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Digital Business Lawyer

Volume: 16 Issue: 3
(March 2014)


The European Commission announced that it will conduct an ‘in-depth review’ of the risks presented by conflicting laws and jurisdictions that apply online, in a Communication entitled ‘Internet Policy and Governance’ released on 12 February. / read more

The Federal Communications Commission (FCC) announced on 19 February that it will create new regulations around net neutrality, following the 14 January decision by the US Court of Appeals for the District of Columbia Circuit which struck down all but one of the FCC’s Open Internet rules in Verizon v. FCC. / read more

US Attorney General Eric Holder called on 24 February for a national data breach notification law, with exemptions if no private data is compromised, in reaction to cyber attacks “becoming all too common.” / read more


Ted Shapiro, a European copyright law expert and Head of Wiggin’s Brussels office, analyses the Svensson case in detail and whether hyperlinking involves the right of making available to the public as set out in the Copyright Directive, and the potential impact of the CJEU’s decision. / read more

The scope of the European Commission's proposed Network and Information Security (NIS) Directive has been narrowed by amendments put forward by the Committee on Civil Liberties, Justice and Home Affairs (LIBE) and by the Internal Market and Consumer Protection Committee (IMCO). These amendments have removed entities such as e-commerce platform providers from the Directive’s remit. Mark Webber of Osborne Clarke discusses these changes and what they mean for the Directive. / read more

The German e-commerce industry will have to test online advertisements for products that typically appeal to minors against the rationale expressed in a recent judgment of the German Federal Court of Justice. The Court considered a German language online ad for virtual items drafted in the informal German imperative address and enabling purchases via a hyperlink to an online shop as a ‘direct exhortation to buy’ to children and thus unlawful. The decision is not yet legally binding. By Dr. Henriette Picot of Bird & Bird, Germany. / read more

The European Parliament’s Civil Liberties, Justice and Home Affairs (LIBE) Committee has proposed amendments to the Commission’s suggested new telecoms regulation, arguing that the new regulation needs to do more to protect net neutrality, as Toby Crick and Emma Charlton of Bristows LLP explain. / read more

Science and technology have progressed to the point where what we build is only constrained by the limits of our imagination. This means that the inventions, discoveries, and innovations that unfold before us in the next ten years will continue to shock and amaze. It also means that we need to spend more time thinking forward and exploring what the decade might hold. Brian David Johnson, Chief Futurist at Intel, explains why we must ask how the issues of net neutrality, taxation of the digital economy and regulating the internet of things will be resolved and how we will deal with the technologies and regulatory challenges just over the horizon. / read more

The concept of the Data Retention Direction never enjoyed much support in Austria. After a first draft to implement the Directive (2006/24/EC of 15 March 2006) failed, it was left up to a fundamental rights agency to draft the implementation laws and to construe a unique data exchange interface that met the requirements of law enforcing agencies (‘LEA’) and privacy advocates. By Maximilian Schubert, General Secretary of the Internet Service Providers Association (ISPA), Austria. / read more

Tax changes and proposals over the past few months - Bitcoin, the UK Patent Box, OECD Digital Economy & BEPS, and VAT. By Aredhel Johnson of Squire Sanders. / read more

Developers of mobile apps need to adhere to data protection/privacy considerations, but on the other hand are also required to create products that are user-friendly and elegant. A method of maintaining this balance is to utilise just-in-time notifications, messages that ask the app user for consent just before the app requires that information for the next part of its functionality. In December 2013, the UK’s Information Commissioner’s Office published its ‘Guidance for App Developers,’ which examined the legal considerations around mobile apps and how to minimise excessive data collection, including the use of just-in-time notifications, as Philip James and Anuj Goyal of Pitmans SK Sport and Entertainment LLP discuss. / read more

E-Commerce Law & Policy explores crowdfunding 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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