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Digital Business Lawyer

Volume: 18 Issue: 1
(January 2016)


The European Commission (‘EC’) put forward on 9 December proposals designed to boost EU cross border e-commerce by addressing legal fragmentation in consumer contract law, which the EC believes is damaging consumers’ trust and deterring them from purchasing cross border, while preventing business from selling cross border due to the costs and complexity. The proposals cover the online sale of goods and digital content sales respectively. / read more

Digital companies that do not take privacy and data protection more seriously as a result of the adoption of the new EU General Data Protection Regulation (‘GDPR’), which received political agreement between the EU Parliament, Council and Commission on 15 December, “will fail to survive in the long term,” says Eduardo Ustaran, Partner at Hogan Lovells International LLP. / read more

The UK’s Digital Economy Minister Ed Vaizey published on 29 December a call for ideas for the new UK Digital Strategy, which will be unveiled in the next few months and cover the coming five years. / read more


In December 2015 the EU institutions came to an agreement on the Network and Information Security Directive (‘NIS Directive’), establishing a set of EU-wide rules on cyber security for the first time; formal adoption of the Directive by the European Parliament and the Council of the EU is pending at the time of publication. For those businesses that fall under its scope, such as search engines and cloud computing providers, the advent of the NIS Directive will mean that incident handling and notification will take on a more serious role than previously, and numerous security obligations will need to be satisfied. Mark Webber and Michael Brown of Fieldfisher discuss five key issues for online businesses to consider in reaction to the Directive. / read more

It was confirmed on 15 December that the European Parliament, Council and Commission representatives have reached political agreement on the drafting of the new EU data protection framework. Europe’s newly agreed General Data Protection Regulation (‘GDPR’) will have a significant impact on large online companies. In reaction to this momentous development, Philip James and Eitan Jankelewitz of Sheridans discuss the requirements included in the agreed text and advise organisations to start making the necessary preparations now or risk losing their competitive advantage. / read more

Steve Chester, Director of Data & Programmes at the Internet Advertising Bureau (IAB) UK, outlines the IAB’s views on the rise of adblocking software and shares insights from the IAB’s research into the impact adblocking is having on the digital advertising industry. / read more

Twelve countries have signed up to the provisional Trans-Pacific Partnership (‘TPP’), a trade agreement which will have implications for digital rights management (‘DRM’). Dennis O. Cohen, Partner at Baker & Hostetler LLP looks at how the US has sought to introduce the US Digital Millennium Copyright Act’s (‘DMCA’) DRM protections to the other countries through the TPP. / read more

eSports, or competitive video gaming, is growing fast and already becoming a serious contender to ‘traditional’ sports for millennials. Jas Purewal of specialist digital entertainment and eSports law firm Purewal & Partners LLP explains what eSports is, the opportunities and the legal challenges it faces. / read more

The European Commission (‘EC’) outlined its wider copyright plans in a Communication issued on 9 December, which was accompanied by a legislative proposal on ensuring the cross-border portability of online content services. Jeremy Drew, Ciara Cullen and Chloe Johnston of RPC discuss this proposal and its implications for stakeholders, and look at some of the legislative plans in the pipeline as set out in December’s Communication. / read more

Following the filing of a lawsuit in October against Reebok in the US that alleges that Reebok’s website is not accessible to the blind and is thus in violation of the Americans with Disabilities Act (‘ADA’), Gonzalo E. Mon and Crystal N. Skelton of Kelley Drye & Warren discuss a recent rise in such cases, and how US courts have received them. While the US Department of Justice has yet to issue its promised website accessibility standards under Title III of the ADA, there are steps website owners can take to avoid the risk of being targeted by lawsuits for alleged ADA violations. / read more

The Chinese Ministry of Culture’s (‘MoC’) Notice on Further Improvement on Administrative Works on Online Musical Contents (‘Notice’), which came into effect on 1 January 2016, builds upon the MoC’s previous work in this area. The Notice clarifies the responsibilities of online music platform operators in regard to self-censorship, as Xun Yang of Simmons & Simmons explains. / read more

Norwich Pharmacal orders (‘NPOs’) are sought in order to discover the identity of a wrongdoer from a third party who may be in a position to identify the unknown wrongdoer, having somehow been ‘mixed up’ in the wrongdoing. Gráinne Murphy of LK Shields analyses the granting of NPOs in Ireland, which includes a look at the recent court-ordered graduated response system. / 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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