Ninth Circuit Rules In Favor of Redbox Under Song-Beverly Credit Card Act
Consumer class actions under California’s Song-Beverly Credit Card Act have been shaped by significant case law developments over the last few years. Friday’s Ninth Circuit decision in Sinibaldi v. Redbox is a decisive victory for retailers of rented goods which will allow them wide latitude to collect personal information, such as zip codes, when using credit cards as a form of security.
European Court of Justice Finds ‘Right to be Forgotten’ and Compels Google to Remove Links to Lawful Information
A recent judgment of the highest court in the European Union announced that search engines within the court’s jurisdiction must respond to “right to be forgotten” requests. This authoritative interpretation of the existing data protection laws may create significant issues for Internet intermediaries and exacerbate the differences between the European privacy-based “right to be forgotten” and the United States’ free-speech based “right to remember.” This judgment will have a significant impact not only on search engine companies and publishers, but also on many other industries, including financial services and life sciences, that need to maintain data on individuals for legitimate business reasons, often for lengthy periods.
New EU Data Protection Regulation Announced
The official proposal for an EU Regulation on Data Protection was released in Brussels on Wednesday 25 January 2012 (the “Regulation”). The Regulation, which will replace the existing EU data protection regime, will have a significant impact on almost every business either established in the EU or that has EU customers. The proposed Regulation will now be discussed in detail over the next few months as it goes through the European legislative process and is set to be adopted in 2014. The main implications of the proposed Regulation are summarised below.
First Look: Leaked Draft of New EU Data Protection Regulation Suggests Significant Impacts for Global Businesses
A draft of a new EU Regulation on Data Protection to replace the existing EU Data Protection Directive was released un-officially earlier this week. The draft Regulation once adopted will have a significant impact on virtually all businesses established in the EU, or who carry on business with the EU, introducing significant internal compliance requirements and fines that range up to 5% of worldwide turnover.
In an article published by the Bureau of National Affairs, John Casanova and William Long of the London office of Sidley Austin and Alan Raul and Ed McNicholas of the Sidley Washington office provide their initial analysis of this significant new EU development. For further information on this development and other EU data protection requirements please contact John Casanova or William Long and for counseling in relation to US privacy issues please contact Alan Raul.
Reproduced with permission from Privacy & Security Law Report, Vol. 10 PVLR No. 48, 12/12/2011. Copyright 2011 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com
EU Regulation of Jurisdiction and Cross-Border Liability
The global nature of the Internet means that any business trading online is opening itself up to the possibility of trading with other businesses or customers based abroad. This is one of the enormous attractions of the Internet. However, the introduction of a foreign element to a business’s activities exposes it to issues of conflict of laws. Regardless of the business’s choice of law governing its activities and choice of court for handling any disputes, it may find that the laws of other countries apply or that the courts of other countries claim jurisdiction. So, it is important that any business engaged in e-commerce considers the implications of a global marketplace on its activities. This briefing note examines which courts have jurisdiction over a contract resulting from e-commerce and which law will be applied.
Regulation of Jurisdiction and Cross-Border Liability in the EU
The global nature of the Internet means that any business trading online is opening itself up to the possibility of trading with other businesses or customers based abroad. This is one of the enormous attractions of the Internet. However, the introduction of a foreign element to a business’s activities exposes it to issues of conflict of laws. Regardless of the business’s choice of law governing its activities and choice of court for handling any disputes, it may find that the laws of other countries apply or that the courts of other countries claim jurisdiction. So, it is important that any business engaged in e-commerce considers the implications of a global marketplace on its activities. This briefing note examines which courts have jurisdiction over a contract resulting from e-commerce and which law will be applied.