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Digital Business Lawyer

Volume: 16 Issue: 2
(February 2014)


The scope of the European Commission’s (EC) Network and Information Security Directive (NIS) has been limited by amendments put forward by the European Parliament’s (EP) Committee on Civil Liberties, Justice and Home Affairs (LIBE), which in its 15 January Opinion declared that only cloud service providers storing critical EU infrastructure data should be subject to the new security requirements the NIS Directive would introduce. / read more

An omnibus Bill, which includes amendments to the regulation of the internet in Turkey, was approved by the General Assembly of the Turkish Parliament on 5 February. The Bill, which would require ISPs to retain traffic information, will give the government authorisation to access that traffic information and enable the blocking of websites without the need for a court order, now awaits the approval of the President. / read more

The US Court of Appeals for the District of Columbia Circuit struck down on 14 January all but one of the FCC’s Open Internet rules, deciding in Verizon v. FCC that the non-discrimination and no-blocking aspects of the rules are unlawful. / read more


The Federal Trade Commission’s (FTC) announced enforcement action against 12 companies alleged to have violated their commitments to the US-EU Safe Harbor framework is the first such action since 2009 when six companies were sanctioned for failing to renew their public obligations to the framework. Damon Greer, Director of USA-EU & Swiss Safe Harbor Frameworks from July 2006 - September 2011, asks whether these actions prove that the enforcement component of the framework has teeth. / read more

On 1 August 2013, Russia introduced a revolutionary new anti-piracy law, allowing copyright holders to block websites if they contain infringing content or if the website links to infringing content. The new law gives substantial clout to copyright owners but has been heavily criticised by the internet community as being too draconian. David Aylen and Marina Zakharova of Gowlings International discuss the law, the powers it gives to copyright owners, and the criticisms so far. / read more

Pseudonymisation bridges the gap between personal and anonymous data, being personal data under EU law but data that is at least difficult to link to a particular individual. The use of this type of data has, according to proponents, multiple benefits, but in the context of the draft EU Data Protection Regulation, the regulatory landscape for pseudonymisation is not yet fully decided. Victoria Hordern, Legal Director at Field Fisher Waterhouse LLP, describes the debate around regulating pseudonymisation, and argues that to disproportionally burden businesses seeking to properly use this kind of data could be counterproductive. / read more

The United States Court of Appeals for the District of Columbia Circuit’s decision in Verizon v. FCC, in which the Court struck down all but one requirement of the Federal Communication Commission’s ‘Net Neutrality’ rules was not shocking, but may well have a major impact on the future of net neutrality in the US. The Court’s ruling may also have consequences for the FCC’s wider regulatory agenda. Todd D. Daubert, a Partner at Dentons, analyses what the Court’s decision means for the FCC going forward, and whether legislative amendments may be needed to better handle issues relating to broadband services. / read more

The buying and selling of services over the internet has become ubiquitous. This article provides an update on the efforts of the South African Revenue Service (‘SARS’) and National Treasury (‘Treasury’) to bring foreign e-commerce suppliers on to a level tax playing field, by requiring them to register under the Value-Added Tax Act 1991 (‘the VAT Act’). By Betsie Strydom, Director of the Tax Practice, and Robert Hare, Associate, at Bowman Gilfillan, South Africa. / read more

Ensuring IP protection remains important for e-commerce businesses; the need to protect IP internationally in jurisdictions where a business might in the future operate has increased in importance given recent developments in Anglo-China business relations. Jeff Shieh of foreign filing provider inovia explains best practices for maximising patent protection on a wide scale, and provides analysis of global patent filing trends. / read more

After significant planning and lengthy application stages following its launch in 2011, the Internet Corporation for Assigned Names and Numbers’ (ICANN) New gTLD (generic top-level domain) Program has begun to introduce the first of the estimated 1400 new TLDs. This latest development is part of an ongoing process, which, due to its pioneering nature, is evolving as it unfolds. By Verity Ellis and Jennifer Heath at D. Young & Co, London. / read more

E-Commerce Law & Policy explores the investment trends in 2014. / read more

By Ashley Hurst and Emma Cross of Olswang LLP. This article was previously published on the E-Commerce Law & Policy homepage in February-March 2014. / 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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