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Leading Internet Case Law

Volume: 17 Issue: 1

In the combined cases of Tele2 and Watson, the Court found that Member State laws mandating bulk retention of particular metadata generated by electronic communications using public communications networks would only be lawful if carried out with suitable checks and balances to protect individuals and, in particular, their fundamental rights to privacy and to protect their personal details. This applies even where the retention is to combat serious crime or for national security under local Member State law. / read more

In a step towards the cross-border jurisdiction of national courts in e-commerce, the Court of Justice of the European Union (‘CJEU’) clarified which court had jurisdiction in the case of an alleged breach of a prohibition on resale outside of a selective distribution network. / read more

In the most recent case concerning Google Inc. and Mr Trkulja, the Court ruled in favour of the appeal from Google, finding that as the case was pleaded and argued by the Claimant, Google could not be held to be the publisher of the alleged defamatory material. / read more

BT, Dropbox, Google and Mozy have made commitments following a review by the UK’s Competition and Markets Authority (‘CMA’) into consumer law compliance in the cloud storage sector. / read more

The Higher District Court of Celle dealt with the question of what crimes are committed by an individual who distributes the content of a pay-TV provider to third parties who cannot receive the said content legally due to the lack of a subscription from the pay-TV provider, marking the first time a German Higher District Court has looked into this question. / read more

The Full Federal Court dismissed an application by the Privacy Commissioner seeking orders in relation to a decision by the Australian Administrative Appeals Tribunal, which had overturned a determination by the Australian Privacy Commissioner granting journalist Ben Grubb access to certain data relating to Mr Grubb’s use of Telstra mobile services. The Court’s judgment clarifies that the particular context of data collection and use is relevant to the determination of whether information is ‘personal information.’ / read more

Broadband internet has been held to be a basic telecommunications service by Canada’s national regulator, the Canadian Radio-television and Telecommunications Commission (‘CRTC’) in a decision that sets out the actions being taken to help Canadians participate in the digital economy and society. / read more

In a case concerning two online bathroom retailers with remarkably similar names, the High Court considered, for the first time, whether honest concurrent use could act as a defence to keyword advertising trade mark infringement. / read more

The Court held that Canada based WhatsApp was subject to Dutch data protection law and confirmed an order issued by the Dutch DPA for WhatsApp to appoint a representative in the Netherlands. The case is the latest in a string of EU data protection cases in which national regulators have looked to bring within their jurisdiction foreign companies interacting with national data subjects. / 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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