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Digital Business Lawyer

Volume: 16 Issue: 1
(January 2014)


The Attorney General Pedro Cruz Villalón of the CJEU issued his opinion on the cases of Ireland and Austria against the Data Retention Directive on 12 December, recommending that the Directive be deemed ‘incompatible with the Charter of Fundamental Rights.’ / read more

The EU Commissioner for the Digital Agenda, Neelie Kroes, said that she supports the proposed reforms to the data protection framework that would enable companies to process pseudonymised (part anonymised) data without consent where there is ‘legitimate interest’ in doing so, in a speech delivered on Kroes’ behalf at the IAPP Data Protection Congress in Brussels on 11 December. / read more

Entities selling online advertising to Italian firms will need to be registered for an Italian VAT number, under new legislation passed by the Italian government on 27 December. / read more


A lawsuit was filed in a Californian federal court on 2 January on behalf of two Facebook users, who aim to begin a class action against Facebook over allegations that Facebook mines data derived from links sent through the site’s private messaging function. / read more

The European Commission released a ‘Public Consultation on the Review of the EU Copyright Rules’ in December, which seeks to ascertain whether further harmonisation of EU copyright laws is necessary. Ted Shapiro, Partner and European copyright law expert at Wiggin LLP, Brussels dissects the Commission’s Consultation and looks in detail at responses to a number of questions posed by the Commission. / read more

In the wake of the PRISM scandal, the potential weaknesses of the US-EU Safe Harbor framework are once more under the spotlight. Rocco Panetta of Panetta & Associati Studio Legale outlines the concerns and the likely next steps in determining the framework’s future. / read more

The ‘Internet of Things’ – the interconnectivity of all kinds of devices, from tablets to televisions, on a huge scale – is increasingly entering both the lives of consumers and businesses, presenting challenges for governments as well as changes in how we as a society live. Ben van Lier, Director of Strategy & Innovation at software solutions, IT outsourcing, business process outsourcing and staffing services company Centric, outlines the functioning of the Internet of Things, the changes it will usher in, and why EU governments must alter their traditional vision of industrial production to accommodate it. / read more

South Korea boasts a well-established e-commerce market and yet has one of the most rigid regulatory regimes in the world placing restrictions on players entering the Korean market. Dong Shik Choi, Brian Tae-Hyun Chung and Sangchul Park of Kim & Chang law firm in Korea, provide an overview of Korea’s e-commerce laws and regulations. / read more

On 5 December 2013, the Commission Nationale Informatique et Libertés (or CNIL), the French Data Protection Authority, issued a deliberation concerning the use of cookies, and published a video for web users concerning cookies. The CNIL also made available for free on its website open-source software (called ‘Cookieviz’) allowing users to identify cookies during a website visit. By Marc Lemperiere, Of Counsel at Bignon Lebray Avocats. / read more

Content owners have long been able to control how their digital content is distributed and defend any infringement in the courts. However, following the UsedSoft v. Oracle decision, which restricted businesses' ability to prevent the second-hand sale of their software in certain circumstances, the door has been left open for similar principles to potentially be more widely applied to the re-sale of digital content. Tom Harding and Ruth Hennessy of Osborne Clarke discuss the current state of play for digital content owners, and look at future developments that may demand legal clarification. / read more

On 1 July 2013 the European Commission (EC) presented to the European Parliament (EP) and to the Council of the European Union (EU) the text of a proposal for a Directive on electronic invoicing in public procurement. The proposal is currently subject to the evaluation and approval process by the Council and the EP before entering into force, possibly and hopefully in 2014. The rationale behind the proposal is to allow the efficient exchange of e-invoices in cross-border public procurement in EU countries, i.e. when the contractor and the contracting authority are established in different Member States. The topic will be increasingly relevant in the near future if and when e-invoicing in public procurement becomes compulsory, as recommended by the EP to happen by 2016. By Davide M. Parrilli, Lawyer at time.lex. / read more

E-Commerce Law & Policy explores the hopes for 2014 in four jurisdictions. / read more

By Tahir Basheer and Ben Harvey of Sheridans. / 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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