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Digital Business Lawyer

Volume: 18 Issue: 12
(December 2016)


News

Facebook CEO Mark Zuckerberg outlined in a blog post on 18 November 2016 a number of projects taking place to combat ‘fake news’ on the site, following widespread criticism that such misinformation is allowed to spread freely on the network, possibly distorting public perception and some suggest influencing the outcome of the US Presidential election. / read more

German music rights organisation GEMA concluded on 1 November 2016 a licensing agreement with YouTube, ending a seven year dispute over copyright breaches which has resulted in a substantial number of videos by GEMA-represented publishers and composers being blocked on YouTube in Germany; the blocking of such videos will now be removed. / read more


Features

On 19 October 2016 the European Court of Justice (‘ECJ’) gave its ruling in the case of Patrick Breyer v. Bundesrepublik Deutschland (C-582/14). In this article, Dr Flemming Moos and Tobias Rothkegel of Osborne Clarke analyse the key points of the judgment and its implications for current data protection law with a particular focus on AdTech businesses. / read more

China has finally adopted its Cyber Security Law (the ‘Law’), which drew at the time of its drafting a substantial amount of criticism, particularly from overseas businesses concerned about the Law’s impact on their operations. While the Law has been adopted, there is still plenty of room however for interpretation and for the Government to subsequently decide how the Law shall be implemented. Yang Xun, Of Counsel at Simmons & Simmons, provides an overview of the main requirements and provisions of the Law and how it could affect different types of businesses. / read more

After its announcement in May 2016, the multi-faceted UK Digital Economy Bill (‘Bill’) has progressed through Parliament and has recently been considered by MPs at the Public Bill Committee stage, during which various organisations have weighed in on the Bill’s proposals. Sue McLean, Of Counsel at Morrison & Foerster, discusses what we have learnt about two of the measures within the Bill that have drawn significant attention - those relating to online copyright infringement and age verification for access to pornographic material - following the conclusion of the Committee stage. / read more

The US Federal Communications Commission (‘FCC’ or ‘Commission’) adopted on 27 October 2016 new rules around privacy, applicable to telecommunications providers including broadband internet access service (‘BIAS’) and interconnected voice-over-internet-protocol (‘VoIP’) providers. The rules include inter alia notification requirements for data breaches and limits in regard to the sharing of customer data. George Foote and Erica Larson of Dorsey & Whitney LLP discuss these privacy rules as well as the potential impact of the change in US Government administration on such rules. / read more

Amazon’s new Dash ordering service is a recent development in bringing the Internet of Things to the home. It works by enabling consumers to press the Dash Button to automatically place an order with Amazon for a specific branded product, for example to replace dog food when it runs out. While a key selling point for Amazon Dash is its efficiency, there may be legal concerns, particularly in relation to privacy and consumer protection, as Kolvin Stone and Natasha Ahmed of Orrick LLP explain. / read more

On 24 August 2016 the German Federal Court of Justice (‘BGH’) handed down a verdict in a case involving the claim of a so-called ‘Abbruchjäger’ (‘cancellation hunter’), who claimed damages after an eBay auction, in which he was the highest bidder, was terminated early. The term ‘cancellation hunter’ refers to people who bid in various auctions on eBay in order to claim provision of the goods for a low bid or damages in case the auction is cancelled by the seller for reasons not in line with eBay’s general Terms & Conditions. Dr Thomas Thalhofer, Partner and Head of IT, Outsourcing & Data Privacy at Noerr LLP, examines the case and provides comment on the current position on cancellation hunting taken by the BGH. / 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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