TMT Bites Newsletter – 26th Issue | Denton
The 26th issue of TMT Bites is dedicated to e-commerce. We have prepared an EU-wide quiz that will guide you through the implementation of three groundbreaking EU directives that will soon rewrite the rules of retail. With ambitious new legislation on the horizon for online platforms and access control companies in the EU, increased scrutiny of platforms is also expected in Turkey, where a draft law imposing significant restrictions on places online marketplace was announced. In Asia, Chinese legislation is currently focusing on algorithmic recommendation technologies and an important decision has been made on the liability of an NFT trading platform for copyright infringements. Also in this issue, you will learn about “dark patterns” in online environments and e-commerce regulation in Brazil, South Africa and Indonesia.
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Omnibus Directive, Sale of Goods Directive and Digital Content Directive: an overview of local implementation
It has been some time since the EU introduced three new directives which significantly reshape the rules protecting consumers in the digital single market – the Omnibus directive (Omnibus), Sale of Goods Directive (USD) and Digital Content Directive (DCD). In cooperation with our TMT teams across Europe and our partner law firm Sorainen, we have prepared a summary of the main changes introduced by each of the directives and a overview of the implementation process showing how the different Member States manage the task at hand. In our questionnaire, we focused on current legislation status of implementing lawsthe discrepancies in warranty periods prescribed for different categories of products and the most notable deviations found in local laws.
You can access the full material here.
Digital Content Directive: the data monetization debate
The Digital Content Directive (DCD) has recently been implemented in Italy. Among other things, the implementation has revived the debate on personal data monetization. Many commentators view DCD as opening up the practice of providing digital content or services in exchange for personal data instead of payment of a price. However, data monetization is often seen as a threat to the fundamental right to personal data protection. To better assess current positions on data monetization, we outline some examples of divergence in this regard.
Digital Markets Act, Data Monetization and Digital Advertising: Three Reasons to Care
Although it would seem that no less than 10,000 online platforms operate in the EU, the digital market seems to be shaped by only a handful of them. This has raised concerns among regulators in terms of transparency and fair competition. The Digital Markets Actas well as the next Digital Services Actforms a central part of the package proposed by the Commission to address these concerns, laying down specific obligations for digital giants, the so-called guardians (such as online intermediation services, online search engines, video sharing platform services Where web browsers).
Law on digital markets and competition law: the case law of the CJEU sheds light on the risks of competing sanctions
The Digital Markets Act aims to provide a framework to regulate custodian behavior and prevent market failures before they become a reality. Such ex ante regulation is different from ordinary competition law, which normally allows only ex post investigations and remedies. Could a company be sanctioned for its anti-competitive practices under both legal regimes, or would this constitute double jeopardy?
Dark Patterns in Social Media Interfaces: An Overview of New Directions from the EDPB
Unfortunately, it’s all too common in the online world for someone to try to manipulate you into making decisions you wouldn’t have made otherwise. An example of this is the use of “dark patterns” that can be found in almost all online environments, especially in social media. To remedy this problem, the European Data Protection Board released new guidance on dark schemas in the context of GDPR.
New draft Turkish e-commerce law: more restrictive than existing and upcoming European regulations
The Department of Commerce is currently working on a bill that amends the E-Commerce Act by regulating e-commerce marketplaces. The bill aims to protect e-commerce service providers from unfair practices by e-commerce intermediaries and to establish a fair and competitive environment between them that will benefit consumers. Although influenced by the Digital Markets Act, the Digital Services Act and the EU Business Platforms Regulation, the draft law may include some even more restrictive aspects.
Mainland China adopts new regulations on algorithmic recommendation technologies
A new regulations in mainland China that can have profound effects on the operation of e-commerce businesses Return to perform on March 1, 2022. It applies to entities using algorithm recommendation technologies to provide Internet information services in mainland China, including all content decision algorithms in apps and websites. More specifically, the new regulation sets the technical and organizational standards for the fair use of technologies and introduces a new set of usage rights.
Ruling in copyright infringement case could hamper China’s NFT development
In the context of global convergence towards the metaverse, non-fungible token technologies (NFT) and trade is growing rapidly around the world. Since NFTs are a new type of digital asset in China, no specific laws or regulations have yet been developed to regulate transactions with them or related trading platforms. In April 2022, a lower court in China seized a judgment for first NFT copyright infringement Caseproviding a structural reference for the analysis of similar cases and filling a void in this area of law.
E-commerce in the United States: a complicated landscape
E-Commerce in Brazil: A Brief Overview of Regulation from a Consumer Protection Perspective
Consumer protection in Brazil is rather tightly regulated and consumer protection authorities are active in their enforcement actions, usually on the consumer side. Knowing your rights and responsibilities as an e-commerce marketer is essential before doing business in Brazil. In this article, we give a brief overview of some of the main laws and responsibilities to know about e-commerce business.
Upcoming E-Commerce Regulations in the Republic of South Africa
In addition to new legislation to combat cybercriminalitySouth Africa is becoming increasingly active in crypto, with plans to introduce new crypto regulations crypto-assets and possibly deploying central bank-issued cryptocurrency. Read more about recent e-commerce developments in South Africa in this article.
Indonesian Data Protection Bill to clarify data processing and e-commerce regulations
To keep pace with the rapid advances in technology and the growing number of users of technology services in Indonesia, especially in e-commerce industries, a stronger legislative framework is needed to protect personal data and ensure the right of the public to the protection of personal data. In response to this growing need, the legislator is now working on a personal data protection bill. Based on the GDPR, the bill includes international concepts not covered by current regulations, such as controller, processor or sensitive personal data.
Dentons Guide to Artificial Intelligence 2022
Dentons’ Guide to Artificial Intelligence offers insight into what’s happening in the legal field on the fast-evolving and timely topic of AI. Based on an online survey of 209 business leaders from around the world, supplemented by 698 additional LinkedIn survey responses, it provides insight into the perceptions of companies across all major industry sectors on the key opportunities and risks presented by the ‘IA. It also features insights from Dentons lawyers on legal and regulatory issues that companies using AI will face, both now and in the future, including contracts, governance, intellectual property, responsibility and confidentiality.
Download the AI guide here.