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Digital Business Lawyer
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Volume: 16 Issue: 7
(July 2014)


News

The Supreme Court of British Columbia granted an interim injunction in the litigation between Equustek Solutions and Datalink on 13 June that orders Google to remove all links worldwide to a company selling its products online. / read more

New standardisation guidelines for cloud computing service level agreements (SLAs) published on 24 June, are to be trialed by the European Commission. The guidelines have been developed by industry representatives within a sub-group of the Cloud Select Industry Group set up by the European Commission to develop standardised contact terms for cloud computing. / read more

The UK’s Open Rights Group (ORG) is looking into the possibility of taking legal action against the UK Government for its continued implementation of the Data Retention Directive, which was declared invalid by the European Court of Justice (CJEU) in April. / read more


Features

The launch of the UK Government’s Cyber Essentials scheme took place on 5 June 2014, and a number of organisations (including Barclays, who spoke at the launch) have already applied for the new Cyber Essentials Award. In this article Rob Sumroy and Natalie Donovan of Slaughter and May, look at what the scheme covers, and the reactions from some organisations. / read more

Although the results of Sweep Day have not yet been released, its very existence illustrates several trends in the regulatory space that businesses would do well to follow: increased cooperation among regulators, a growing focus on mobile technologies and evolving regulator attitudes, all make mobile app privacy a dynamic compliance issue, as Carol A.F. Umhoefer, a Partner at DLA Piper, explains. / read more

Philip Hannay, Managing Director of Cloch Solicitors, Glasgow, and notable for his expertise in intellectual property and entrepreneurialism, shares his views on the coming of Google Glass and why we should care. / read more

Sajai Singh, a Partner focusing on representing emerging technology companies in areas of inbound investments in India, venture capital & private equity investments, joint ventures, strategic alliances, and mergers & acquisition at J. Sagar Associates, India, explains how the steady growth of e-commerce in India has resulted in an influx of foreign direct investment (‘FDI’), contrary to the FDI restrictions applicable to e-commerce. / read more

The creation of the European Unitary Patent Court (‘UPC’) and the enactment of the European Patent with Unitary Effect (‘Unitary Patent’) have gathered very strong political support and momentum, however a small minority of the Member States of the EU continue to challenge it; essentially because they feel that their legal traditions, or indeed languages, are not recognised to a sufficient degree by the new system. This is why instead of taking the form of classical EU legislation, the new system was adopted on the one hand through an international treaty creating the UPC and, on the other, in the framework of a so-called EU ‘enhanced cooperation,’ enacting the Unitary Patent with most, but not all, of the EU Member States participating. / read more

Given the popularity of apps, it’s little wonder that retailers are increasingly looking at app innovation to enhance the customer experience. Sarah Weller, Managing Director at mobile consultants Mubaloo, examines new innovations in the field of app development. / read more

In a decision on 13 May 2014, the European Court of Justice ruled in Case C-131/12, Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, that an internet search engine operator is responsible for the processing that it carries out of personal data which appear on web pages published by third parties and therefore enshrining the right to be forgotten. In this roundtable, leading experts share their views on the aftermath of this landmark ruling. / read more

In line with the OECD’s work on tax issues with the digital economy, as part of the action plan on erosion of tax levy base and profit shifting (‘BEPS,’ Base Erosion and Profit Shifting), the EU has also shown an interest in the taxation of this fast-growing economy. In October 2013, the European Commission (‘EC’) appointed a group of experts to report on specific ways in which taxation could be adapted to the digital sector. Among these experts is Pierre Collin, co-author of the French Colin-Collin report published in January 2013. The outcome of their work took the form of a report issued on 28 May 2014. Similar to the BEPS project, the report suggests that it is not necessary to establish a specific tax system for the digital economy but to adapt the rules to the special nature of this economy. / 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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