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Cyberliability Developments in the Offshore Jursidictions

The offshore jurisdictions are catching up fast with legal issues relating to cybercrime, cyberliability, and the use and discovery of electronic documents. In the wake of the embarrassing leak in April 2013 of about...more

Changes of the Amended Regulations on Supervision and Administration of Medical Devices

The Regulations on Supervision and Administration of Medical Devices was amended and promulgated by the State Council on March 7th, 2014, effective June 1st, 2014. The last version is from 2000. The following highlights the...more

EU High Court Strikes Down Data Retention Law

On April 8, 2014, the highest court in the European Union invalidated an EU law that required telephone and electronic communications providers to retain user data for up to two years....more

Law À La Mode - Issue 13 - April 2014

In This Issue: - PRIVACY BY DESIGN? FASHION FLAIR TRANSFORMS WEARABLE TECHNOLOGIES: The rise of the wearables – and the data protection challenges they bring - EFFECTIVELY DELIVERING IT SERVICES IN THE RETAIL...more

EU High Court Overturns Telecom Data Retention Requirements

The Court of Justice of the European Union, the highest court in the EU, declared the EU’s 2006 Data Retention Directive invalid in a judgment issued on April 8, 2014. The directive, which has been implemented via national...more

Net Neutrality in the EU – latest status

The European Parliament has (on 3rd April) voted (at first reading) on a legislative proposal which includes new rules on “net neutrality”. The text of this is not yet available in English but this note is based on our own...more

EU makes waves by casting the net of neutrality

On Thursday 3 April 2014, the European Parliament voted to adopt net neutrality. The principle of net neutrality is that all data on the internet is to be treated equally, regardless of platform, application, source or user....more

European Court Of Justice Declares Data Retention Directive Invalid

The Directive requires public electronic communications providers to retain certain communications data (essentially traffic data) to help in the fight against serious crime. It came into force in 2006 after a number of...more

ITC Reasserts Jurisdiction over Electronic Transmissions in Digital Models

On April 3, 2014, the International Trade Commission (the ITC or the “Commission”) released an opinion in In the Matter of Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental...more

How Will ITC Confirmation That It Has Jurisdiction Over Digital Imports Impact Software and Media Industries?

The International Trade Commission (ITC) issued its much-awaited decision in Certain Digital Models today, affirming in a decision with important implications for the software and media industries that digital importation is...more

“River Crabbing” Chinese Search Engine Battles for Freedom of Expression in the U.S.

In 2004, the Chinese Communist Party announced a new national goal of building a “Harmonious Society.” Since then, this goal has often been cited by the Chinese government as a reason for Internet censorship. In Mandarin,...more

No surprises as CJEU upholds website blocking injunctions

The Court of Justice of the European Union (the CJEU) last week upheld the system of website blocking injunctions in place in Austria, following a reference from the Austrian Supreme Court in the case of UPC Telekabel v...more

The Umpire Strikes Back: European Court Rules That ISPs Can Be Forced to Block Pirate Websites

On March 27, 2014, the highest court in the European Union—the Court of Justice for the European Union (CJEU)—decided that copyright owners have the right to seek injunctions against Internet service providers (ISPs)...more

Copyright: Europe Explores its Boundaries: Part 1: Link Hubs

This year, as the world celebrates the 25th anniversary of the World Wide Web, the Web’s founder, Tim Berners-Lee, has called for a fundamental reappraisal of copyright law. By coincidence, this year we also anticipate a...more

What U.S. Businesses And Others Need To Know About The New Canadian Anti-Spam Law

A new Canadian law taking effect on July 1, 2014, will impact businesses -- whether located in Canada, the United States, or elsewhere -- that send commercial electronic messages to computers located in Canada or that install...more

Your smartphone is NOT a medical device

Wearable technology issues relating to the potential qualification of such products as a medical devices have become popular on the press following the presentation of the first smartphone with a heart rate sensor, quickly...more

U.S. Government Begins Process to Give Up Control Over Key Internet Functions

On March 14, the NTIA (the U.S. Commerce Department’s National Telecommunications and Information Administration) announced that it would immediately start a process to transition control of “Key Internet Domain Name...more

Hot Topics to Follow During ICANN 49 in Singapore

The 49th international Internet Corporation for Assigned Names and Numbers (ICANN) meeting is imminent—unofficially kicking off on Friday, March 21, 2014, and concluding on Thursday March 27, 2014. This will mark the first...more

Progress On EU Data Privacy Reform: “Irreversible”

Today, the European Parliament voted through the new EU Data Protection reform package (621 in favour of the new Regulation and 10 against with 22 abstentions). It’s a clear endorsement of the proposals. The EU press release...more

Google Glass will read our emotions?

An App might shortly allow Google Glass users to read the sentiments of people they are talking to as part of a wearable technology project run by a US start-up Emotient. However, this project might face some data protection...more

Advanced Copyright Issues on the Internet

In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet - III. Application Of Copyright Rights To Specific Acts On The Internet - IV....more

Sports, Media and Entertainment Intelligence - March 2014

Italy: Opportunities for DTT frequencies in the Italian market - The Italian Ministry for Economic Development has started a competitive bid for three national DTT frequencies. Australia: Senate scrutinises state of...more

Instant messaging rules needed after $ 33 bn loss?

Apparently phone carriers lost $ 33 bn due to instant messaging apps and after Facebook’s acquisition of WhatsApp, telecom companies are calling for stringent regulations on instant messaging apps, but how are they currently...more

Update: EU VAT on E-Commerce

There are a great variety of electronically provided services (“e-services”) and the respective market is rapidly growing. The general definition is that e-services are services which are delivered over the Internet or an...more

Collective Rights Management Directive Adopted by European Parliament

On 20 February 2014, the European Parliament adopted the collective management of copyright and related rights directive (Directive), which aims to make it easier for online providers to stream music in multiple EU countries....more

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