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Geo-blocking is the practice of preventing Internet users in one jurisdiction from accessing services elsewhere based on the user’s geographic location. The European Commission wants to eliminate geo-blocking within the EU—and has taken a significant step forward in its plans to do so by clearing key votes in the EU legislative process.

By the end of 2018, we expect that online retailers will need to ensure that they phase out the use of geo-blocking across the EU except in limited circumstances.

These changes are part of a wider programme of reform affecting all businesses operating in the Technology, Media, and Telecoms sectors in Europe.

Background

The European Commission launched its Digital Single Market (“DSM”) strategy in May 2015. We have written a number of articles following the DSM’s progress: at its inception, one year in, and in 2017 following a mid-term review.


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The European Union (EU) has made reform of the e-commerce rules in Europe one of its main priorities for 2018.

The European Commission has already published two proposed Directives relating to cross-border e-commerce but legislative progress has been slow—a situation that the Commission plans to correct in 2018.

The Commission’s stated aim is to establish

iStock_000048822690_smThe European Commission has announced new draft laws that would give consumers new remedies where digital content supplied online is defective or not as described by the seller.

On Dec. 9, 2015, the European Commission proposed two new directives on the supply of digital content and the online sale of goods. In doing so, the Commission is making progress towards one of the main goals in the Digital Single Market Strategy (the “DSM Strategy”) announced in May 2015: to strengthen the European digital economy and increase consumer confidence in trading across EU Member States.

This is not the first time that the Commission has tried to align consumer laws across the EU; its last attempt at a Common European Sales Law faltered earlier this year. But the Commission has now proposed two new directives, dealing both with contracts for the supply of digital content and other online sales (the “Proposed Directives”).

National parliaments can raise objections to the Proposed Directives within eight weeks, on the grounds of non-compliance with the subsidiarity principle—that is, by arguing that that regulation of digital content and online sales is more effectively dealt with at a national level.

Objectives

Part of the issue with previous EU legislative initiatives in this area is that “harmonized” has really meant “the same as long as a country doesn’t want to do anything different.” This time, the Proposed Directives have been drafted as so-called “maximum harmonization measures,” which would preclude Member States from providing any greater or lesser protection on the matters falling within their scope. The Commission hopes that this consistent approach across Member States will encourage consumers to enter into transactions across EU borders, while also allowing traders to simplify their legal documentation by using a single set of terms and conditions for all customers within the EU.

An outline of the scope and key provisions of each of the Proposed Directives, as well as the effect on English law, are summarized after the jump.


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The cloud computing market is evolving rapidly. New as a service (aaS) platforms are appearing and the dichotomy between public and private cloud domains has been fractured into many different shades of hybrid cloud alternatives. And while many of the key issues – privacy risk, data location, service commitment – remain the same, service providers’

In November 2012, we wrote an Alert about the European Commission’s Communication on Cloud Computing intended, it said, to “… unleash the potential of cloud computing in Europe”.  Sceptics were doubtful that the cloud industry needed much help from European regulators to thrive.

Twenty months later, the Commission has begun to deliver on its key actions in the Communication with the publication of its Cloud Service Level Agreement Standardisation Guidelines.

How helpful are these Standardisation Guidelines to the cloud sector at this point in its development?

The recently-issued Cloud Service Level Agreement Standardisation Guidelines have their origin back in November 2012.  At that time, the European Commission issued a Communication setting out a road map for the future growth of cloud computing in Europe.

In the 2012 Communication, the Commission set out a number of key actions, including to cut through the jungle of standards and to promote safe and fair cloud contracts.  The Commission believes that the development of model terms for cloud computing – and, specifically, service level agreements in the cloud sector – is one of the most important issues affecting the future growth of the cloud industry in Europe, and that standardising the approach to cloud services will enable buyers of cloud computing services to make fair comparisons between different providers’ offerings.


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Cisco estimates that 25 billion devices will be connected in the Internet of Things (IoT) by 2015, and 50 billion by 2020. Analyst firm IDC makes an even bolder prediction: 212 billion connected devices by 2020. This massive increase in connectedness will drive a wave of innovation and could generate up to $19 trillion in savings over the next decade, according to Cisco’s estimates.

In the first part of this two-part post, we examined the development of, and practical challenges facing businesses implementing, IoT solutions. In this second part, we will look at the likely legal and regulatory issues associated with the IoT, especially from an EU and U.S. perspective.

The Issues

In the new world of the IoT, the problem is, in many cases, the old problem squared. Contractually, the explosion of devices and platforms will create the need for a web of inter-dependent providers and alliances, with consequent issues such as liability, intellectual property ownership and compliance with consumer protection regulations.
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The Internet of Things (IoT) is the network of everyday physical objects that surround us and are increasingly being embedded with technology to enable those objects to collect and transmit data about their use and surroundings. TVs connected to the Internet and refrigerators connected to online delivery services are just the start of it. In the new world of the IoT, the possibilities are enormous, and the technology industry has so far only scratched the surface of what “machine-to-machine” (M2M) interconnectivity could achieve.

But the ingenuity and innovation which companies will apply to turn the IoT into practical reality is constrained by law and regulation. Existing issues may take on new dimensions and, as technologies combine, so will the legal consequences of those technologies.

In this post, we look at the prospects for the IoT. In a second post to be published shortly, we will examine the likely legal and regulatory factors that will affect the development and growth of IoT technology and the markets that such technology will create.
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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) requiring the ISPs to block access to pirate websites illegally streaming or making copyright material available for download.

The case arose out of a dispute in Austria between two movie companies and an Austrian ISP, UPC Telekabel Wien GmbH. The movie companies were concerned about access to an illegal streaming site, Kino.to, which was making copies of films such as Vicky the Viking and The White Ribbon available to its subscribers. The Austrian Supreme Court had asked the CJEU whether the movie companies were entitled under European law to seek an injunction against the ISP, not just against the illegal streaming site.

EU law allows holders of intellectual property rights to seek an injunction against any “intermediary” that provides services to third parties and, in doing so, helps them to infringe copyrighted works. The Austrian Supreme Court asked the CJEU for a ruling on whether ISPs in this position were considered to be an intermediary for the purposes of the European legislation.
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Peer-to-peer (“P2P”) business models based on the Internet and technology platforms have become increasingly innovative.  As such models have proliferated, they frequently result in clashes with regulators or established market competitors using existing laws as a defensive tactic.  The legal battles that result illustrate the need for proactive planning and consideration of the likely legal