislation across Member States. Tom Harding, Ruth Hennessy and Tim Rupp of Osborne Clarke discuss the aims of the Directive and highlight some of its key provisions and practical implications for online businesses. / read more

Decree 52 on the regulation of e-commerce in Vietnam came into force on 1 July, and marks the continued attempt by lawmakers to create a comprehensive legal framework for e-commerce. Tran Manh Hung, Principal and Director at BMVN International LLC, explores the development of e-commerce laws in Vietnam. / read more

The struggle between an employer and a number of ex-employees over the ownership of LinkedIn groups and their contacts in the case of Whitmar Publications Ltd v. Gamage & Ors highlights the legal ambiguity caused by the proliferation of social media in a business context. Ashley Hurst and Jack Gilbert of Olswang LLP analyse the case so far and the practical solutions for companies to protect their social media assets. / read more

The Italian Communication Authority (AGCOM) issued on 25 July a Draft Regulation aimed at introducing additional measures for the notice and takedown of infringing online content. The Draft Regulation marks AGCOM’s third attempt to introduce additional copyright protection measures for the digital world into Italian law and has raised concerns about the ability and authority of AGCOM to regulate this space, as Daniela De Pasquale, Partner at D&P Studio Legale, explains. / read more

Mobile health, known as 'mHealth,' encompasses healthcare services engaged or accessed via mobile devices, and provides new challenges for the European Union in ensuring that access to healthcare services by portable means is enjoyed by its citizens, and in ensuring a harmonised and practical regulatory background for mHealth services. Dr. Dóra Petrányi and Dr. Márton Domokos, of CMS Cameron McKenna LLP, examine existing mHealth initiatives in the EU and how the regulatory framework of the EU currently applies to mHealth services. / read more

The European Commission published its Draft Regulation on electronic identification and trust services for electronic transactions in the internal market in June 2012, aimed at making it easier to verify identities online and improve harmonisation. Paula Barrett, of Eversheds LLP, analyses recent amendments suggested by the LIBE Committee’s rapporteur. / read more

E-Commerce Law & Policy explores social media regulation 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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