On 27 October 2022, the Digital Services Act (DSA) was published in the EU Official Journal as Regulation (EU) 2022/2065, with the aim to fully harmonize the rules on the safety of online services and the dissemination of illegal content online. The Digital Services Act will require online intermediaries to amend their terms of service, to better handle complaints, and to increase their transparency, especially with respect to advertising.
(more…)EU Digital Services Act: Fundamental Changes for Online Intermediaries?
November 5th, 2022 | Posted by in Competition | eCommerce | Europe | internet | Legislation - (0 Comments)France: New Requirements Concerning the Sale of Digital Goods
July 21st, 2022 | Posted by in eCommerce | France | internet | IT | Legislation - (0 Comments)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 services (the “Ordinance”). Stakeholders have under 1 October 2022 to implement the following measures, aiming at protecting consumers of digital goods.
1. General information about the Ordinance
Implementing two 2019 European directives on certain aspects of contracts for the supply of digital content and digital services and contracts for the sale of goods (respectively Directives (EU) 2019/770 and 2019/771 dated 20 May 2019), the Ordinance aimed to foster the safety of consumers when purchasing both physical and digital goods and, to a lesser extent, to reduce the environmental impact of digital goods.
This Ordinance amended the French Consumer Code in depth, notably by expanding the legal warranty of conformity, which now covers digital products and services but is also applicable to both B2C as well as B2B contracts, when the latter are executed between professionals and non-professionals (i.e. legal entities acting outside of their direct professional activities).
(more…)GDPR/Data Scraping – A Clear Limitation by the French Data Protection Authority to Direct Marketing Practices
March 10th, 2021 | Posted by in eCommerce | France | Privacy - (0 Comments)The French Supervisory Authority (CNIL) wrapped up 2020 with a EUR 20,000 fine against NESTOR, a French food preparation and delivery company catering to office employees (see full Decision SAN-2020-018 in French).
The CNIL highlighted various breaches of the General Data Protection Regulation (GDPR) and the ePrivacy Directive regarding the processing of prospects and clients’ personal data by the CNIL, most notably:
- The lack of prior consent of the prospects to receiving direct marketing communication by electronic means, thereby violating Article L.34-5 of the French Post and Electronic Communications Code (CPCE);
- The failure to properly inform individuals (Article 12 and 13 GDPR) whether:
- Upon the creation of their account on the company’s platform, or
- Upon indirect collection through external sources;
- The failure to properly address Data Subjects’ Access Requests (DSAR – Article 15 GPDR).
While the fine is rather limited in view of the maximum potential amount of EUR 20 million or four percent of the turnover (whichever the greater), this decision presents an opportunity to examine web scraping and direct marketing practices, which are rapidly developing.
(more…)Legal 500 Rankings 2020 – Industry focus: IT, telecoms and the internet – Band 4
May 21st, 2020 | Posted by in Blockchain | Connected Cars | eCommerce | France | IT | Rankings | Software | Trusted Services and eSignature - (0 Comments)Practice head(s):Claude-Etienne Armingaud
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‘The team has in-depth expertise and great ability to anticipate future legislation’
(more…)‘Claude Etienne Armingaud is more than a lawyer; he is a trusted partner who knows his own limits and is very friendly’.
Leaders League Ranking 2020 – Technologies, internet & telecommunications – Internet – France
April 13th, 2020 | Posted by in Blockchain | Connected Cars | eCommerce | France | IT | Software | Trusted Services and eSignature - (0 Comments)Leaders League Ranking 2020 – Technologies, internet & telecommunications – IT law – France
April 13th, 2020 | Posted by in Blockchain | Communication | Connected Cars | eCommerce | France | IT | Software | Trusted Services and eSignature - (0 Comments)Momentum.africa – Opening Of Top-Level Domain Name To Create Opportunities For IP Right Owners
April 11th, 2017 | Posted by in eCommerce | IT | Trademarks - (0 Comments)The new generic top-level domain (gTLD) .africa, a regional domain for users located in and out of the continent, has been officially validated by ICANN.
More than a decade after its other regional counterparts, such as .eu or .asia, the .africa gTLD has been the subject matter of a legal conundrum for years.
The new generic top-level domain (gTLD) .africa, a regional domain for users located in and out of the continent, has been officially validated by ICANN.
More than a decade after its other regional counterparts, such as .eu or .asia, the .africa gTLD has been the subject matter of a legal conundrum for years.
(more…)