 | INTERNET LAW - EU Directive on Privacy and Electronic Communications: Individuals Standing in Actions for Annulment |
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| | IBLS Editorial Department
Sunday, September 27, 2009
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| | The European Union (EU) Directive 2002/58/EC of the European Parliament is the community law concerning the processing of data and protection of privacy in electronic communications. As any other EU Directive, Member states must incorporate Directives' precepts within their domestic legislation. An interesting issue arouse when an individual filed a petition for partial annulment of Directive 2002/58/EC before the Fourth Chamber (Court of First Instance of the European Communities) and, on appeal, the European Court of Justice rendered its final decision holding that this individual did not have standing to seek annulment of the EU Directive. [More...] |
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| INTERNET LAW - The U.K. Gambling Act 2005, Part I |
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| | IBLS Editorial Department
Tuesday, September 22, 2009
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| | The United Kingdom (U.K.) Parliament enacted the Gambling Act 2005 to regulate three major gambling categories: gaming, betting, and lottery. This Act, among others, establishes the Gambling Commission; sets license requirements, including operating, personal, and premises licenses; identifies gambling offenses; sets rules for the protection of children and young persons; regulates gambling advertising; and addresses the legality and enforceability of gambling contracts. This article informs about the foundation of this Act, licensing authorities and the Gambling Commission, the definition of gambling and remote gambling, what constitutes gaming, betting, and lottery under the Gambling Act. [More...] |
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| INTERNET LAW - EU Directive on Privacy and Electronic Communications: Individuals Standing in Actions for Annulment |
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| | IBLS Editorial Department
Tuesday, September 22, 2009
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| | The European Union (EU) Directive 2002/58/EC of the European Parliament is the community law concerning the processing of data and protection of privacy in electronic communications. As any other EU Directive, Member states must incorporate Directives' precepts within their domestic legislation. An interesting issue arouse when an individual filed a petition for partial annulment of Directive 2002/58/EC before the Fourth Chamber (Court of First Instance of the European Communities) and, on appeal, the European Court of Justice rendered its final decision holding that this individual did not have standing to seek annulment of the EU Directive.
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| INTERNET LAW - Bosnia & Herzegovina Protection of Personal Data |
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| | IBLS Editorial Department
Sunday, September 20, 2009
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| | Concerns about cybercrime and identity theft lead to the enactment of Bosnia and Herzegovina Law on the Protection of Personal Data 2006, which intends to protect citizens’ right to privacy. The law provides for the establishment of an Agency for Protection of Personal Data, which is still in the process of being formed. In the interim, the Ministry of Justice regulates data access control and transfer. This article provides a synopsis of this privacy law. [More...] |
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| INTERNET LAW - UK Blogger Can’t Sue for Defamation for Posting on His Own Blog |
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| | IBLS Editorial Department
Monday, August 31, 2009
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| | The UK High Court recently held that a claimant, who was criticized in the comments section of his own blog, cannot sue for defamation, since he could have deleted the comment but failed to do so. Carrie v. Tolkien [2009] EWHC 29 (QB) (15 Jan. 2009). The court noted that the plaintiff could have removed the offending comments posted on his own blog, which he saw four and a half hours after they first appeared.
Carrie was the author of a self-published book in which he claimed having been sexually abused by Father John Tolkien, the son of writer JRR Tolkien. Carrie created a blog in 2007 and published a post under a pseudonym promoting his Web site and his book. JRR Tolkien's great grandson, Royd Tolkien, posted a comment on the site claiming that Carrie was a fraud who was attempting to victimize the Tolkien family. Carrie wrote a denial of the comments but did not remove them.
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| INTERNET LAW - Envisioned Effects of E-Commerce in the European Union’s Single Market - Part I |
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| | Martha L. Arias, IBLS Director
Sunday, August 23, 2009
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| | The Economic and Social Committee of the European Community Commission envisioned the effects of e-commerce in the European single market in 2001. These envisioned effects are similar to those e-commerce has caused in most countries' markets. Reproducing them in this article is helpful to determine how accurate those predictions were back then and serves as example for those developing markets whose e-commerce is still at a developing stage and for other less-advanced economic regional groups. [More...] |
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| INTERNET LAW - Passing Off and Deceptive Advertising under Belgium Law |
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| | IBLS Editorial Department
Sunday, July 12, 2009
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| | E-Commerce is bringing new meaning to advertising laws; governments are updating these laws and people are searching for them in their endeavor to expand businesses abroad. Although most advertising laws have the same principles against deceptive and false advertising, some countries have particular rules not found in other jurisdictions. This article informs on Belgium's advertising rules under the Trade Practices Law of July 14, 1971. [More...] |
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| INTERNET LAW - European Convention on Human Rights v. Privacy Violations and Data Held by Internet Service Providers |
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| | Martha L. Arias, IBLS Director
Sunday, June 28, 2009
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| | European citizens claiming violation of privacy have looked for legal remedy on articles 8 and 13 of the European Convention on Human Rights when their domestic legislation does not provide effective response to their claims. Although member states have adopted the European Convention on Cybercrime and directives on privacy, certain violations of privacy arising out of the use of the Internet remain unpunished due to legal technicalities. In these cases, individuals seek readdress before the European Court of Human Rights; specifically, articles 8 and 13 of the convention. These articles provide an example of a European Union case involving data held by Internet Service Providers (ISPs), Internet calumny, and violation of privacy. [More...] |
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| INTERNET LAW - Malta's Electronic Commerce Act |
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| | Martha L. Arias, IBLS Director
Tuesday, June 16, 2009
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| | Malta, a European financial center located in the Southern areas of the Mediterranean Sea, has developed comprehensive e-commerce legislation and is an active e-commerce player. In 2001, Malta's government enacted the Electronic Commerce Act III, which has been amended five times (2002, 2004, 2005 and twice in 2007). This act establishes rules regarding electronic signatures, certification authorities, electronic contracts, consumer protection, and electronic data. This article provides a synopsis of Malta's rules on electronic contracts, electronic signatures and certification services, and computer crimes involving electronic data. [More...] |
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| INTERNET LAW - European Union Legislation on Electronic Communication Networks |
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| | Martha L. Arias, IBLS Director
Sunday, June 07, 2009
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| | Electronic communication networks (ECNs) are technological means that facilitate e-trading; governments deliberately regulate them because they are used to trade financial products. The European Union (EU) has extensively regulated ECNs through a framework directive and additional directives commonly known as Specific Directives. This article provides general information on EU community legislation regulating ECNs and the United Kingdom's challenges to the creation of the European Network and Information Security Agency (ENISA). [More...] |
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| INTERNET LAW - Deceptive Trade Descriptions and False or Misleading Statements in Advertising under Ireland's Consumer Information Act 1978 |
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| | IBLS Editorial Department
Monday, May 25, 2009
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| | E-Commerce has revived consumer protection laws relevance. Understandably, consumer protection must be invigorated in a medium built upon advertisement and consumer trust such as the Internet. Most countries, such as Ireland, apply traditional consumer protection and advertising laws to e-commerce transactions. Ireland's Consumer Information Act 1978 contains rules against deceptive advertisement practices. This article particularly addresses Ireland's prohibition against deceptive trade descriptions and false or misleading statements in advertisement.
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| INTERNET LAW - EU Agency Responding to the European Commission’s Call for Action against Cyber Threats in Europe |
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| | IBLS Contributor: ENISA- www.enisa.europa.eu
Wednesday, April 01, 2009
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| | EU Agency responding to the European Commission’s call for action against cyber threats in Europe
The European Network and Information Security Agency, i.e. the EU Agency ENISA, today responded to the communication by the European Commission earlier today.
In the communication, the European Commission invited ENISA ‘to support this initiative by fostering a dialogue between all actors and the cooperation necessary at the European level.’ The communication pointed to that electronic communication services and networks provide the backbone of European economy, where 93% of EU companies and 51% of Europeans actively used the internet in 2007.
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| INTERNET LAW - ENISA Kicks off Emerging and Future Risks Identification: Remote Health Monitoring and Treatment Scenario Assessed |
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| | IBLS Contributor: ENISA- www.enisa.europa.eu
Wednesday, March 25, 2009
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| | The EU Agency ENISA [European Network and Information Security Agency] today released its report presenting major potential Emerging and Future Risks [EFR] in a possible remote health monitoring and treatment scenario. The report is the result of an Emerging and Future Risk assessment based on scenario building and analysis. E-health is the first scenario that has been developed and analyzed by an international group of interdisciplinary experts. In the report 14 risks have been identified. It also underlines the importance of a cautionary approach to be followed in regards to the adoption of beneficial e-health solutions: "Caution seems to be the prudent answer at this point: the benefits are clear, but also the risks entailed cannot be ignored”.
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| INTERNET LAW - Freedom to Provide Services in the European Community |
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| | Martha L. Arias, IBLS Director
Wednesday, March 18, 2009
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| | Article 49 of the treaty establishing the European Community (TEC), guarantees the freedom to provide services; yet, the wording of article 49 caused confusion as to whether it applied exclusively at a domestic level, or whether this freedom was extended to a trans-border context. Additional, confusion arose as to the subjects of this freedom -whether it only extended to European nationals or whether it covered foreign nationals rending services in the European territory. The European Court of Justice (ECJ) has clarified these issues in several cases that required interpretation of article 49 of the TEC. [More...] |
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| INTERNET LAW - Home Searches and Computer Seizures under the European Convention on Human Rights |
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| | Martha L. Arias, IBLS Director
Monday, March 16, 2009
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| | The European Convention on Human Rights (the Convention) sets human rights and fundamental freedom principles applicable in the member states. Article 8, in particular, confers people the right to respect for his private and family life, his home, and his correspondence. Complainants of unlawful computer searches have claimed government violation of article 8 of the Convention. This article provides an example of the European Court of Human Rights analysis of article 8 when applied to computer searches.
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| INTERNET LAW - The European Union Affords Harmonized Protection to Computer Programs |
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| | Martha L. Arias, IBLS Director
Wednesday, March 04, 2009
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| | The European Union acknowledged that the development of the software industry required legislative protection. It specifically acknowledged that copying software involves significantly lower costs than producing it and, therefore, legal protection would incentivize this industry. Also, they recognized the disparity on computer programs protection among its member states. As a result, it implemented Council Directive on the Legal Protection of Computer Programs, 91/250/EEC, in 1991. Its goal was to harmonize member states' laws regarding protection of computer programs and establish protection principles in those member states that had no applicable legislation to this issue. [More...] |
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| INTERNET LAW - Law and Jurisdiction for International Litigation in Germany |
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| | IBLS Editorial Department
Thursday, February 19, 2009
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| | Although international law and litigation is long-established conceptually, its practice gained relevance with the use of the Internet. Transactions and interaction among e-businesses and people across boundaries have become frequent activities that generate litigation in foreign forums. For this reason, understanding domestic laws on international litigation is becoming an increasingly popular topic. Civil law systems, rather than common law systems, may offer more standardized rules on litigation involving international transactions and parties. In civil law systems, civil procedure codes are the legal source containing procedural rules for multinational party litigation. This article informs on Germany's rules on international litigation.
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| INTERNET LAW - Regulation of Advertisement in the United Kingdom |
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| | IBLS Editorial Department
Monday, February 09, 2009
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| | The United Kingdom (UK) Advertising Authority (ASA) and the Committee of Advertising Practice (CAP) are the bodies regulating advertising practices in this country. CAP develops and publishes Codes of Practice that include advertising standard for different sectors. ASA receives complaints and issues resolutions that CAP enforces. ASA's goal is to regulate and keep UK"s advertising standards as high as possible. In addition to these two bodies, the Office of Fair Trading (OFT) regulates advertising in the UK and enforce a 1988 law that is applicable to Internet advertising. This articles offers a synopsis on UK’s advertising authorities and regulations [More...] |
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| INTERNET LAW - Citizen Data Protection in Focus - ENISA on Privacy in National eID Cards: ‘Europe Needs a Strategy’ |
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| | IBLS Contributor: ENISA- www.enisa.europa.eu
Monday, February 09, 2009
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| | The EU Agency ENISA [the European Network and Information Security Agency] today launched its Position Paper on security features in European eID schemes. The paper gives the first overview of the vast disparity between privacy features in eID cards across Europe. eID cards are currently used mainly for tax declarations and other e-government services, but applications are branching out into the commercial sector. At the same time, Europe lacks a coordinated strategy for how to protect the private data stored by the card, which is both an obstacle to eID interoperability and limits its acceptance by the users. This analysis sets the stage for a privacy baseline in European eID cards.
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| INTERNET LAW - The Essential Elements of a Contract under the Spanish Law |
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| | IBLS Editorial Department
Monday, February 02, 2009
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| | Internet contracts usually subject the parties to arbitration proceedings or the law of a specific jurisdiction (choice of law) when legal disputes arise. When choice of law clauses subject the parties to the jurisdiction of a European Union member state, it is advisable to get acquainted with that member state's contract laws. Indeed, EU directives set minimum standards to be followed by member states but domestic legislation may expand these standards without violating community law. Following, there is a synopsis of the essential elements of a contract under Spanish law.
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