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Digital Business Lawyer

Volume: 16 Issue: 5
(May 2014)


The new UK Competition and Markets Authority (CMA), which has replaced the Office of Fair Trading and the Competition Commission, announced on 1 April that it will carry out a research project into the UK e-commerce sector, with CMA Chairman Lord Currie stating the project’s aim as being to “identify sectors of the economy where online commerce is developing more slowly than might be expected.” / read more

The Article 29 Working Party (WP29) adopted on 10 April Opinion 05/2014 on Anonymisation Techniques, stating that following the evaluation of common anonymisation techniques, those tested ‘fail to meet with certainty the criteria of effective anonymisation,’ therefore in the absence of a perfect solution a risk-based approach is advocated. / read more

US Federal Communications Commission Chairman Tom Wheeler responded to concerns that proposals contained within the FCC’s draft Open Internet Notice of Proposed Rulemaking would allow companies to buy priority lanes of traffic, in a blog post on 24 April, stating that the new proposal ‘would establish that behavior harmful to consumers or competition by limiting the openness of the Internet will not be permitted.’ / read more


In April the Court of Justice of the European Union ruled that the EU Data Retention Directive is invalid, a judgment that raises questions and has consequences for actors, including national legislatures and service providers, as Jim Runsten and Charlotta Emtefall of Synch Advokat AB explain. / read more

Government Bill No. 2,126/2011, also known as the ‘Marco Civil da Internet’ or the ‘Brazilian Legal Framework for the Internet,’ was approved by the House of Representatives on 25 March 2014. The law was approved by the Senate on 22 April 2014, and sanctioned, without any vetoes, by President Dilma Rouseff, and converted into Law No. 12,965/2014. The Legal Framework will enter into effect on 23 June 2014. The quick final progression of the Bill was largely due to pressure by the Government, which was striving for approval before the ‘NetMundial - Global Multistakeholder Meeting on the Future of Internet Governance,’ which took place in Brazil on 23 and 24 April. By Evy Marques and Marilia Bortolotto of Felsberg Advogados, Brazil. / read more

In the case of Your Response Ltd v. Datateam Business Media Ltd, the UK Court of Appeal found that information when stored in an electronic database is not property that one can possess. Lorna Brazell, Partner at Osborne Clarke, discusses the case and the verdicts at both first instance and at Court of Appeal, and explains why the case highlights the need for clear and complete contractual agreements when it comes to the transfer of a party’s databases for administration by another. / read more

The Australian Law Reform Commission released a discussion paper in October 2013 requesting submissions on a proposed statutory action for invasion of privacy. The paper asks for submissions on all aspects of the proposed cause of action, including circumstances where the action would be available, whether it should apply to all legal entities and what defences should be available. The paper does not propose any particular approach to the proposed cause of action, but gives weight to the findings of previous law reform commission inquiries into the issue. John Swinson and Isabel Kratzing of King & Wood Mallesons consider whether and in what form a safe harbour may be needed for internet service providers hosting content. / read more

On 18 March 2014, French law n° 2014-344 concerning consumer rights (commonly referred to as the ‘loi Hamon’) covering a wide range of developments including the introduction of class action suits, new consumer credit provisions, new powers of investigation and sanction for the French consumer protection authorities, and the creation of a category of IP rights protecting geographical origins, was published. One of the key aspects of this law for e-commerce is the implementation under French law of Directive 2011/83/EU on consumer rights, commonly known as the ‘E-Commerce Directive.’ Marc Lemperiere of Bignon Lebray Avocats discusses the strict manner in which France has chosen to implement the E-Commerce Directive and what this means for foreign retailers offering into France. / read more

On 25 March 2014 the Article 29 Working Party (‘WP29’) issued an opinion on personal data breach notification (Opinion 03/2014). Despite having comprehensive and wide ranging data protection legislation, the EU does not yet have a similarly comprehensive breach notification regime. Unlike the vast majority of US states, which have legislated on security breach notification, in the EU, legislation requiring security breach notification is confined to the communications sector (Directive 2002/58/EC) and limited Member States. The draft General Data Protection Regulation would, if implemented, change all this by introducing a breach notification obligation, akin to the existing obligation on communications providers. By Hazel Grant, Partner at Bristows LLP. / read more

Susan M. Kayser, trademark, advertising and copyright litigation and enforcement expert and Partner at Jones Day, Washington, explains the Department of Justice’s Operation Choke Point initiative, which targets banks providing services to third party payment processors handling payments for dubious merchants, and the criticisms of the initiative. / read more

As discussed in previous editions of E-Commerce Law & Policy, the Organisation for Economic Co-operation and Development (OECD) published an action plan in July 2013 for addressing base erosion and profit-shifting (BEPS). The first action point identified in that plan is to ‘address the tax challenges of the digital economy’ and the intention is that the task force considering this will issue its final report by the end of September 2014. The report - and any changes in tax law made as a consequence of the report - could have a significant impact on e-commerce business. By Ed Denny of Norton Rose Fulbright LLP. / read more

E-Commerce Law & Policy presents four opinions on the value of location data. Featuring contributions by Matt Pollins of Olswang LLP, Sarah Weller of Mubaloo, Helen Austin of Pinsent Masons LLP, and Nick Stringer of the IAB. / 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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