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Leading Internet Case Law

Volume: 17 Issue: 6

The Court of Justice of the European Union (‘CJEU’) has issued a preliminary ruling on the appropriate jurisdiction for a claim arising out of online defamation, finding that a claimant can take legal action for all damage claimed, and for a takedown injunction, in the country where it has its centre of interests. / read more

In a judgment of wide ranging interest across Europe, the District Court of Amsterdam ruled on 4 October 2017, in the so-called Nike/Action Sport case, on the prohibition of internet sales via an unauthorised online platform in the context of a selective distribution system. / read more

Hangzhou Xihu District Court of China recently issued a unique judgment, ordering the operator of the online platform Shatui Network, Hangzhou Jianshi Network Technology Co. Ltd., to pay compensation to e-commerce platform operator Alibaba. This is the first case where click farming activities have been clearly determined to be unfairly competitive. / read more

The German Federal Supreme Court’s (‘BGH’) ruling found that a lawyer’s attempt to prove that an online B2B seller had not sufficiently informed a consumer of their consumer rights, via a test purchase made on behalf of the claimant, was not admissible. This case provides valuable insight into the necessary measures online B2B sellers must take in order to prevent unwanted consumer purchases on their platforms. / read more

Advocate General Bot issued an Opinion in Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein v. Wirtschaftsakademie Schleswig-Holstein GmbH, in the presence of Facebook Ireland Ltd1, which is pending before the Court of Justice of the European Union (‘CJEU’). / read more

The European Court of Human Rights (‘ECtHR’) dealt with a complaint by Mr Tamiz that his rights under Article 8 and Article 13 of the European Convention on Human Rights (‘ECHR’) had been breached by the UK national courts, which had dismissed his defamation claim against Google over content posted on its platform. / read more

The Dutch Data Protection Authority (‘DP Authority’) launched an investigation into Microsoft’s data processing made via its Windows 10 operating system. The DP Authority published its report1 on 13 October 2017, which found that Microsoft breaches the Dutch Data Protection Act (‘DDPA’) when processing the telemetry data of Windows 10 users. The report’s conclusion signifies the importance of default settings in the context of software updates and user consent requirements for cross-border data collection. / read more

Two cases - one at the Supreme Court of Canada, and another at a lower court but following similar reasoning as the Supreme Court in the earlier case - involving the right of a plaintiff to launch a privacy class action in the plaintiff’s province appear to indicate a trend of Canadian courts refusing to enforce forum selection clauses in the terms of use of free online services in Canada. One result of these decisions is increased uncertainty for foreign businesses looking to offer their online services in Canada. / read more

On 22 November 2017, the German Federal Court of Justice rendered two judgments involving purchase price reimbursement under PayPal’s purchase protection scheme for buyers. The Court held that the scheme does not protect purchasers from being sued for the purchase price by the seller even if PayPal has granted them reimbursement. / read more

The judgment of the UK High Court in Al-KO Kober Ltd and Mr Paul Jones v. Balvinder Sambhi (t/a Torquebars) (‘Al-KO Kober v. Sambhi’) demonstrates that the Data Protection Act 1998 (‘DPA’) can be a useful tool in combating online personal smear campaigns by competitor businesses. The judgment also shows that an application for an interim injunction in a case of malicious falsehood will face significant challenges, but that a judge may still grant the relief sought if the defendant can offer no sensible explanation for their belief in their own statements. / 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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