Category

eCommerce

07 October 2020

European Court of Justice Applies Free Movement Rules of E-Commerce Directive to Advertising by Mail-Order Pharmacy

In its judgment from October 1, the European Court of Justice (ECJ) ruled that an EU Member State cannot restrict a mail-order pharmacy, established in another Member State, from using paid referencing on search engines and price-comparison websites to promote its service, unless the Member State clearly establishes that the … Read More

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05 October 2020

Introducing Sidley’s Blockchain Legal Launch Pad

Adoption of blockchain and distributed ledger technology has the potential to revolutionize business and business practices in ways not seen since the advent of the internet and e-commerce.

Whether you are directly responsible for researching, developing, or implementing new blockchain initiatives, or you are executive management and need a more … Read More

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03 January 2017

ePrivacy Directive – European Commission Publishes Results of Consultation

On 11 April 2016, the European Commission consulted on Directive 2002/58/EC on privacy and electronic communications (the “ePrivacy Directive”), seeking input from a wide range of businesses, organizations and individuals on the effectiveness of the ePrivacy Directive and their views for its revision. The European Commission’s review is … Read More

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02 December 2016

European Commission adopts its Work Programme for 2017; includes focus on Digital Single Market Strategy and General Data Protection Regulation

On October 25, 2016 the European Commission (the “Commission“) adopted its 2017 Work Programme (the “Work Programme”) which sets out what the Commission intends to do over the next 12 months. The Work Programme is the third to be presented under Jean-Claude Junker’s presidency of the … Read More

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07 September 2016

Why Design Matters: It Can Determine Whether an Online Agreement is Enforceable

*Updated on September 8, 2016

The Southern District of New York recently issued a ruling that raises new issues with customer consent and arbitration contracts in a simple click-through agreement, adding to the increasing judicial skepticism over the enforceability of browse-wrap agreements, despite the Supreme Court’s seeming endorsement of consumer … Read More

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19 August 2016

NIST requests comments on cybersecurity in the digital economy to inform CENC recommendations

On August 10, 2016, the National Institute of Standards and Technology (“NIST”) issued a notice requesting public comment on the current and future state of cybersecurity in the digital economy.  The Request for Information (“RFI”) will serve to facilitate the work of the Commission on Enhancing National Cybersecurity (“CENC”) in … Read More

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05 July 2016

Post-Brexit EU May Be Stranded By Its Own Data Rules

*This article first appeared in Forbes on July 1, 2016.

So now the European Union’s “sceptered isle” has voted to sever its bonds with its continental partners – with the wish that (as described in a Shakespeare passage memorized by every English schoolchild for generations) it can be set off … Read More

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20 May 2016

Council Adopts EU-wide Cybersecurity Directive

On May 17, 2016, the European Council formally adopted the Network and Information Security Directive (the “NIS Directive“) at first reading. According to the Council press release, the NIS Directive is meant to increase cooperation among EU Member States on the vital issues of cybersecurity.

The NIS Directive … Read More

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06 May 2016

District Court Rules for the FTC in “Unfairness” Action Against Amazon Regarding In-app Purchasing Controls

On April 26, the US District Court in Seattle granted the FTC’s motion for summary judgment against Amazon for providing allegedly inadequate parental controls to limit their children’s in-app purchases. Case No. C14-1038-JCC.  The FTC alleged that the company’s failure to require more robust password re-entry meant that many in-app … Read More

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28 April 2016

CFTC Asserts Jurisdiction Over Bitcoin Derivatives

This Article originally appeared in the Thomson Reuters FinTech Law Report, Volume 18, Issue 6 (2016).

On September 17, 2015, the Commodity Futures Trading Commission (“CFTC”) issued an order (“Coinflip Order”) settling charges brought against Coinflip, Inc., the operator of an online trading platform that facilitated the trading of derivatives … Read More

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