Online Platforms

News & Analysis as of

Impact of the Act No. 2016-1321 Dated 7 Oct. 2016 for a Digital Republic on Online Intermediation Platforms

The French Act No. 2016-1321 of 7 Oct. 2016 for a Digital Republic (the “Digital Republic Act”) amends the existing framework for online intermediation platform created under Article L.111-5-1 of the French Consumer code by...more

The proposed shake up of Employment Tribunals

Digital claims, the delegation of authority to caseworkers and a tailored composition of tribunal panels are just three of the proposed reforms to Employment Tribunals. On 23 February 2017, the government published its...more

Do You Even Meme Bro? The Law of Internet Memes

You know you’ve chuckled at a few of them–the ubiquitous internet meme. But, have you ever wondered whether all this sharing, changing and going “viral” is legal....more

Michigan Department of Insurance and Financial Services Announces New Online Complaint Form

The Michigan Department of Insurance and Financial Services (DIFS) has announced the launch of a finalized version of its online portal to assist Michigan consumers with the filing of electronic complaints. DIFS' Office of...more

BuzzFeed Faces $11 Million in Defamation Suit by British News Agency

BuzzFeed, the popular independent digital media company, was hit with an $11 million defamation suit in January 2016 by journalist Michael Leidig and Central European News (“CEN”). Leidig and CEN are demanding more than...more

WIPO - France: Domain name used for cyber fraud

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a Panel ordered the transfer of a domain name because, although it had never been...more

DSM webinar highlights tax, competition law, copyright, AVMS and data economy issues for 2017

In a February 7, 2017 webinar, the Hogan Lovells Digital Single Market (DSM) team presented its take on new developments for 2017. Peter Watts introduced the session by warning that the loss of the UK voice in EU policy...more

EU Commission agrees new rules allowing Europeans to watch online content services across EU borders

On 7 February, negotiators for the European Parliament, Member States and the Commission agreed the proposal for a regulation on EU cross-border portability of online content services. This is the first agreement relating to...more

Think Twice Before Tweeting up a Storm

One of the more memorable lines from 1989’s Steel Magnolias is “if you can’t say anything nice about anybody, come sit by me.” That sentiment— referred to as “schadenfreude” in German — is amplified on social media, and this...more

New U.S. Federal Law Prohibits Contracts With “Anti-Yelping” Provisions

Late last year, President Obama signed into law the Consumer Review Fairness Act (“CRFA”). Intended to protect individuals who write unflattering online reviews of businesses, the CRFA voids contractual provisions in form...more

Mississippi AG Sues Google for Collection of Student Data

Mississippi Attorney General Jim Hood filed a Complaint against Google last week for alleged violations of the state’s Consumer Protection Act for its collection and use of students’ personal information and search history....more

Privacy Tip #70 – Renters: Check out This Scam Thwarted by the FTC

I know a lot of people who have looked for and been successful in finding an apartment and/or a roommate on Craigslist. If you are looking for an apartment on Craigslist right now—listen up....more

Client Alert: Action Needed by Organizations whose Websites allow User Postings

Businesses and nonprofits that operate a website or other online presence (mobile app, blog, portal, game, etc.) where users may post content (for example, in a user forum) will need to take action in 2017 in order to obtain...more

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. Please see full...more

California Choice of Law Provision Defeats Claim Under NJ Consumer Protection Law

On Monday, a California federal judge enforced the California choice-of-law clause in Facebook’s online terms of use, and on that basis refused to consider the claims of a New Jersey resident that aspects of those terms of...more

Turn Settles Allegations by the FTC for Deceptive Advertising Tactics

Turn, Inc. (Turn), a California based company that enables sellers to target digital advertisements to consumers via a website or mobile app, settled allegations by the Federal Trade Commission (FTC) that it deceived...more

European Rating Platform Launched

The European Securities and Markets Authority announced the launch of a new database, the European Rating Platform. The ERP provides access to free, up-to-date information on credit ratings that have been issued by a credit...more

FTC Settles with Targeted Digital Advertising Company over Supercookie Advertising Practices

The Federal Trade Commission (FTC) has entered into a proposed consent order requiring digital advertising company Turn Inc. to include a clear and conspicuous notice detailing how it collects, uses, or shares information...more

Affair Website Ashley Madison Fined $8.75 Million Over Data Breach, Misrepresentations

The Federal Trade Commission (FTC) has entered into a multimillion dollar settlement with the owners and operators of AshleyMadison.com, a dating website for people interested in having discreet affairs, related to the...more

Ashley Madison Settles with FTC and State AGs for $1.6 Million

We have previously reported on the Ashley Madison data breach and subsequent litigation. On December 14th, Ashley Madison announced that it has agreed to pay $1.6 million and implement additional security measures to settle...more

Privacy Tip #65 – Beware Online Shoppers of Keylogging Malware

There are reports of a java keylogger that is able to copy and forward credit card details from online checkout forms that are used on shopping websites. It has reportedly affected several dozen online shopping websites that...more

For the Corporate Compliance Department – Communicate, Communicate, then Communicate

In many ways compliance is about communication. Your role as a Chief Compliance Officer (CCO) or compliance practitioner is to communicate expectations around compliance and responding to questions from the business unit on...more

Website Owners, Mobile Application Providers, and Other Online Service Providers BEWARE: Failure to Comply with New DMCA...

Any company that allows third-party users to post or link content to its website, mobile applications, or other online platforms must understand and comply with the new Digital Millennium Copyright Act ("DMCA") safe harbor...more

Brussels Regulatory Brief: November

The European Commission (“Commission”) has recently published statistics concerning the European Union (“EU”) merger control review process. Typically, the Commission examines larger mergers with an EU dimension, meaning that...more

The “Unstore”: The Future of Brick and Mortar Retail?

The upcoming holiday weekend brings with it Black Friday and Cyber Monday, dates that have become shorthand for the different ways people shop. While e-commerce and physical retailers’ sales are still not comparable, many...more

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Cybersecurity

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