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Digital Business Lawyer

Volume: 17 Issue: 9
(September 2015)


The European Commission launched a consultation into the Satellite and Cable Directive on 24 August, seeking views on whether rules relating to where and how satellite broadcasters and cable companies can attain copyright clearance in the EU need updating and the possible impact of extending the scope of the Directive to online broadcasting services. / read more

The UK’s Information Commissioner’s Office (‘ICO’) ordered Google on 18 August to remove from its search results links to stories reporting the earlier removal, under the EU Right to be Forgotten, of articles relating to a 10 year old criminal offence by an individual. Google must comply within 35 days following the order. / read more

The UK’s Committee for Advertising Practice (‘CAP’) Executive issued on 19 August guidance for video bloggers (‘vloggers’), highlighting that if a vlogger is paid, including with free items, to promote products/services and the marketer controls the content, the message is advertising and vloggers need to ‘clearly signpost’ this. / read more


Following on from May’s Digital Single Market Strategy, the European Commission has now published a consultation on reviewing the Audiovisual Media Services (‘AVMS’) Directive, specifically focusing on the scope of the Directive and the nature of the rules applicable to all market players. The consultation puts forward a number of options for reform, including extending the scope of television regulation to a wide range of internet services. Tony Ballard, Head of Broadcasting at Harbottle & Lewis LLP, discusses the background to the Directive and the Commission’s new consultation, and in particular what the New Media Online case - the first case disputing the existing scope of the Directive - currently before the Court of Justice of the European Union and on which the Advocate General issued an opinion on 1 July, could mean for the review. / read more

With the UK’s Consumer Rights Act 2015 set to enter into force on 1 October, businesses that sell goods, services and/or digital content to consumers must prepare. To assist those businesses, the Competition and Markets Authority has produced guidance on one particular aspect of the Act - the unfair contract terms and notices provisions in Part 2. As Doris Myles and Nathan Akhavan-Moossavi of Baker & McKenzie LLP explain, the guidance contains useful analysis pertaining to the aforementioned provisions. In this article, Doris and Nathan discuss the guidance and the provisions within the Act, and what businesses should do next. / read more

In May 2014, the European Court of Justice (‘ECJ’) ruled that in certain instances, individuals have the right to request that search engines remove links to webpages “that are published by third parties and contain information relating to a person from the list of results displayed following a search made on the basis of that person’s name” (the ‘Decision’). Michelle W. Cohen, Member at Ifrah PLLC, shares her thoughts on whether we will see the emergence of a right to be forgotten (‘RTBF’) in the US. / read more

Adblockers have the potential to change the internet environment; for instance, the way that websites are financed - and how the free internet ‘pays for itself’ - could be drastically altered. The legal issues raised by adblockers are illustrated by the Adblock Plus software, which has been the subject of proceedings in multiple courts across Germany. Dr. Stefan Engels, Dr. Bahne Sievers and Maxim Letski of Bird & Bird LLP - which represented media company ProSiebenSat. 1 Digital GmbH in proceedings against the operators of Adblock Plus - discuss the legality of adblocking software. / read more

The Chinese government has issued new cyber security laws and regulations with the potential to significantly impact international businesses operating in China. Dr. Michael Tan and Lynn Zhao of Taylor Wessing assess the development of cyber security law in China and the implications of the recent legislative developments. / read more

On 1 July an administrative ruling letter of the City of Chicago extended the non-possessory computer lease concept to tax users of cloud computing, cloud services, software as a service, platform as a service and infrastructure as a service. Michael J. Wynne, Partner and member of Reed Smith’s State Tax Group, describes in detail Chicago’s move to tax cloud services and the issues it raises, and argues that Chicago’s cloud tax rulings may be a model for how not to go about implementing a tax on cloud services. / 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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