Socially Aware

October 12, 2021 - European Union, Contracts, Compliance
New “Two-Click Cancellation” Button – German Exceptionalism for Subscription Terminations
By: Kristina Ehle and Stephan Kreß
As part of the new Fair Consumer Contracts Act , [ Gesetz für Faire Verbraucherverträge ; published in the Federal Gazette (Part I) no. 53/2021, p. 3433 et seq., full text publicly available ( in German ) Germany will soon require specific cancellation/termination mechanisms
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June 17, 2021 - European Union, Contracts, Financial Institutions, Compliance
Some Things Never Change… Including, Apparently, T&Cs in Germany
By: Kristina Ehle
With a judgment dated April 27 and published on June 4, 2021, the German Federal Court (Bundesgerichtshof – the “Court”) declared unfair and therefore illegal and unenforceable a common way to make changes to terms and conditions (“T&Cs”) used vis-à-vis consumers in Germany. For
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January 20, 2021 - Contracts, Terms of Use
Role Reversal: Ninth Circuit Rejects Consumer’s Attempt to Enforce Updated Arbitration Provision in Website Terms of Use
By: Aaron P. Rubin
In Stover v. Experian Holdings , the Ninth Circuit decided an issue of first impression for the circuit, holding that a party’s single visit to a website four years after her original visit—when she agreed to an online contract containing a change-of-terms provision—is not
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June 01, 2020 - Contracts, Terms of Use, Online Contracts
Court Discovers Rare and Elusive “Enforceable Browsewrap”
By: Aaron P. Rubin
As we have noted many times in prior articles , courts often refuse to enforce “browsewrap” agreements where terms are presented to users merely by including a link on a page or screen without requiring affirmative acceptance. Courts typically look more favorably on “clickwrap”
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February 10, 2020 - Contracts, Web Scraping, Privacy, Copyright, Litigation
Clearview AI and the Legal Challenges Facing Facial Recognition Databases
By: J. Alexander Lawrence
Every day, social media users upload millions of images to their accounts; each day 350 million photos are uploaded to Facebook alone. Many social media websites make users’ information and images available to anyone with a web browser. The wealth of public information available
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June 21, 2018 - Blockchain, Contracts
Five Things to Know About Smart Contracts
By: James Schwartz
Computer scientist and legal scholar Nick Szabo first proposed the idea of “smart contracts” in 1996. Szabo published his initial paper on the topic in a publication called Extropy , a journal of transhumanism, a movement seeking to enhance human intellect and physiology by
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Topic Archives: Contracts

New “Two-Click Cancellation” Button – German Exceptionalism for Subscription Terminations

By: Kristina Ehle and Stephan Kreß

Some Things Never Change… Including, Apparently, T&Cs in Germany

By: Kristina Ehle

Role Reversal: Ninth Circuit Rejects Consumer’s Attempt to Enforce Updated Arbitration Provision in Website Terms of Use

By: Aaron P. Rubin

Court Discovers Rare and Elusive “Enforceable Browsewrap”

By: Aaron P. Rubin

Clearview AI and the Legal Challenges Facing Facial Recognition Databases

By: J. Alexander Lawrence

Five Things to Know About Smart Contracts

By: James Schwartz