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Leading Internet Case Law

Volume: 16 Issue: 1

In a landmark judgment, the European Court of Human Rights applied Article 8 of the European Convention on Human Rights to employers’ monitoring of the electronic communications of their employees. / read more

The TRAI has effectively banned services such as Facebook’s ‘Free Basics’ service by prohibiting providers from charging discriminatory tariffs for data services on the basis of content accessed by the user and barring arrangements with the same effect. / read more

The French authorities have requested Facebook’s compliance with the French law on civil liberties and demanded modifications of Facebook’s T&Cs respectively. / read more

The Regional Court of Frankfurt am Main has banned a controversial discount campaign run by the mytaxi app, in a case that emphasises the challenges posed by German law to innovators in the German taxi market. / read more

In a case involving requests to a website asking for the removal of certain content, the Court clarified the position of intermediaries faced with such requests and watered down the instances in which an intermediary may be forced to remove such content. / read more

The Court considered the reasoning in the BT v. One in a Million Ltd case in a different factual context, and explored whether a national court could grant declaratory relief that the registrant was not acting in bad faith following a UDRP finding of bad faith. / read more

The Court ruled that an Amazon vendor is liable for the anticompetitive ‘share’ feature on the Amazon website, in a case that has implications for companies and online vendors hosting retail websites on their online platforms in Germany. / read more

The Ontario Superior Court provided guidance for police and prosecutors on obtaining customer data from ‘tower dumps,’ which are a means of obtaining all of the records of a given cell phone tower at a particular time. / read more

Bringing to an end a legal battle that began in 2007, the Court confirmed that Yahoo! should have revealed the identity of seven users of Yahoo! accounts who were involved in an internet scam, in another example of a case exploring the issue of jurisdiction and the internet. / read more

The UK’s ASA’s decision, issued on 6 January 2016, not to find a website in breach following claims of misleading advertising highlights the growing importance of user-generated content, and contrasts somewhat with prior ASA rulings regarding the visibility of information and clarity for consumers. / read more

The High Court of England and Wales has confirmed that email communications can constitute a binding agreement under English law, in another example of a case that applies English contract law rules to email communications. / read more

The Tribunal’s overturning of an earlier determination by the Australian Privacy Commissioner throws open the issue of when device information is ‘about an individual whose identity may be reasonably ascertained from the information.’ / 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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