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
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Digital Commerce
A Blunted Sword and a Chipped Shield: A call for development to the Computer Misuse Act 1990
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…
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Beyond the Curve podcast: The role of technology in transitioning back to the office
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…
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New requirements for chat bots in California
Companies that use chat bots to interact with users in California now must comply with a new California law that is already in effect. The new law, which requires clear and conspicuous disclosures when bots are used in online communications in California, aims to reduce confusion…
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How eCommerce changes with new consumer and privacy regulations?
eCommerce is exponentially becoming regulated as a consequence of recent decisions and changes of consumer and privacy laws.
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WhatsApp and Skype regulated in Italy?
WhatsApp and Skype might be subject to new regulatory obligations in Italy as a consequence of the consultation just launched by the Italian communication authority (AgCom).
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ITALY – New “Digital Tax” in Italy for e-commerce and web operators!
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.
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eCommerce sites NOT liable for reviews?
TripAdvisor did NOT mislead its users on the truthfulness of reviews published on its site, and the € 500K fine previously issued shall be cancelled.
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The magic button of smart homes and social media
The launch of smart home technologies and social media functionalities enabling quick purchases hides the risks of lack of compliance with European e-commerce and distance regulations.
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EUROPE: European cookie sweep results published: average of 34.6 cookies per website.
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,…
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