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Digital Business Lawyer

Volume: 19 Issue: 8
(August 2017)


News

The Department for Digital, Culture, Media and Sport (‘DCMS’) published, on 7 August 2017, its statement of intent (‘the Statement’) regarding a new data protection bill (‘the Bill’), which will implement the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’). / read more

The EU Home Affairs Sub-Committee of the UK House of Lords published on 18 July 2017 a Report entitled ‘Brexit: the EU data protection package,’ which follows discussions about possible barriers to UK trade and security if UK-EU data transfers are hindered post-Brexit. The Report lauded the UK Government’s objective of maintaining unhindered data flows with the EU, but stated that the Sub-Committee was “struck by the lack of detail on how the Government plans to deliver this outcome,” given that the result of the Brexit negotiations regarding cross border data flows will have major implications for UK-based international businesses. / read more

Advocate General (‘AG’) Wahl’s Opinion of 26 July 2017 in the case currently before the CJEU Coty Germany GmbH v. Parfümerie Akzente GmbH, finding that Coty’s attempts to ban its authorised retailers from using third party sales platforms to sell its luxury goods online does not contradict Article 101(1) TFEU, “takes a rather absolutist position,” said Becket McGrath, Partner at Cooley LLP, “by emphasising the different levels of control over product presentation on a marketplace, compared with a retailer’s own website. As a result, [Wahl] appears to accept that any use of marketplaces can be banned outright.” / read more


Features

The Supreme Court of Canada issued a landmark decision on 28 June 2017 in which a worldwide injunction was upheld requiring Google to delist certain websites from its search results on a global basis. The decision affirms that Canadian courts will make extraterritorial orders with global effect against search engines and internet intermediaries located outside Canada to prevent access to content deemed unlawful. The introduction of such worldwide injunctions, which has been welcomed by rightsholders, will have implications for internet intermediaries and online businesses. Sangeetha Punniyamoorthy and Thomas Kurys, of DLA Piper (Canada) LLP, assess the details of the Google Inc. v. Equustek Solutions Inc. case and provide insight into the wider impact of the ruling. / read more

On 1 July 2017 the UK Information Commissioner’s Office (‘ICO’) published its International Strategy 2017-2021 (the ‘Strategy’) with the aim of effectively protecting personal information in a digital global environment, which will have implications for digital businesses. Ben Allgrove, Maura Migliore and Eve-Christie Vermynck of Baker McKenzie LLP assess the content of the Strategy, in the context of the UK’s future relationship with the EU in the lead up to Brexit particularly relating to data flows, and the implications of the Strategy for digital businesses. During the publishing of this article, the Department for Digital, Culture, Media & Sport published its plan for a new Data Protection Bill which would put in practice the relevant propositions in the Queen's Speech. / read more

On 23 May 2017, the EU Council of Ministers announced that a so-called ‘general approach’ on the proposed revision of the Audiovisual Media Services Directive (the ‘AVMS Directive’) had been reached, thus triggering the EU trilogue process on reform of the legislation. Here, John Enser and Tomos Jones of CMS Cameron McKenna Nabarro Olswang LLP discuss the key substantive provisions within the proposed AVMS Directive, noting that while the core structure of the Directive may remain the same in many respects, there are also some radical departures in the proposed revision. / read more

The European Commission’s (‘EC’) decision to fine Google for having abused its market dominance in respect of its Google Shopping service has attracted plenty of media attention, particularly due to the record-breaking size of the fine. Here, Jonathan Cornthwaite, Partner and Head of Competition Law at Wedlake Bell LLP, assesses the legal aspects of the EC’s decision and what can be learned from the EC’s investigation. Jonathan also goes on to discuss whether the case sets a precedent and the kind of alterations to Google Shopping that might be expected as a result of the decision. / read more

In January 2017, consistent with the EU’s Digital Single Market strategy, the European Commission (the ‘Commission’) published a proposal for a new European services e-card to encourage cross-border services. In this article Susan Mclean, Of Counsel at Morrison and Foerster LLP, assesses the Commission’s proposal and the criticism received, particularly from German think tank the Centre for European Policy. / 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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