E-Commerce

News & Analysis as of

Impact of FTC's Broadened Scope Creeping In On Your E-Business

For retailers who have eBusiness lines, the Federal Trade Commission’s (“FTC”) new regulations will affect the way you do business. The amendments in 16 C.F.R. §435 went into effect December 8, 2014. Has your business made...more

Department of Justice's Antitrust Division Brings First E-Commerce Prosecution

Marking a foray into e-commerce, the United States Department of Justice (DOJ) recently announced its first antitrust prosecution for price fixing in online marketplaces. On April 6, 2015, the DOJ announced that it has...more

Sale of Online Insurance Products: AMF Releases Recommendations

On April 2, 2015, the Autorité des marchés financiers (AMF), the regulatory body responsible for enforcing the legislative framework applicable to the financial sector in Quebec, released a report entitled Internet Insurance...more

The magic button of smart homes and social media

The launch of smart home technologies and social media functionalities enabling quick purchases hides the risks of lack of compliance with European e-commerce and distance regulations....more

Challenges for the US retail sector, inside and outside bankruptcy

In recent months, the US has seen a staggering increase in the number of retailers, both large and small, filing for bankruptcy. Among others, Dots, Alco Stores, Radio Shack, Deb Shops, Wet Seal, and Delia’s have each filed...more

DBO Establishes Protocol With To Block Unlicensed Payday Lenders’ Ads

When I served as California’s Commissioner of Corporations, Internet commerce was just finding its legs and we were concerned about how to apply the Corporate Securities Laws to this new technology. For state regulators, the...more

Department of Justice Antitrust Division Charges Former E-Commerce Executive with Price-Fixing in First Ever Online Marketplace...

On April 6, 2015, the Department of Justice Antitrust Division announced that David Topkins, a former executive of an e-commerce seller of wall décor, had pled guilty to a one-count felony charge for conspiring to fix the...more

New rules on mobile payments!

Time is up for companies operating in the mobile payments’ arena, as from April 1, 2015 the new set of rules issued by the Italian Data Protection Authority (Garante per la protezione dei dati personali, the “Italian DPA”)...more

IoT in the E-Commerce sector faces legal hurdles

Internet of Things devices are modifying the path-to-purchase as we know it allowing consumers to instantly re-order everyday products with one click or one tap. How does this affect businesses in complying with the current...more

Cloudy Forecasts in New Russia Data Privacy Law

Russia recently announced it has moved the effective date of the new Russian data residency law to September 1, 2015—less than six months from now. Federal Law No. 242-FZ (the “Data Localization Law”) creates a new obligation...more

"European Commission Competition Law Enforcement to Focus on E-Commerce Restrictions"

E-commerce is at the top of the European Commission’s agenda, and recent developments suggest it will remain a priority. Several European Union member states have already taken an active interest in the issue. ...more

EU Competition Commissioner proposes a competition inquiry in the e-commerce sector

On 26 March 2015, the European Commissioner in charge of competition policy, Margrethe Vestager, announced a potential competition inquiry in the e-commerce sector. According to the Commission, the proposed inquiry is aimed...more

E-commerce Companies Face EU Competition Scrutiny

On 26 March 2015, the European Commission announced its proposal to launch an inquiry into the EU e-commerce sector, one that could have far-reaching implications for any business with an online presence in Europe. What is...more

The WTO Work Programme on Electronic Commerce

At the 9th Ministerial Conference of the WTO in December 2013, Ministers adopted a Decision that the Work Programme on Electronic Commerce should be “substantially invigorated.” The Work Programme merits attention in light of...more

Japan: Significant Changes In Consumption Tax

Raise in Consumption Tax Rate Postponed - On November 18, 2014, Shinzo Abe, the Japanese Prime Minister, officially announced that the increase of the consumption tax rate which was originally planned to occur in October...more

Yahoo! wins against RTI: limited liability for hosting providers

The Court of Appeal of Milan recently issued a very important decision in the Yahoo! v. RTI case. The Court overturned the First Instance decision and held that Yahoo! can rely on the hosting provider exemption under the...more

PCI Council: SSL Will No Longer Be Sufficient for E-Commerce

In the latest edition of the PCI Council’s Assessor Newsletter, the Council previewed a proposed change related to the use of Secure Socket Layer (SSL) protocol for encrypting communications between your website’s e-commerce...more

New Shanghai Free Trade Zone Policy: WFOEs Now Permitted to Provide E-Commerce Services

Action Item: The Ministry of Industry and Information Technology of the People’s Republic of China has announced that foreign investors may now hold 100 percent of the equity shares in e-commerce companies located in the...more

China’s New Policy for Foreign Investment in E-Commerce - Shanghai Free Trade Zone Opens Door for Complete Foreign Ownership in...

Further to the early 2014 policy that relaxed the restrictions on the foreign equity ratio in value-added telecommunications business in the Shanghai Free Trade Zone (“Shanghai FTZ”), on January 15, 2015, the Ministry of...more

When Fashion Met Style…Spin-Off Stores

Over the past few years, there has been a discouraging rash of mall vacancies and closings, as traditional department stores and retail chains have had to close shop, lick their wounds, and get back to the drawing board in...more

Post-Alice Patents in Ecommerce, Banking and Finance

Where are the post-Alice business method patents? Between January 1, 2015 and January 23, the USPTO issued 247 patents in class 705, the overall business methods classification. I reviewed the file histories of every...more

NH House Introduces Bill to Exempt Certain Users of VC From The Money Transmitter Licensing Requirements

On January 8, 2015, New Hampshire House Bill 356 was introduced, proposing to exempt persons using private virtual currencies for internet commerce from the licensing requirements for money transmitters. H.B. 356 would define...more

The New “Click-Through”?: New York Budget Proposal Requires Marketplace Providers to Collect Tax

On January 21, Governor Cuomo delivered his State of the State address, along with proposing the new budget. The budget has a number of new tax proposals. One of those proposals would have a significant impact on e-commerce...more

China removes foreign investment cap on e-commerce business in the Shanghai free trade zone

The PRC Ministry of Industry and Information Technology (MIIT) announced on January 13, 2015 that effective the same date, the investment ratio restriction for foreign investment in e-commerce business (falling under the...more

Turkish Parliament Approves E-Commerce Law

Turkey’s Parliament has approved Law No. 6563 on the Regulation of Electronic Commerce (Law) aimed at creating a more secure, transparent and accessible e-commerce environment. The Law is expected to come into force 1 May...more

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