The bi-monthly law journal providing coverage and guidance of key e-commerce law cases, such as those dealing with domain names and domain name disputes, intellectual property rights, copyright infringements, liability, online / behavourial advertising, distance selling regulations, privacy law, cybercrime, social networking, trademarks, telecoms and software / read more
The latest issue of E-Commerce Law Reports: Volume 15 Issue 5
This latest edition of the internet case law journal has, unsurprisingly given recent events, something of a focus on data protection and privacy. First up is the CJEU's headline-making ruling in the Schrems v. Data Protection Commissioner case, in which the CJEU has declared the trans-Atlantic Safe Harbor agreement between the EU and the US to be invalid. Bridget Treacy and Lisa Sotto of Hunton & Williams provide a detailed analysis of the decision and its implications for the future of data transfers.
Another key ruling, again from the CJEU, that has perhaps been slightly overlooked as a result of the furore around Safe Harbor, is the finding of the CJEU in the Weltimmo case. The court found that DPAs of EU Member States can enforce the national law of their own country against companies with 'real and effective' activity in that territory, even if the company is registered in another Member State. This, of course, has implications for companies operating in multiple EU jurisdictions. Nicola Fulford of Kemp Little provides discussion of the case.
Amongst the other decisions covered in this edition are the US 'dancing baby' case, where the court decided that copyright owners must consider 'fair use' before they send takedown notices to ISPs, in a dispute over a YouTube video featuring a toddler dancing to a Prince song. Also discussed is the CNIL's decision to refuse Google's appeal to its demand that when enacting 'right to be forgotten' requests, Google de-index the pages in question from all of its search results globally and not just in the jurisdiction of the sender of the request.
PLUS: The latest Wyndham cyber security ruling - ASA rulings on Moshi Monsters and Bin Weevils - Canadian Radio-Television and Telecommunications Commission's realignment of wholesale wireline services - the French Constitutional Court considers the new Intelligence Act - Hong Kong enforces its privacy Ordinance against direct marketing activities.