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Digital Business Lawyer

Volume: 16 Issue: 6
(June 2014)


Google introduced on 30 May an online form that allows users to request the removal of links that they think are ‘inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes for which they were processed.’ Following the European Court of Justice’s (ECJ) ruling on 13 May in case C-131/12 Google Spain SL, Google Inc. v. Agencia Española de Protección de Datos, that an internet search engine is responsible for the processing that it carries out of personal data that appears on web pages published by third parties, search engines must now comply with EU law, which includes the right to be forgotten. Online search engines must now review right to be forgotten requests from individuals and decide whether to take down the information or not, and as described by Google on its online form ‘attempt to balance the privacy rights of the individual with the public’s right to know and distribute information.’ / read more

The UK Parliament’s Joint Committee on Statutory Instruments (JCSI) has delayed the passing of draft regulations to extend copyright exceptions, asking on 8 May for further time to consider the private copying and parody exceptions. / read more

Germany’s Economy Minister and Vice Chancellor Sigmar Gabriel declared that a break-up of Google, similar to that of gas grids in the country, must be “seriously considered” as a “last resort” in order to prevent discrimination against alternative search engine providers, in an article published in the Allgemeine Zeitung newspaper on 16 May. / read more


On 13 May, the European Court of Justice decided in Case C-131/12 that search engines must comply with requests from individuals to remove search results linking to information which is ‘inadequate, irrelevant or no longer relevant.’ The content remains on the webpages where it is published, although finding it may be hindered. To determine what this means in practice, Patrick Van Eecke and Anthony Cornette of DLA Piper contrast what we can discern so far from the decision with the many questions that remain unanswered at this time. / read more

The net neutrality debate has been an emotive one, concerning issues such as freedom of expression, innovation, discrimination and corporate motives. But there have been very few articles about how networks actually work and why it matters. In this article, Lisa Felton, Head of Consumer Policy and Content Standards at Vodafone Group Services Limited, explains her view that net neutrality needs to be grounded in an understanding of the underlying technology in order to achieve its aims of a better internet for all. / read more

The law is changing for online businesses selling to consumers. Businesses need to review their terms and conditions and purchase flow to take into account the new rules in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which come into force on 13 June 2014 and replace the existing Consumer Protection (Distance Selling) Regulations 2000. Doris Myles, Helen Brown and Julia Hemmings of Baker & McKenzie LLP, discuss the new Consumer Contracts Regulations in detail and guidance published by the Department for Business, Innovation & Skills (BIS) to help businesses understand the changes. / read more

Kurt Wimmer, US Chair of Covington & Burling LLP’s Privacy and Data Security Practice and Jeffrey Kosseff, also of Covington & Burling LLP, Washington DC, examine the Big Data Report presented to President Obama on 1 May, which looks closely at the future capability of technology in the collection, use and analysis of big data and its ability to protect and threaten privacy. / read more

New EU rules on VAT, coming into effect on 1 January 2015, will mean that business-to-consumer supplies of electronic, telephone and broadcasting services will be subject to VAT based on the jurisdiction the consumer is in, rather than the supplier. This will have implications for e-commerce services, such as online auction sites and app stores. Chris Hutley-Hurst of Skadden, Arps, Slate, Meagher & Flom LLP (UK) discusses the forthcoming VAT changes and their impact. / read more

In May this year the UK Information Commissioner’s Office published its report ‘Protecting data in online services,’ which details eight computer security issues that may pose a threat to the protection of personal data processed by computer systems. Philip James, a Partner at Sheridans, analyses each of the issues highlighted in the ICO’s report and examines what can be done to mitigate the risk to personal data in each of the eight areas. / read more

E-Commerce Law & Policy explores the opportunities and challenges presented by wearable technology, with perspectives from three jurisdictions around the world. / 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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