Separate to considering the legal terms and conditions that organisations ask consumer customers to sign up to, consumer experts and regulatory authorities are increasingly considering the impact of ‘online choice architecture’ (“OCA”), ie the design of websites, apps and devices that influence consumer behaviour and that leads a
Continue Reading Online Choice Architecture

Since its inception 30 years ago, the Computer Misuse Act 1990 (CMA) has acted as the primary legislative sword and shield of the UK against a threatening, and ever-growing, cloud of cyber-enabled crime. It is no longer the case that those exploiting an organisation’s threat-vectors exist in dark basements wearing
Continue Reading A Blunted Sword and a Chipped Shield: A call for development to the Computer Misuse Act 1990

In the latest episode of DLA Piper’s Beyond the Curve podcast, Victoria Lee, co-chair of the firm’s global Technology sector, talks with Léo Murgel, VP, Legal and Corporate Affairs COO at Salesforce, about how technology such as the company’s Work.com platform can ease the transition as employees return to the
Continue Reading Beyond the Curve podcast: The role of technology in transitioning back to the office

Written by Giangiacomo Olivi

Some Italian parliament members published a proposal for a new law that may dramatically change the scenario for e-commerce and web operators doing business in Italy.

The proposal (called by some commentators as “Digital” or “Web Tax”) is substantially a combination of domestic rules affecting the taxation of the digital economy. Also in line with the OCSE “Action Plan on Base Erosion and Profit Shifting (BEPS) the proposal includes:

  • the setting up of a new concept of permanent establishment in Italy (which should cover also a “virtual permanent establishment” in line with the OECD approach);
  • the application of a 25% withholding tax to be applied by the financial institution processing the payments made to a foreign e-commerce provider by an Italian customer (B2C transaction);
  • the application of a 25% withholding tax to be applied where it is identified a hidden “virtual permanent establishment” on payments made by an Italian company to a foreign e-commerce provider (B2B transaction). Also in this case the withholding tax is applied directly by the financial institution processing the payment process.

Continue Reading ITALY – New “Digital Tax” in Italy for e-commerce and web operators!

By Patrick Van Eecke and Julie De Bruyn

Article 29 Working Party, the European data protection advisory body, has published its report on the ‘cookie sweep’ that was carried out in September last year in partnership with data protection authorities and other regulators across 8 Member States (Czech Republic, Denmark,
Continue Reading EUROPE: European cookie sweep results published: average of 34.6 cookies per website.