4 10 October 2002

News:

The UK Internet Service Providers Association (ISPA) is waiting for the Home Office to respond to their concerns about data retention requirements arising from the Anti-Terrorism Crime & Security (ACTS) Act.

ICSTIS, the Independent Committee for the Supervision of Standards of Telephone Information Services, has fined and barred two European online sexual entertainment service providers using powers under the UK’s Electronic Commerce (EC Directive) Regulations 2002 which came into force on 21 August.

The US Department of Justice will spell out the US government’s attitude to money laundering and payment systems in online gambling at a Special Briefing organised by World Online Gambling Law Report on 20 November at the Café Royal in London.

Features:

Marketeers are exploring with growing excitement the opportunities offered by the multiple platforms that are becoming available; Interactive TV, sms messaging, premium rate competitions, the spread of broadband and the long awaited emergence of high quality mobile, broaden out dramatically the potential of online commerce.

There has been a noticeable increase in the number of cases being brought against ISPs in relation to the conduct of their users. The trend towards peer-to-peer (P2P) computing is causing copyright owners concern, not least in the music industry. Since 1999 there have been a number of cases against those providing P2P file sharing services. Of these, perhaps Napster1 has had the highest profile. However, recently we have seen a successful action brought against Madster2 by the Recording Industry Association of America (RIAA), which resulted in an injunction being granted to the RIAA on 30 October 20023. Under the injunction, Madster is required to prevent its users from uploading and downloading copyright protected works.

The Information Commissioner’s publication of a new enforcement strategy last month signals the intention to adopt a more aggressive stance in pursuing enforcement action against organisations failing to comply with the Data Protection Act 1998. This article looks at the background behind the changes and the potential implications of the new strategy.

So, business is going well, your website looks good, you have satisfied customers and, of course, you are not selling anything illegal. So, what is the problem? Well, the ‘keep quiet and no-one will know’ approach to legal compliance on the web is at an end; ‘Big Brother’, in the form of various regulatory authorities, is watching. This article features some of the organisations that may be looking at your website - in particular the Office of Fair Trading (‘OFT’) - and the ‘stop now’ powers under the Electronic Commerce (EC Directive) Regulations 2002 (the ‘E-Commerce Regulations’) and the Information Commission with its more pro-active approach to data protection issues.

The scope of the VAT charge on digital products supplied from outside the EU will extend significantly in July 2003. Both non-EU suppliers and their EU-based customers will be affected by this change. In particular, from 1 July 2003, non-EU businesses which supply digital products to EU-based private customers will be obliged to register and account for VAT on these supplies. EU businesses which buy digital products from outside the EU may also suffer a VAT charge on a broader range of products than is currently the case.

Technological advances have transformed the landscape in which businesses can advertise and market their services. The aim of this article is to highlight some of the key contractual issues which arise in relation to advertising online.