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Digital Business Lawyer
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Volume: 17 Issue: 5
(May 2015)


News

Head of the Roskomnadzor, Russia’s Federal Service for Supervision in the Sphere of Telecoms, Information Technologies and Mass Communications, Alexander Zharov, confirmed at a Board meeting held on 20 April that eBay, Google and AliExpress have agreed to keep the personal data of Russian users on servers located in Russia in accordance with the new data localisation law that comes into force on 1 September 2015, according to Russian news agency Interfax. / read more

The European Commission (EC) issued Google with a Statement of Objections (SO) on 15 April alleging that Google has systematically favoured its comparison shopping product - Google Shopping - on its general search result pages, at the expense of rivals. The EC’s preliminary view is that ‘such conduct infringes EU antitrust rules because it stifles competition and harms consumers.’ / read more

Broadcasters Television New Zealand, Mediaworks, Sky and Lightbox confirmed on 20 April that they will initiate legal action against Call Plus and Bypass Network Services, two ISPs offering a service allowing access to TV content restricted in New Zealand, by disguising the user’s location. / read more


Features

Given the number and scale of data breaches and cyber security incidents affecting e-commerce companies, reacting and preparing for cyber risk is now highly important for e-commerce businesses of any size. In this article, Hans Allnutt, Partner at DAC Beachcroft, and Simon Saunders, Head of Consultancy at IT security service Portcullis Security Limited, consider how we define cyber risk and what such risks might look like, as well as the role tailored cyber insurance policies can play in mitigating these risks. / read more

The Court of Justice of the European Union (‘CJEU’) recently handed down judgment in the case of C More v. Sandberg, in which it was asked to consider whether the EU Infosoc Directive precludes the broad protection offered by the Swedish Copyright Law in terms of the right the Swedish law gives to broadcasters to control communication of their broadcasts to the public, in a case in which the defendant provided links to sports matches on C More’s pay-TV website without the need for users to subscribe. Lorna Brazell, Partner at Osborne Clarke discusses the CJEU’s judgment as well as the recent referral to the CJEU made by the UK Court of Appeals in the dispute between multiple UK broadcasters and streaming service TVCatchup. / read more

The Telecom Regulatory Authority of India (‘TRAI’) published on 27 March its ‘Consultation Paper on Regulatory Framework for Over-the-top (OTT) services,’ which has already garnered feedback from stakeholders in the country’s telecoms sector. A key point of dispute is whether a regulatory framework for OTT services is needed, and the Consultation Paper examines the pros and cons. Tony Verghese and Rakesh Warrier of J. Sagar Associates discuss the Consultation Paper but also seek to explain the possible consequences of implementing a regulatory framework in this space. / read more

The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2015 (2015/355) amending the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’) became effective on 6 April in the UK. This change means that relevant marketing activities in breach of PECR have a greater chance of resulting in enforcement action and a fine, and thus the amendments are of importance to any firm engaging in electronic marketing in the UK. Liz Fitzsimons, Legal Director at Eversheds LLP, discusses the changes and the background to them. / read more

One year ago, China started granting all consumers a seven day unconditional right of return with full refund of the purchase price for products bought online or by other means available through B2C distance selling, such as via TV shopping channels, telephone, mail order business, etc., as the new Law on the Protection of Consumer Rights and Interests (‘CPL’) took effect on 15 March 20141. / read more

Digital assistants (‘DA’) are a form of personal information manager, and are a common sight on smart mobile devices. With today’s technology, this potentially gives them considerable power. For example a DA that performs an internet search in response to a query could be programmed to prioritise sponsored search results. Daniel Tozer and Rebecca Collard of Harbottle & Lewis consider the legal issues DAs could thus create. / read more

Brands likely want their products distributed online, but in some cases may have a preference that distributors of those branded products avoid certain websites whose practices the brand perceives to have the effect of harming its image. Jonathan Cornthwaite, Partner and Head of Competition Law at Wedlake Bell LLP, considers whether it is legitimate for a contract to prevent the reselling of a brand’s products on such sites, and in doing so examines the complexity of the answer to this question, analysing EU case law on the matter and the situation in the UK. / 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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