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Leading Internet Case Law

Volume: 17 Issue: 5

The Grand Chamber of the European Court of Human Rights reversed a First Chamber decision and found that the Romanian courts, in reviewing the decision of a private company to dismiss an employee after having monitored his communications on an online messaging service, failed to strike a fair balance between the employee’s right to respect for his private life and correspondence, on the one hand, and his employer’s right to take measures in order to ensure the smooth running of the company, on the other. / read more

This case saw the UK High Court indicate a broad scope for the sui generis database right (the ‘Database Right’) found within the EU Database Directive 96/9/EC, which rightsholders have found difficult to assert against a third party in light of numerous Court of Justice of the European Union (‘CJEU’) decisions in this area. / read more

The US Court of Appeals held that Uber’s terms of service containing an arbitration clause was reasonably conspicuous, in a case where Uber had previously asked the Lower Court to require plaintiff Spencer Meyer to arbitrate a dispute with Uber. The case represents a victory for mobile app companies and internet businesses that seek to compel arbitration through agreements in their apps’ terms of service. / read more

The French Court of Cassation recently approved a judgment of the Court of Appeals of Paris which analysed the balance of interest between the right of ISPs to carry out their business and the protection of intellectual property rights, finding that ISPs should be expected to bear the costs of blocking access to pirate websites. / read more

The U.S. Ninth Circuit Court of Appeals upheld a cy pres only award settlement, in a case in which plaintiffs alleged that Google violated their privacy by disclosing search engine data to third party websites as a consequence of ‘browser architecture.’ / read more

While the German Federal Supreme Court (‘BGH’) reasoning in the Thumbnails III case is yet to be published, the official press release reveals that the BGH transposed the hyperlinking-related decision in GS Media (C-160/15) to a search engine scenario, and went a step further by highlighting that, in respect of internet search engines, there is no room for a rebuttable presumption of copyright infringement. / read more

This case once again reinforces the importance to competition authorities of retailers’ ability to sell products online and comes after a string of cases in recent years where suppliers have sought to restrict retailers’ online activities. / read more

The Supreme Court of India issued a landmark ruling in Justice K.S. Puttaswamy (Retd.) v. Union of India, with a nine-judge bench unanimously delivering a judgment to uphold the right to privacy as a fundamental human right under the right to life and personal liberty in Article 21, Part III of the Indian Constitution. / read more

The use of social media influencers has grown rapidly in an effort by brands to reach new demographics. Influencers are individuals who leverage their social media following to promote a brand or product in exchange for compensation. As influencers have gained popularity on social media platforms, the US Federal Trade Commission (‘FTC’) has closely scrutinised the disclosure of material connections. / read more

The Spanish Data Protection Authority, following an investigation, has found that Facebook processes data, including sensitive data, for advertising purposes without obtaining adequate consent; it also found that Facebook does not delete users’ data when requested to do so or where the data becomes no longer relevant. The Spanish Data Protection Authority’s findings, and subsequent fine handed down to Facebook, represent the consequences of broader changes to how data processors are viewed within the EU. / 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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