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Digital Business Lawyer

Volume: 17 Issue: 10
(October 2015)


The Court of Justice of the European Union (‘CJEU’) has confirmed that it will deliver its final judgment in Case C-362/14 Maximillian Schrems v. Data Protection Commissioner on 6 October regarding the adequacy of the protection afforded by the Safe Harbor framework, following the issuance of Advocate General (‘AG’) Yves Bot’s opinion on 23 September that the Safe Harbor framework is an ‘invalid’ basis on which to transfer personal data to the US. / read more

The Court of Justice of the EU (‘CJEU’) issued its decision on 1 October in the Weltimmo case, finding that ‘each Member State must apply the provisions it adopted pursuant to the [Data Protection] directive where the data processing is carried out in the context of the activities conducted on its territory by an establishment of the controller.’ The case concerns a fine imposed by the Hungarian DPA on a Slovakian company, Weltimmo, for infringing Hungarian law after Weltimmo refused to delete the data of Hungarian advertisers on its website. Weltimmo argues the DPA lacks jurisdiction. / read more

The EU Commission launched two consultations on 24 September: one into geoblocking, which focuses on gathering opinions on unjustified commercial barriers that prevent buying and selling products and services within the EU, and the other into the regulatory environment for platforms, online intermediaries, data, cloud computing and the collaborative economy, which looks at the economic role of online platforms. / read more


The European Commission’s (‘EC’) consultation, ‘on the evaluation and the review of the regulatory framework for electronic communications networks and services,’ inter alia reviews areas such as over-the-top (‘OTT’) services and how they are regulated, and discusses the possibility of reform. Feyo Sickinghe and Frank Simons of Bird & Bird analyse each area of the consultation and the issues raised. / read more

Advocate General (‘AG’) Bot issued his decision in Case C-362/14 Schrems v. Data Protection Commissioner on 23 September concerning the EU-US Safe Harbor for the transfer of personal data. Tanguy Van Overstraeten, Partner and Global Head of Data Protection & Privacy, and Richard Cumbley, Partner and Global Head of TMT and IP, both of Linklaters LLP, provide background to the case, and potential business implications of the opinion that has called into question the future of Safe Harbor. In an unusual move the Court of Justice of the EU has confirmed that it will be delivering its final judgment on the matter on 6 October 2015. / read more

On 22 July the Canadian Radio-television and Telecommunications Commission (‘CRTC’) ruled that large and incumbent Internet Service Providers (‘ISPs’) have to open their high-speed networks to competitors. According to the CRTC, the new rules will promote competition, incentivise ISPs to build out their infrastructure, and ensure that Canadians have the fast internet they deserve. However, Pantelis Michalopoulos and Georgios Leris of Steptoe & Johnson explain that the new CRTC rules may be both stricter than, and not as strict as, necessary. / read more

The Hamburg Commissioner for Data Protection and Freedom of Information has ordered Facebook to permit users registering for a Facebook account to use pseudonyms or fake names, following a complaint from a German user whose account was locked by Facebook after she set up an account under a pseudonym. Karin Retzer and Alja Poler De Zwart of Morrison & Foerster consider the case, the context of the Commissioner’s decision and its implications. / read more

The US Court of Appeals for the Third Circuit has made the latest decision in the FTC v. Wyndham Worldwide Corp. saga, which began after the US Federal Trade Commission (‘FTC’) alleged that Wyndham’s cyber security practices were “unfair” and that its privacy policy was “deceptive” in violation of Section 5 of the FTC Act. Wyndham responded with a motion to dismiss these claims. The US Court of Appeals for the Third Circuit’s decision to uphold the FTC’s authority over Wyndham’s cyber security practices not only strengthens the FTC’s authority in this area, but in the view of Mark W. Brennan and Katherine Gasztonyi of Hogan Lovells US LLP, could lead to a period of heightened cyber security and data privacy enforcement action in the US. / read more

New laws and regulations in Russia require companies to store the personal data of Russian citizens on Russian territory, and impose controls and limitations on websites and foreign investments in media. These new rules reflect the increased attention of the Russian authorities on the digital world and media sector. International companies active in the Russian market have scrambled to determine the appropriate response to the new rules. / read more

The range of apps targeting children is ever-increasing. But not every app is free and some parents have been shocked to discover that their offspring have run up huge bills buying in-game currencies. Dan Smith and Jason Stephens of Wragge Lawrence Graham & Co LLP look at two landmark adjudications from the UK’s Advertising Standards Authority (‘ASA’), which together send a warning to app developers. / 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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