Category E-commerce

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EU e-Privacy Reforms: status update

GDPR level fines proposed to apply to direct marketers and providers of IoT devices,  Over The Top services, web browsers and communications software In the UK, failure to comply with e-Privacy laws, especially with regard to direct marketing, is one of the most common reasons for aggressive enforcement action by…

UK Directors to be personally liable for nuisance calls

Amendment aims to stop those responsible from “ducking” ICO fines by liquidating their companies.  On 23 October 2016, the UK Department for Culture, Media and Sport announced that it will amend the Privacy and Electronic Communications (EC Directive) Regulations 2003 (e-PrivacyRegs) with effect from spring 2017 to introduce personal liability…

Data Protection: Establishing the establishment

In a case concerning Amazon, the CJEU confirms that there is a low threshold to find an “establishment” in a member state, so that national data protection laws apply. The Court of Justice of the European Union (CJEU) has reaffirmed its previous decisions on the meaning of “establishment” in the…

UK data protection regulator publishes a new code for businesses on privacy notices

New ICO code of practice provides guidance on fairness, transparency, choice and control. On 7 October 2016, the Information Commissioner’s Office (ICO), the UK data protection regulator, published its latest code “Privacy notices, transparency and control” (the Code). The Code aims to give organisations which handle Personal Data some certainty…

The Collaborative Economy: guidance issued by the European Commission

EU guidance addresses new economic models including ride-sharing and crowdfunding. On 2 June 2016, the European Commission issued a communication on the EU agenda for the collaborative economy (the Communication). The aim of the Communication is to support consumers, businesses and EU Member States to engage confidently in the collaborative…

Unfair contract terms: new guidance for businesses published

The Competition and Markets Authority publishes new guidance for businesses on unfair contract terms. In October 2015, the Consumer Rights Act 2015 (the CRA) came into force which heralded a much needed change in UK consumer protection laws. Previously, consumer protection laws stemmed from a patchwork of legislation including the…