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Digital Business Lawyer

Volume: 19 Issue: 9
(September 2017)


The UK Government published its proposals for a shared approach to data protection with the EU post-Brexit on 24 August 2017, in its Policy Paper entitled ‘The exchange and protection of personal data - a future partnership paper.’ The UK Government’s Department for Exiting the European Union published the Partnership Paper, stating that it is essential that a UK-EU model for protecting and exchanging personal data is agreed, which allows for the free flow of data to continue between the EU and UK, and which provides certainty for businesses. / read more

The Supreme Court of India issued a landmark ruling on 24 August 2017 finding that privacy is a fundamental right guaranteed under Article 21 of the Indian Constitution, in the case K.S. Puttuswamy v. Union of India. A nine judge panel of the Supreme Court confirmed that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Indian Constitution. / read more


The last year has seen a surge in interest in artificial intelligence (‘AI’), especially algorithmic pricing, and what it means for antitrust law, with competition regulators such as the UK Competition and Markets Authority (‘CMA’) and EU Competition Commissioner Margrethe Vestager taking an interest in this area, typically as part of ongoing work in relation to the digital world more generally. The headline-grabbing concern here is the possibility that AI and pricing algorithms could collude in order to automatically fix prices. A number of regulators submitted their views on this issue to the OECD’s June 2017 roundtable on Algorithms and Collusion. In this article, Stephen Wisking and Molly Herron of Herbert Smith Freehills LLP consider the regulatory stances taken so far and take an indepth look at the views submitted by the European Commission to the OECD roundtable, with the EC position presenting some detail on the issues algorithmic pricing could cause for antitrust law. / read more

The EU’s Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market (‘Portability Regulation’) is set to become applicable on 20 March 2018. Here, Dr Nils Rauer of Hogan Lovells LLP considers the Portability Regulation as a first step towards realising the European Digital Single Market, and looks at how the Portability Regulation has attempted to balance the needs of consumers, service providers and rightsholders. / read more

The Higher Regional Court of Munich issued an interim injunction against Google in Case no. 18 W 826/17 prohibiting the search engine provider from linking to a third party database, the Lumen Database, which contained un-redacted links to content that had been removed from its search results. Felix Hilgert of Osborne Clarke provides an overview of the case and the wider impact. / read more

The UK’s Advertising Standards Authority (‘ASA’) has ruled on a number of cases involving inaccurate user data being used by advertising algorithms resulting in age-restricted content being shown to under-age users through misplaced targeted advertising. In response to the risk of such misplaced advertising the Committee of Advertising Practice (‘CAP’) published new guidance in June 2017, entitled ‘Children & age-restricted ads online,’ to assist online advertisers in demonstrating that they have targeted age-restricted ads appropriately. Dan Smith and James Holland, of Gowling WLG, provide insight into navigating this sensitive area of online marketing and analyse the CAP’s latest guidance. / read more

One of the most closely watched competition law cases of recent times has been the case of Coty Germany GmbH v. Parfümerie Akzente GmbH. The case is currently before the Court of Justice of the European Union (‘CJEU’) and concerns whether it is possible for a supplier of luxury products operating a selective distribution system to ban its authorised retailers from selling the supplier’s products on third party platforms such as Amazon and eBay. On 26 July 2017, the case reached a significant milestone, with the publication of Advocate General (‘AG’) Wahl’s Opinion on the matter. Paul Stone, Partner at Charles Russell Speechlys, dissects the case, AG Wahl’s Opinion and the wider impact of the case. / read more

The Competition and Markets Authority (‘CMA’), the UK’s primary competition and consumer authority, has recently pushed Airbnb, the world’s fastest growing online marketplace and hospitality service, to remedy a major loophole in its online review system. The change means that guests who decide not to stay at a property for the full duration will be able to leave reviews. Airbnb has committed to implement the changes by 31 August 2017 and it is understood that the changes will be made worldwide. Farhana Khanom of Shoosmiths LLP provides insight into the CMA’s concerns and the importance of online reviews. / read more

The German law against hate speech (Netzwerkdurchsetzungsgesetz) was passed by the Parliament and the Federal Council in July 2017. Even though it drew a lot of criticism for different reasons from jurists, media, trade associations, internet platforms and social media companies, the law will come into force on 1 October 2017 without any significant changes, as Kathrin Schürmann, Partner at Schürmann Wolschendorf Dreyer, explains. / 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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