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Leading Internet Case Law

Volume: 15 Issue: 5

In a landmark judgment the Court of Justice of the European Union (‘CJEU’) followed the Attorney General’s opinion in ruling that the EU-US Safe Harbor cross-border data transfer mechanism that had served trans-Atlantic trade for the past 15 years is invalid. / read more

The court considered - in the case otherwise known as the ‘dancing baby’ - that copyright owners must consider ‘fair use’ prior to sending takedown notices to ISPs. / read more

The CJEU has ruled that national data protection authorities may enforce national law against companies with ‘real and effective’ activity in their territory, even if the company is registered in another Member State. / read more

The Court of Appeals for the Third Circuit issued its opinion that the US Federal Trade Commission has the authority to bring an action under Section 5 of the FTC Act for allegedly “unfair” cyber security practices, following a challenge by Wyndham Hotels. / read more

On 21 September 2015, the President of the French data protection authority (the ‘CNIL’), rejected Google Inc.’s appeal of its formal cease and desist order demanding that Google Inc. delist links across all Google extensions globally when granting ‘right to be forgotten’ requests, placing the firm between a rock and a hard place. / read more

The CRTC applied its essential services test to wholesale wireline high speed access services, and concluded with a decision to, inter alia, mandate disaggregated wholesale high speed access services for incumbent carriers. / read more

The UK’s ASA ruled that advertising practices used by the Moshi Monsters and Bin Weevils games are in breach of UK advertising regulations, in two decisions with implications for developers of online games targeted at children. / read more

The French Constitutional Council considered almost all of the provisions of the new French Intelligence Act - enacted in France on 26 July 2015 - to be in accordance with the French Constitution, and generally the French constitutional principles, in a decision of 23 July 2015. / read more

Two fines mark the first enforcement action concerning Hong Kong’s Personal Data Ordinance; the fines were issued following consumer complaints to the Office of the Privacy Commissioner for Personal Data in Hong Kong. / read more

About Leading Internet Case Law:

The bi-monthly case law publication providing expert analysis of key cases relating to the internet. Topics covered include intellectual property rights, copyright infringements, ISP liability, online advertising, distance selling regulations, privacy law, social networking, telecoms, and domain name disputes / read more

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