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Leading Internet Case Law

Volume: 16 Issue: 4

The Court held that the US Stored Communications Act does not authorise warrants requiring an electronic communications service provider to produce information stored outside the US, in a case involving email content stored on Microsoft servers in Dublin. / read more

The Belgian Supreme Court has confirmed the existence of a right to be forgotten online under Belgian law in a case involving a doctor’s request for anonymisation of his identity in an online newspaper article first published in 1994. / read more

The CMA’s decision, of 12 August 2016, emphasises the need for e-commerce businesses of all sizes to be aware of competition law requirements. The CMA’s action has run in parallel to the US Department of Justice’s own investigation of Trod. / read more

The Court’s ruling is the latest in a line of appeals decisions to confirm that the US Government can obtain cell-site location data as long as a court order is issued pursuant to the US Stored Communications Act. / read more

The Court upheld a decision granting a ‘site-blocking’ injunction to require ISPs to take steps to impede the sale of counterfeit, and therefore trade mark infringing, goods, confirming that such injunctions are available in the context of trade mark infringement. / read more

A newspaper’s editor and director were found liable for keeping an article online after receiving notice from individuals claiming the article violated their privacy rights in a controversial decision some describe as placing an ‘expiry date’ on online news items. / read more

With this settlement of 11 July 2016, which regards an advertising campaign in which Warner Bros. allegedly failed to adequately disclose that YouTube influencers were paid to provide positive reviews of Warner Bros. products, the FTC has drawn attention to the line between acceptable and misleading native advertising. / read more

The High Court has approved of the use of predictive coding at a contested hearing for the first time, meaning that it is possible to say that the agreement of both sides is not crucial for predictive coding to be employed as part of the disclosure process. / read more

The Court issued an interlocutory injunction, rare in a copyright infringement matter, against retailers of set-top boxes ‘pre-loaded’ with various applications to allow users unauthorised access to copyrighted television content. / read more

The ECJ ruled that the fact that the undertaking responsible for data processing does not have a branch or subsidiary in a Member State does not preclude it from having an ‘establishment’ there under Article 4 of the EU Data Protection Directive. / 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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