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Digital Business Lawyer

Volume: 17 Issue: 2
(February 2015)


The European Parliament’s rapporteur for the Legal Affairs Committee, Julia Reda, issued a Draft Report dated 14 January, which lays out the Parliament’s proposals for the overhaul of EU copyright law. The Draft Report focuses on the need to adapt copyright to the digital environment and presents the possible creation of a single European copyright title to avoid territorial fragmentation. / read more

The European Parliament Legal Services published on 8 January its opinion on the CJEU decision, of April 2014, in which the Data Retention Directive was found invalid (DRI judgment); it clarifies that the DRI judgment will not directly affect the validity of other EU laws on data collection, unless a specific measure is challenged before the CJEU. / read more

The Federal Communications Commission (FCC) Chairman Tom Wheeler announced on 4 February a proposal to reclassify wired and wireless broadband internet services as public utilities under Title II of the Communications Act 1934, banning broadband providers from prioritising data and from altering traffic speed. / read more


The European Council recently released its latest draft of the EU General Data Protection Regulation. This draft, published on 19 December, may be more significant than some of the numerous versions of the document released in the past, as some of the changes now being put forward suggest a softening of the stricter provisions that appeared towards the beginning of this process. Stephen Groom, Deputy Chair of the Privacy and Data Law Group at Osborne Clarke, examines this latest draft and what it means in particular for when we might see the final Regulation, as well as what the current provisions could mean for marketers. / read more

The European Court of Justice’s (‘ECJ’) decision on 15 January in case C-30/14, adds another tile to the mosaic of case law concerning disputes between Ryanair and online travel agencies (‘OTAs’) and price comparison websites. Ryanair claims that its website is the only marketplace authorised to sell its tickets and that mediation activity in the sale of such tickets performed by any third party is illegitimate. Marco Consonni and Ludovico Anselmi of Orsingher Ortu - Avvocati Associati, analyse the background to the case, previous decisions of the EU courts and why the ECJ’s ruling that EU Directive 96/9 does not prevent Ryanair from restricting screen-scraping of its flight data via contractual arrangements does not necessarily mean that Ryanair will be entitled to enforce such contractual obligations on third party OTAs in different EU jurisdictions. / read more

US President Barack Obama used this year’s State of the Union address, alongside a number of pre-speech statements, to propose a number of privacy and security laws. These relate to a federal data breach notification law, an evolution of education privacy practices, and an internet-focused consumer bill of rights. Kirk Nahra, Partner at Wiley Rein, discusses these proposals against the backdrop of the status quo in the US, as well as the prospects for such proposals to become legislative reality. / read more

The European Commission’s vision for a Digital Single Market will see consumers accessing online content anytime and anywhere within the EU without fear of contravening national laws. Jeremy Drew and Ciara Cullen of RPC look at how Europe’s copyright laws fit with the Commission’s ambitious plans to create a borderless virtual market. / read more

A number of regulatory bodies - such as OFCOM in the UK and the FTC in the US - are now taking an interest in the rise of the Internet of Things (‘IoT’) and Machine to Machine (‘M2M’) technology. This is perhaps because, while the IoT and M2M present significant opportunities for advancement, there are data privacy and security challenges to be considered, including from the early stages of product development. Philip James of Sheridans discusses the legal developments of particular note in the context of the IoT and M2M, and the risks for the unwary. / read more

The Italian Competition Authority (‘AGCM’) on 19 December 2014 (Resolution no. 25237, the ‘Resolution’) issued TripAdvisor LLC (managing the website and TripAdvisor Italy S.r.l. (jointly referred to as ‘TripAdvisor’) a fine of €500,000 for two unfair commercial practices. The AGCM forbade the diffusion and reiteration of a commercial practice consisting of the ‘diffusion of misleading information on the source of the reviews,’ published on the TripAdvisor website. According to the AGCM, TripAdvisor also adopted unsuitable procedures to properly control fake reviews. By Gilberto Nava and Saverio Cavalcanti of Legance - Avvocati Associati. / read more

Following the publication of the Federal Telecommunications and Broadcasting Law in Mexico in July 2014, which includes provisions regarding net neutrality, Mexico’s newly created Federal Institute of Telecommunications is now set to issue Guidelines that will further expand on the regulation of net neutrality. These guidelines will, it is expected, be published in 2015. Federico Hernández Arroyo of Hogan Lovells BSTL, S.C. discusses what we can expect from the forthcoming Guidelines and the impact on ISPs and the e-commerce sector. / 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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