7 2 February 2005

News:

The rapid development of Radio Frequency Identification (RFID) technology, which is used to track people and goods has prompted the EU Article 29 Data Protection Working Party to examine the implications of the technology.

The European Commission has admitted that the E-Money Directives, adopted in 2000, failed to anticipate the way in which online payments would develop, and has published new guidance concluding that most third party pre-pay m-commerce transactions do not give rise to the issuance of e-money.

The UK Gambling Bill is facing a race against time to go through all its stages before Parliament is dissolved for a predicted Spring election. The Bill has taken longer going through Committee than had originally been hoped but the Government remains confident that the Bill will go through, given the cross-party support for gambling reform.

Features:

The flexible approach to the regulation of m-commerce indicated in the European Commission’s January Guidance is to be welcomed. E-money remains a feature of remote transactions which has so far failed to live up to the early promise of its backers.

Distance selling group urges EU Parliament to review draft Directive on unfair commercial practices

Department of Trade and Industry awaits response from EU over Data Protection Act 1998

Department of Trade and Industry publishes distance selling guidance for businesses

Poland delays draft Directive on patentability of computer-implemented inventions

European Commission publishes Action Plan on electronic public procurement

Trade Body launches initiative to promote safe e-betting

I thought it might be useful to look at how I first came to subscribe to E-Commerce Law & Policy and what have been some of my personal e-commerce issues, hindrances and help in 2004/5 so far.

Almost three years after the implementation of the EU’s E-Money Directives, the European Commission has acknowledged that the regime has, in effect, been overtaken by developments in online payments not anticipated at the time of drafting. Claire Walker of Olswang considers the Commission’s call for light touch regulation and the significance of its new, non-binding, guidance on the application of the E-Money Directives to mobile operators.

The recent Dutch case, A Kant v Pfizer B.V., has clarified further, issues surrounding the sale of pharmaceuticals online.

Colin Long, Partner in Olswang’s Media, Communications and Technology Group, reviews OFCOM’s plans for radio spectrum liberalisation. He considers how the rights of incumbent licence holders might be affected and how such incumbents might challenge OFCOM’s proposals.

On 27 December 2004, the EU Commission approved model terms for data transfer developed by a number of business organisations. (See here). The Commission decision is effective as from 1st April 2005, although it seems likely that many supervisory authorities will allow use of the terms before then. Ruth Boardman, partner at Bird & Bird, explains the structure of the new terms.

References to the ECJ on choice of laws

Software Patents Directive debate still stalled

E-money and mobile phone operators

Action Plan to move public purchasing online

New Directive on electromagnetic compatibility

Two new methods of complying with EU data export restrictions

COPYRIGHT: Kahle v Ashcroft

COPYRIGHT: Two US Courts of Appeal have, in the space of nine weeks, confirmed two clear and concise rules for using samples without consent.