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European Commission to consult over website take-down procedures

19 January 2012 | Paul Gershlick

The European Commission is going to consult this year over take-down procedures for websites. Under the Electronic Commerce Directive, websites have no liability for illegal content that they host as long...

Tags on this discussion: e-commerce E-Commerce Directive E-Commerce Regulations electronic commerce (EC directive) regulations Electronic Commerce Directive EU EU Directive European Commission European Union Directive illegal illegal website content Internet Internet use Internet user On-line Online online content take-down take-down policies take-down policy UGC unlawful user-generated content web web content web postings web site web sites Website website content websites

Google not liable for allegedly defamatory comments posted on its hosted service when brought to its attention as they were still disputed by the author – Davison v Habeeb and Google, High Court

20 December 2011 | Paul Gershlick

Google was not liable for allegedly defamatory comments posted about Davison on Google’s hosted service at blogger.com, despite the online service giant having kept the comments up even after being told...

Tags on this discussion: defamation defamatory e-commerce E-Commerce Directive E-Commerce Regulations electronic commerce (EC directive) regulations Electronic Commerce Directive High Court host hosting Internet service provider libel libellous libelous On-line Online online content take-down take-down policy web web content web postings web site web sites web-host webhost Website website content websites

ASA reiterates that card surcharges must be well indicated

26 October 2011 | Mark Weston

The Advertising Standards Authority (ASA) has upheld a complaint that it received in relation to a website that was not clear about credit and debit card surcharges. The website had added a £1 or £2...

Tags on this discussion: advert advertising Advertising Standard Authority adverts ASA CAP code card surcharge commercial agreement Commercial contract commercial contracts consumer consumer contract Consumer Rights Directive contract contract law contracts credit card credit card surcharge debit card debit card surcharge e-commerce EU EU law European Union European Union law illegal infringement Internet job advertisements marketing marketing campaign misleading misleading advertising Office of Fair Trading OFT Online online content online payment method payment payment method surcharge unauthorised unlawful web web site web sites Website website content websites

L’Oréal battle with eBay worth it as ECJ delivers stunning victory for the cosmetics brand in battle against trade mark infringers – L’Oréal v eBay, European Court of Justice

27 July 2011 | Paul Gershlick

Some two years ago, the High Court ruled that eBay would not be jointly liable for trade mark infringements by its users who sold infringing products on its website. However, the ruling was referred to...

Tags on this discussion: brand brand protection branding brands CJEU Community Trade Mark Court of Justice of European Union Court of Justice of the European Union e-commerce E-Commerce Directive E-Commerce Regulations ECJ effective electronic commerce (EC directive) regulations Electronic Commerce Directive EU EU law EU trade mark European Community Trade Marks European Court of Justice European Union European Union law exemption High Court injunction Intellectual property Internet Internet access Internet connection Internet service provider Internet service providers Internet use Internet user IP IP rights IPR ISP liability liable On-line Online online content online marketplace online trading proportionate trade mark trade mark directive trade mark infringement Trade Mark Regulation trade marks trade marks directive trademark trademark infringement trademarks

European Commission looks to introduce online arbitration process for cross-border business-to-consumer disputes

2 June 2011 | Paul Gershlick

The European Commission is looking to introduce a new online arbitration system for low value cross-border business-to-consumer disputes to save consumers having to go through the court process. This should...

Tags on this discussion: ADR alternative dispute resolution arbitration B2B B2C business business-to-business business-to-consumer commercial commercial law consumer consumer agreement consumer agreements consumer contract consumer contracts consumer law consumer laws consumers cross-border Cross-border mediation dispute Dispute Resolution e-commerce EU Europe European Commission European Union International On-line Online online content online shopping online trading

BT and TalkTalk to appeal Digital Economy Act High Court ruling

31 May 2011 | Mark Weston

BT and TalkTalk, the telecoms firms, recently failed in their bid to have the Digital Economy Act judicially reviewed, which was brought on the grounds that the Act failed to comply with European law....

Tags on this discussion: anti-piracy appeal copyright copyright infringement Digital Economy Act Digital Economy Act 2010 e-commerce EU Europe European Commission European Union file-sharing General Election High Court illegal infringement Intellectual property intellectual property rights Internet Internet service provider Internet service providers IP ISP judicial review Online parliament piracy privacy unauthorised unlawful web site web sites websites

Digital Economy Act judicial review challenge fails – R (on the application of BT) v BIS, High Court

28 April 2011 | Paul Gershlick

BT and TalkTalk have failed in their bid to get the Digital Economy Act judicially reviewed. The Act was rushed through just before the last Parliament broke up prior to last year’s General Election...

Tags on this discussion: copyright copyright infringement DEA digital Digital Economy Act Digital Economy Bill Directive download downloading e-commerce E-Commerce Directive E-Commerce Regulations Electronic Commerce Directive EU EU Directive EU law Europe European Commission European Union file-sharer file-sharing General Election High Court illegal illegal download illegal downloading infringement Internet Internet access Internet connection Internet protocol address Internet service provider Internet service providers Internet use Internet user IP IP address IP infringement ISP judicial review music downloads On-line Online online content P2P peer-to-peer unauthorised wash-up

OFT publishes strategy to increase protection of consumer rights when shopping online, including better enforcement

13 December 2010 | Mark Weston

The Office of Fair Trading has published a strategy document to better protect consumers who shop online in the UK. The OFT would like to undertake more effective enforcement, improve compliance by businesses...

Tags on this discussion: agreement agreements B2C business-to-consumer consumer consumer law consumer laws Consumer Protection (Distance Selling) Regulations consumers contract contracts distance selling directive Distance Selling Regulations e-commerce E-Commerce Directive E-Commerce Regulations electronic commerce (EC directive) regulations Electronic Commerce Directive Internet Internet economy Office of Fair Trading OFT Online online content online shopping shopping trading standards web web site web sites Website website content websites

Internet publishers and ISPs plead for libel law reform

29 November 2010 | Mark Weston

Internet service providers and major web sites such as Facebook, Yahoo! and AOL have clubbed together to write to the Government asking for online libel law to be changed. Under the European Union’s...

Tags on this discussion: defamation Directive e-commerce E-Commerce Directive E-Commerce Regulations EU EU law Europe European Union host hosting Internet Internet service provider ISP libel libelous limitation Online online content web web site web sites Website website content websites

Digital Economy Act to undergo judicial review

12 November 2010 | Mark Weston

The Digital Economy Act is going to be judicially reviewed. The Act was rushed through just before the last Parliament broke up prior to this year’s General Election. The Act was passed in a rush in...

Tags on this discussion: copyright copyright infringement DEA digital Digital Economy Act Digital Economy Bill Directive e-commerce E-Commerce Directive E-Commerce Regulations EU EU Directive EU law Europe European Commission European Union file-sharer file-sharing General Election High Court illegal infringement Intellectual property intellectual property rights Internet Internet access Internet connection Internet protocol address Internet service provider Internet user IP ISP judicial review new Directive Online P2P peer-to-peer privacy unauthorised unlawful wash-up

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Latest news and views tagged e-commerce

European Commission to consult over website take-down procedures

Google not liable for allegedly defamatory comments posted on its hosted service when brought to its attention as they were still disputed by the author – Davison v Habeeb and Google, High Court

ASA reiterates that card surcharges must be well indicated

L’Oréal battle with eBay worth it as ECJ delivers stunning victory for the cosmetics brand in battle against trade mark infringers – L’Oréal v eBay, European Court of Justice

European Commission looks to introduce online arbitration process for cross-border business-to-consumer disputes

BT and TalkTalk to appeal Digital Economy Act High Court ruling

Digital Economy Act judicial review challenge fails – R (on the application of BT) v BIS, High Court

OFT publishes strategy to increase protection of consumer rights when shopping online, including better enforcement

Internet publishers and ISPs plead for libel law reform

Digital Economy Act to undergo judicial review

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