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Digital Business Lawyer

Volume: 16 Issue: 10
(October 2014)


The Article 29 Working Party (WP29) issued on 22 September, Opinion 8/2014 on the Internet of Things (IoT), which highlights the privacy and data protection (DP) challenges posed by the IoT and puts forward recommendations to help stakeholders comply with current EU data protection legislation for the development of a sustainable IoT. / read more

The presidency of the EU Council of Ministers released on 11 September a paper aimed at encouraging debate on the enforcement of intellectual property rights, particularly the need to clarify the extent to which due diligence obligations such as Know Your Customer (KYC) requirements should be imposed on intermediaries. / read more

US Congressmen Reps. Eric Swalwell and Brad Sherman introduced on 16 September the draft Consumer Review Freedom Act, aimed at prohibiting businesses from adding ‘non-disparagement’ clauses to contracts, which impose restrictions or fines on consumers who write online reviews of their business. / read more


In the September 2013 issue of E-Commerce Law & Policy, Paula Barrett of Eversheds LLP discussed the European Commission’s then newly published draft Regulation on electronic identification and trust services for electronic transactions, aimed at making it easier to verify identities online and improve harmonisation. With the regulation now agreed and many of the provisions set to come into effect on 1 July 2016, Paula analyses how the text has shifted over the course of the last year, and the concerns that still remain. / read more

The German government passed its ‘Digital Agenda 2014-2017’ on 20 August, which is designed to have a positive impact on all aspects of German society. Heinz Benesch of Bird & Bird outlines the specific goals of the Agenda and the reaction in Germany so far. / read more

The dispute between Uber and London’s cabbies rumbles on, and as Transport for London (‘TfL’) attempts to keep the peace, this article looks at what the fuss is all about. By Vanessa Barnett of Charles Russell, and Louise Tomlinson, In-house Solicitor at / read more

The Federal Attorney General’s Online Copyright Infringement Discussion Paper (the ‘Paper’) proposes reforms to the Copyright Act 1968 (Cth) to address the Government’s growing concern about the impact of copyright infringement on the Australian economy. Responses to the Government’s proposed reforms are unsurprisingly divided, particularly with respect to authorisation liability, as David Smith and Lauren Gore of Corrs Chambers Westgarth explain. / read more

Germany’s data protection law can be an enormous challenge for app developers and vendors. One key characteristic is the extensive use of imprecise legal terms and unclear definitions at essential passages, the interpretation of which is left to the (national) courts. There is only a very limited amount of case law, and case law rulings vary, leaving room for different interpretations by legal experts and by the state data protection authorities (‘DPAs’). It is not surprising then that the guidelines1 by the Düsseldorf working group, consisting of all German DPAs competent for the private sector, were awaited with suspense. The document is aimed at developers and vendors of mobile apps, and has the purpose ‘to illustrate data protection and technical requirements and to make them understandable.’ By Kathrin Schürmann and Roman von der Heide of Schuermann Wolschendorf Dreyer Rechtsanwaelte. / read more

E-Commerce Law & Policy explores the data ownership and interoperability issues applicable to the Internet of Things (‘IoT’), with contributions from four experts. / read more

The Hungarian Parliament has adopted an omnibus law - Act CCXLV of 2013 on the Amendment of Specific Acts to Protect Children. New rules have been introduced for the wider use of content classification; wider availability and use of parental controls; and more effective takedown of inappropriate material. To achieve these goals, amendments were made to Act CLV of 1997 on Consumer Protection; (ii) Act C of 2003 on Electronic Communications; and (iii) Act CVIII of 2001 on Electronic Commerce and on Information Society Services. The implementation of the objectives will be monitored by the Internet Roundtable for the Protection of Children. Regulators and consumers expect that the new principles will deliver a safer digital environment for children; however, it is up to industry to develop best practices and the tools necessary to comply. By Márton Domokos of CMS. / read more

The UK’s Financial Conduct Authority (‘FCA’) carried out a review into how far price comparison websites (‘PCWs’) for general insurance products have adhered to its 2011 Guidance. Sam Bishop of RPC provides an overview of the FCA’s findings and the action PCWs are expected to take as a result. / 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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