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Digital Business Lawyer

Volume: 17 Issue: 6
(June 2015)


The European Commission (‘EC’) published on 6 May its Digital Single Market Strategy (‘DSMS’), based around three pillars: better access to digital goods and services, a level playing field for innovation, and maximising the digital economy’s potential for growth. The DSMS contains 16 key actions it plans to deliver by the end of 2016. / read more

The CJEU extended the scope of the exclusive distribution right in copyright works in a 13 May ruling in Dimensione Direct Sales Srl and Michele Labianca v. Knoll International SpA that could have a “serious chilling effect on online commerce” said Lorna Brazell, Partner at Osborne Clarke. The CJEU’s recent ruling confirms that Article 4(1) of Directive 2001/29 (‘InfoSoc Directive’), which deals with the exclusive distribution right in copyright works, may be infringed where unauthorised protected works or copies of protected works are advertised or offered for sale, regardless of any subsequent transfer of ownership. / read more

The Irish Minister for Jobs, Enterprise and Innovation put forward on 25 May a draft Consumer Rights Bill to consolidate Irish consumer protection law, and which contains rights and remedies for those purchasing intangible digital content. / read more


The European Commission (‘EC’) published its long-awaited Digital Single Market Strategy (‘DSMS’) on 6 May, which sets out a number of key areas, from copyright reform to VAT, around which it plans to build Europe’s digital single market. The EC identifies the need for change in each area and proposes reforms to achieve that change; however, the Strategy has already drawn criticism not only on the basis of some of the reforms suggested but also for the level of detail put forward in the Strategy. Nick Fenner and Emma Fox of TLT LLP discuss the contents of the Commission’s Strategy for the digital single market with a particular emphasis on some of the more controversial aspects. / read more

The implications of live streaming apps such as Periscope and Meerkat, which enable smartphone users to stream live events and share them via the internet, has thrown the doors open to a new form of broadcasting that raises a number of legal concerns. Nigel Dewar Gibb, Partner in Pitmans LLP’s Media Technology & IP team, sets the scene on the rise of such apps, looks closely at the most popular offerings on the market and discusses both the legal questions raised by this innovative new technology in the context of music broadcasting and the opportunities that the technology might present. / read more

On 5 May, the Court of Justice of the European Union dismissed the second of Spain’s challenges to the EU Regulation creating the Unitary Patent, which is central to the Unitary Patent Court (‘UPC’) system. Spain tried through legal means to prevent the creation of the new European patent litigation system, which it had previously opposed - without success - on a political level. The Court’s decision opens the door to the entry into force of the UPC, for which preparations have already begun across several Member States. Member States are however not the only ones who must prepare for the upcoming revolution in European patent litigation: businesses must also prepare, as David Por, Partner at Allen & Overy, explains. / read more

The programmatic advertising revolution has been transforming the way online ads are bought and sold. But what is ‘programmatic trading,’ and what legal and policy concerns does it raise? Nick Johnson, Partner at Osborne Clarke provides sheds light on the complex trading landscape behind programmatic advertising and the legal issues raised. / read more

The UK’s Information Commissioner’s Office (‘ICO’) published a discussion paper on Big Data and Data Protection (the ‘Paper’) in July 2014, which set out their understanding of the data protection issues raised by big data. The objective of the Paper was to dispel the notion that it was not possible to both benefit from big data and comply with data protection laws. In this article, we’ve picked out recurring themes in the responses. / read more

Twitter recently announced that its Dublin-based entity Twitter International Company would take over all services for non-US users. With effect from 18 May, all non-US user data has been moved to servers in Ireland and Twitter International Company is the contracting party with all such users. Ireland is now the European headquarters for a significant number of large multi-national digital companies, including Microsoft, Facebook, LinkedIn and Google. Paul Lavery, Partner at McCann FitzGerald considers the possible reasons why large digital companies have made such changes to their data storage arrangements, the potential benefits of storing non-US data in Ireland and the legal implications of such a move. / 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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