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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. … Continue Reading

FTC Announces “Start with Security” Business Education Initiative; Issues Security Guidelines to Businesses

The Federal Trade Commission (“FTC”) has launched a new initiative, dubbed “Start with Security,” which is focused on assisting businesses in developing greater security to protect consumers’ personal information. To kick off the initiative, the FTC issued Protecting Personal Information:  A Guide for Business, which is based on the lessons learned from the approximately fifty (50) … Continue Reading

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, France, Greece, the Netherlands, Slovenia, … Continue Reading

Belgium getting tough on Facebook?

By Patrick Van Eecke and Julie De Bruyn Today a delegation of Facebook is meeting with the Belgian ‘Secretary of State’ responsible for Privacy , Bart Tommelein. The subject of conversation are Facebook’s new terms of service and data policy, which are claimed to be in breach of the Belgian Data Protection Act. This afternoon, … Continue Reading

“Toubon Law” 20 Years On: The Cyber Economy and France’s Law on the Mandatory Use of the French Language

Written by: Carol Umhoefer; Farid Bouguettaya; and Maruschka Graham In 1994, France implemented a law, known as the “Toubon Law” after France’s then-minister of Culture, Jacques Toubon, to preserve the French language, protect French consumers and promote French culture. At the time, the world wide web and the cyber economy were nascent; online marketplaces were … Continue Reading

24 privacy authorities worldwide call for more mobile app privacy

By Patrick Van Eecke & Julie De Bruyn Last week, the increased focus of national data protection authorities on the processing of personal data through mobile apps was again confirmed in an open letter from a group of data protection authorities. Earlier this year, the Global Privacy Enforcement Network (GPEN, consisting of 40 national and … Continue Reading

Storing IP addresses – German referal to the ECJ

By Jan Pohle, Partner, Cologne (Decision of 28 October 2014, VI ZR 135/13) The German Federal Supreme Court had to decide whether the Federal Republic of Germany may save the IP address of a visitor to their websites beyond the termination of the respective user activity. The Supreme Court decided first to suspend the proceedings … Continue Reading

Spain – Competition Authority orders 4G operators to give MVNOs access

Author: Ceyhun Pehlivan, Associate, Madrid Spain’s Competition Supervision Authority (CNMC), currently in charge of both competition and regulatory matters has ordered the main Mobile Network Operators (MNO) in Spain, namely Telefónica (Movistar), Vodafone and Orange, to ensure wholesale 4G network access for the Mobile Virtual Network Operators (MVNO). This decision is made in response to … Continue Reading

Europe: Right to be forgotten guidelines adopted by WP29

Article 29 Working Party adopts guidelines on the implementation on the Right to be Forgotten judgment of the CJEU By Patrick Van Eecke & Julie De Bruyn The Article 29 Working Party, the European data protection advisory body existing of representatives of the national data protection authorities of the EU Member States, announced yesterday to … Continue Reading

BELGIUM: Belgian government’s new focus on privacy and technology laws

By Patrick Van Eecke and Antoon Dierick Almost five months after federal parliamentary elections took place, the negotiators from the four political parties around the negotiating table (Flemish parties NVA, CD&V and Open VLD and Walloon party MR) reached a coalition agreement which contains quite a few interesting policy initiatives from a privacy and IT … Continue Reading

FRANCE: A French Court orders a Swiss company selling French game tickets over the Internet to prevent French Internet users from accessing part of its websites

By Florence Guthfreund-Roland & Mathilde Hallé On April 10, 2014, the Court of First Instance of Paris found that VIAGOGO, a Swiss company operating a website selling sports tickets on the Internet, had no right to sell tickets for a French soccer game organized by the French Professional Soccer League. On that basis, the Swiss … Continue Reading

Fraudulent use of a service by hackers – a lesson for service providers

A recent case contains some salutary lessons for service providers concerning liability for fraudulent use of their services. It appears that unless the contract has clear terms to the contrary then the service provider, not the end user, will pay for fraudulent use of a service by hackers even if the end user has not properly … Continue Reading

California Issues Guidance To Companies on Disclosing Privacy Practices

Written By:  Michelle Anderson This week, California Attorney General (AG) Kamala Harris released a series of recommendations designed to help businesses make their privacy policies meaningful to consumers: Making Your Privacy Practices Public.  As interpreted by the AG’s Office, a “meaningful” privacy policy is one that helps consumers “make informed decisions about which companies they … Continue Reading

DLA Launches New Edition of Data Protection Laws of the World Handbook

DLA Piper’s Data Protection & Privacy group are delighted to announce the launch of the third edition of the Data Protection Laws of the World Handbook – a great way to celebrate Data Protection Day! This edition is particularly exciting as it is available via our new online site, which has a number of new … Continue Reading

Pirate Bay case: Belgian Supreme Court confirms lawfulness of generic IP blocking injunctions

By Patrick Van Eecke, Alexis Fierens and Ivanka Zdravkova (DLA Piper – Brussels) By the judgment rendered on 22 October 2013 in the Belgian version of the long-lasting The Pirate Bay saga, the Belgian Court of Cassation (Belgium’s Supreme Court) confirmed the lawfulness of a far-reaching injunction order against all national Internet service providers. According … Continue Reading

Europe: Mosley v Google – game, set but not match yet.

By Patrick Van Eecke and Antoon Dierick – DLA Piper Brussels;      On November 6, a Paris Court ordered Google to filter out hyperlinks to images of former F1 boss Max Mosley in an allegedly Nazi-themed sadomasochistic orgy. (TGI Paris, 17e ch., 6 novembre 2013, RG 11/07970, Max Mosley c. Google Inc et Google France) This … Continue Reading

California Passes Law Giving Minors an “Eraser Button”

On September 23, California Gov. Jerry Brown signed SB 568 into law, a bill that gives minors in California the right to require that Internet companies delete content posted online by the minors.  This concept is sometimes referred to as an online “eraser button.”  The law takes effect Jan. 1, 2015. The law does not give minors the … Continue Reading

The most ambitious plan in 26 years of telecoms market reform? No way!

The European Commission’s claim that this weeks proposed new telecoms regulation constitutes “the most ambitious plan in 26 years of telecoms market reform” is preposterous. That honour must belong to the set of new directives in 2002 which transformed the structure of telecoms regulation and facilitated competition throughout Europe. Instead the plans make great play … Continue Reading

European Parliament Report on Online Gambling

By Patrick Van Eecke and Antoon Dierick The European Parliament today published its Report on online gambling in the internal market calling for a balanced and EU compliant approach when regulating the market. The European Parliament Resolution contains more than 50 policy statements directed towards the market, the European Commission and the Member States. The … Continue Reading
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