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In an open letter published on September 3, 2024, Consumer Product Safety Commission (CPSC) Commissioners Peter Feldman and Douglas Dziak called for an investigation into foreign-owned e-commerce platforms Shein and Temu to...more
The distinction between owning and licensing digital goods has become blurred in an era increasingly dominated by digital transactions. While traditionally consumers purchasing physical items such as books and video games...more
It has been some time already since the EU Digital Services Act (Regulation 2022/2065, DSA) was published, and since then, the discussions about Very Large Online Platforms (VLOPs) and Very Large Online Search Engines...more
This is an update to our previous coverage of the Digital Services Act (“DSA”). The final text of Europe’s (EU) Digital Services Act (“DSA”) was recently approved by the Council of the EU Member States. That means that the...more
Following the European Council's approval last week, the Digital Services Act (DSA) has been officially adopted, starting the countdown to the law’s entry into force later this year. The DSA builds on the Electronic Commerce...more
On 29 June 2022, Decree n° 2022-946 (the Decree) supplemented the regulatory framework resulting from the Ordinance n° 2021-1247 of 29 September 2021 on the legal warranty of conformity for goods, digital content, and digital...more
A new French Decree on the legal guarantee of conformity of goods, digital content and digital services was published on June 30th, 2022. A new French Decree no. 2022-946 on the legal guarantee of conformity of goods, digital...more
Un nouveau décret relatif à la garantie légale de conformité pour les biens, les contenus numériques et les services numériques a été publié le 30 juin 2022...more
After more than a year of negotiations the final text of Europe’s (EU) Digital Services Act (“DSA”) has been agreed upon by the EU Parliament, the French Presidency of the Council of the EU, and the European Commission (“EU...more
EU Institutions Reach Political Agreement on the Digital Services Act - On April 23, 2022, European legislators achieved political agreement on the Digital Services Act (“DSA”). Together with the recently agreed Digital...more
The European Commission Opens Investigation into an Allegedly Anticompetitive Agreement Between Two Global Tech Companies Active in Online Display Advertising Services - On 11 March 2022, the European Commission (Commission)...more
Die Umsetzung der europäischen Warenkaufrichtlinie (2019/771) und der Richtlinie über die Bereitstellung digitaler Inhalte und digitaler Dienstleistungen (2019/770) in nationales Recht bringt einige wichtige Änderungen des...more
The implementation of the Sales of Goods Directive (Directive 2019/771/EU of May 20, 2019) and the Digital Content and Services Directive (Directive 2019/770 (EU)) into national law entails some important changes to the...more
A new contract type has been introduced in the German Civil Code for the supply of digital content or services by companies to consumers in Germany: The German Federal Parliament has added 22 new sections (337-327u) on the...more
In implementation of the Sales of Goods Directive (Directive 2019/771/EU of May 20, 2019, "WKRL") and the Digital Content and Services Directive (Directive 2019/770 (EU), "DIDRL"), a comprehensive reform of the BGB came into...more
In Umsetzung der Warenverkaufsrichtlinie (Richtlinie 2019/771/EU vom 20. Mai 2019, „WKRL“) sowie der Richtlinie über digitale Inhalte und Dienstleistungen (Richtlinie 2019/770 (EU), „DIDRL“) erhalten insbesondere digitale...more
Der Bundestag hat am 25.06.2021 das „Gesetz zur Umsetzung der Richtlinie über bestimmte vertragsrechtliche Aspekte der Bereitstellung digitaler Inhalte und digitaler Dienstleistungen“ beschlossen. Das Gesetz setzt die...more
Part 1 of this series discussed the proposals adopted by various countries to impose taxes on the digital economy, particularly by taxing various types of digital advertising and other digital services. These taxes allow...more
As part of the new Fair Consumer Contracts Act, Germany will soon require specific cancellation/termination mechanisms for consumer subscriptions. These mechanisms come on top of the updated EU-wide consumer contract rules...more
The United Kingdom’s Digital Regulation Cooperation Forum (DRCF) on March 10 announced in its 2021–2022 workplan that the UK Financial Conduct Authority (FCA) will join as a full member from April 1, 2021....more
Proposal for the Digital Services Act - The long-awaited update to the e-Commerce Directive proposes new obligations for online platforms and changes to the ‘safe harbours’ from liability for infringing content. On 15...more
The introduction of the DSA and the DMA will be the biggest shake-up of e-commerce rules since the dot-com boom. Businesses caught by the scope of the new digital services laws will be subject to a host of new obligations...more
On 15 December 2020, the European Commission published its Digital Services Act package which proposes two pieces of legislation: the Digital Services Act and the Digital Markets Act. This package will profoundly change the...more
Awaited with bated breath by stakeholders in the online industry and by IP right holders alike, the EU Commission published its official draft for the Digital Services Act (DSA). The DSA is conceived as one of the central...more