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Digital Business Lawyer

Volume: 19 Issue: 2
(February 2017)


The European Commission launched a public consultation on 10 January 2017 on unleashing Europe’s data economy, as part of its Digital Single Market strategy, which aims to amongst other things collect information on the extent to which digital non-personal machine generated data are traded and exchanged; any barriers to accessing such data; emerging Internet of Things (‘IoT’) and robotics liability challenges; and practices and issues relating to data portability, interoperability and standards. / read more

The UK Prime Minister Theresa May launched proposals for a modern Industrial Strategy (‘Strategy’) on 23 January 2017 in order to drive industry growth across the UK, in a move which follows the announcement that the UK will leave the European Single Market and possibly also the European Economic Area as a result of Brexit. The plans unveiled for a ‘Global Britain’ are designed as an offer to businesses to strike new sector deals, with the Government prepared to offer a range of support to boost industry, which will include addressing regulatory barriers to innovation and growth and the creation of new institutions to boost skills. / read more


Miriam González, Head of the International Trade practice at Dechert LLP, provides analysis of UK Prime Minister Theresa May’s decision to bring the UK out of the EU Internal Market, in the context of the EU’s Digital Single Market. Miriam discusses what will happen if the UK and EU regulatory regimes ultimately diverge, and the complexities involved in trying to create a Free Trade Area agreement with the EU, as the Prime Minister intends. / read more

Following the publication of Nominet’s second annual report on the suspension of .UK domain names in November 2016, Nick Wenban-Smith, General Counsel at Nominet, provides a breakdown of the significant growth in suspensions and outlines that despite this increase in suspensions Nominet’s criminality policy is effectively reducing the criminal use of domain names in the UK. / read more

Since last autumn, when reports emerged suggesting that interested groups were trying to influence the US elections with the deliberate distribution of ‘fake news’ including via social media, calls for enhanced accountability of platform providers for displayed content has dominated political discussions in Germany. The proposals vary from strengthening the position of individuals whose rights are violated to an overall tightening of the regulatory regime for providers who could even be obligated to break open ‘echo chambers’ by sending personalised messages. Norbert Wimmer and Tina Liebscher of White & Case discuss the proposals in Germany and the challenges ‘fake news’ poses in today’s regulatory landscape. / read more

The EU’s Second Payment Services Directive (‘PSD2’) requires merchants to put into place what it terms ‘strong customer authentication’ to help reduce payment fraud. Under PSD2 the European Banking Authority (‘EBA’) is mandated to produce, inter alia, Regulatory Technical Standards (‘RTS’) specifying the requirements on strong customer authentication and common and secure communication under PSD2, and the EBA has duly released a draft of such RTS. All of this is relevant for e-commerce retailers, as while strong customer authentication plays a role in fighting fraud, burdensome requirements when making payments could put consumers off buying goods on a retailer’s website. Chris James, a Consultant Solicitor, analyses the EBA’s draft RTS on this issue and the industry reaction so far, and what this all means for e-commerce retailers. / read more

On 8 December 2016 Advocate General (‘AG’) Manuel Campos Sánchez-Bordona issued his advisory Opinion in Stichting Brein v. Jack Frederik Wullems, referred to as the Filmspeler case (C-527/15), a reference to the Court of Justice of the European Union (‘CJEU’) from the Dutch courts. The AG’s Opinion concerns a multimedia player that can stream content from third party websites via a TV connection. The player often came with pre-installed software featuring hyperlinks to third party websites where content could be streamed without rightsholder permission. The AG found that both sellers and users of the ‘filmspeler’ player infringe copyright. Robert Guthrie and Abby Minns of Osborne Clarke analyse the AG’s Opinion, how it fits with other recent case law in this area, and what it would mean for rightsholders should the CJEU follow the AG in this matter. / read more

The UK’s Competition and Markets Authority (‘CMA’) announced on 19 December 2016 that it is to carry out a sector-wide enforcement investigation into the online secondary tickets market. The CMA’s investigation is aimed at both secondary ticketing platforms and businesses selling tickets and follows concerns that people are not getting the full range of information required by consumer protection law when buying tickets put up for resale. Jonathan Smart of Shoosmiths examines the existing legal framework and the action sought by lobbyists. / 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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