Government rules that shoppers have the right to buy items online – as it shames major golf club brand – Daily Telegraph

‘Shoppers cannot legally be denied the right to buy goods online, the Government has ruled, as its consumer arm declared a major golfing retailers’ ban on shops selling its products online as unlawful.’

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Daily Telegraph, 9th June 2016

Source: www.telegraph.co.uk

The Consumer Rights Act 2015: New rules for digital content – Henderson Chambers

Posted October 7th, 2015 in consumer protection, contracts, electronic commerce, news, sale of goods by sally

‘The bulk of existing consumer rights legislation was enacted before the rise of the internet. Accordingly, it is hardly surprising that it is silent in relation to defective digital products. As the law stands, the legal status of digital content, particularly whether it can amount to “goods” within the meaning of the Sale of Goods Act 1979, is unclear. With the advent of theConsumer Rights Act 2015 this will all change – the Act introduces a new category of sales contract, namely contracts between a trader and consumer in relation to ‘digital content’ (as distinct from goods or services). The rights and remedies for digital content are found in Part 3 of the Act.’

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Henderson Chambers, 10th September 2015

Source: www.hendersonchambers.co.uk

Blindly Fumbling for Consent: PECR and Optical Express – Panopticon

Posted September 4th, 2015 in electronic commerce, electronic mail, enforcement, news, privacy by sally

‘PECR, long the runt of the information law litter, is beginning to take on a life of its own and, just as importantly, the ICO is beginning to really target spam texters and cold-callers. Recent changes to the enforcement provisions of PECR only assist in this task.’

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Panopticon, 3rd September 2015

Source: www.panopticonblog.com

Juncker’s Utopia: a virtual Europe without borders – RPC IP Hub

Posted March 13th, 2015 in copyright, EC law, electronic commerce, internet, news by sally

‘It is 2015 and the relentless appetite for consumption of content has never been greater. Consumers demand access to content that is immediate and available anytime anywhere in Europe without restriction. Binge viewing is the new norm. The desire for a virtual Europe without borders is palpable. But how does all this sit with Europe’s copyright laws? ‘

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RPC IP Hub, 6th March 2015

Source: www.rpc.co.uk

Website operators can prohibit ‘screen scraping’ of unprotected data via terms and conditions, says EU court in Ryanair case – OUT-LAW.com

Posted January 16th, 2015 in airlines, database right, EC law, electronic commerce, internet, news by sally

‘Online aggregators that engage in ‘screen scraping’ face a threat to their business models following a ruling by the EU’s highest court, an expert has said.’

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OUT-LAW.com, 15th January 2015

Source: www.out-law.com

Injunctions against ISPs Part VIII: Cartier International AG and Others v British Sky Broadcasting Ltd and Others – NIPC Law

‘In Cartier International AG and Others v British Sky Broadcasting Ltd and Others [2014] EWHC 3354 (Ch), [2014] WLR(D) 464 three of the subsidiaries of Compagnie Financière Richemont SA applied to Mr Justice Arnold for injunctions against the five largest internet service providers.’

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NIPC Law, 6th January 2015

Source: www.nipclaw.blogspot.co.uk

Consumer Rights Bill: new rules on liability proposed for digital content suppliers – OUT-LAW.com

Posted December 12th, 2014 in bills, computer programs, consumer protection, contracts, electronic commerce, news by sally

‘Businesses that supply digital content to consumers would be able to insert contract terms that would exclude them from liability for damage caused by their content to consumers’ devices or other digital content, under proposed new consumer protection laws backed by UK law makers.’

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OUT-LAW.com, 11th December 2014

Source: www.out-law.com

Do me a favour! – New Law Journal

Posted October 22nd, 2014 in competition, contracts, EC law, electronic commerce, hotels, news, publishing by sally

‘Does price parity mean price increase when it comes to most favoured nation clauses? Rebecca Owen-Howes reports.’

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New Law Journal, 20th October 2014

Source: www.newlawjournal.co.uk

Skyscanner: CAT quashes commitments in the online booking sector – Competition Bulletin from Blackstone Chambers

‘In a judgment handed down on Friday, the Competition Appeal Tribunal has quashed the Office of Fair Trading’s decision to accept commitments in the online hotel booking sector. As the first case to consider such commitments, Skyscanner Ltd v CMA [2014] CAT 16 contains some helpful guidance, albeit that Skyscanner’s success actually hinged on a fairly narrow point of regulatory law.’

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Competition Bulletin from Blackstone Chambers, 28th September 2014

Source: www.competitionbulletin.com

Competition watchdog bans deals between motor insurance and price comparison websites – OUT-LAW.com

Posted September 29th, 2014 in competition, consumer protection, electronic commerce, insurance, internet, news, ombudsmen by tracey

‘Exclusive pricing deals between car insurance providers and price comparison websites (PCWs) will be banned, the UK’s competition watchdog has confirmed, as part of its plans to increase competition and reduce the cost of insurance premiums for drivers.’

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OUT-LAW.com, 26th September 2014

Source: www.out-law.com

Cartier launches legal attempt to block websites selling counterfeit goods – The Guardian

Posted September 26th, 2014 in counterfeiting, electronic commerce, injunctions, internet, news, trade marks by tracey

‘Cartier International, the luxury watch and jewellery company, is attempting to block websites allegedly selling counterfeit goods in a test case that could have far-reaching consequences for the internet. Lawyers for the Paris-based company launched their claim at the high court in London on Thursday. It is believed to be the first time online service providers have been asked to close down websites on the grounds that they feature pirated trademark logos.’

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The Guardian, 25th September 2014

Source: www.guardian.co.uk

Man sentenced for eBay tax evasion totalling almost £300,000 – Crown Prosecution Service

Posted September 5th, 2014 in electronic commerce, guilty pleas, internet, news, sentencing, tax evasion by tracey

‘John Woolfenden was sentenced yesterday at Bolton Crown Court to two years imprisonment for two counts of cheating the public revenue and one count of concealing or transferring criminal property. Woolfenden evaded paying £299,752.93 in revenue whilst trading on eBay over a period of six years and pleaded guilty to the charges.’

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Crown Prosecution Service, 3rd September 2014

Source: www.cps.gov.uk

UK government to assess whether virtual currencies should be regulated – OUT-LAW.com

‘The UK government is to review the trade in virtual currencies to investigate whether it should regulated.’

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OUT-LAW.com, 6th August 2014

Source: www.out-law.com

Government issues revised ‘identify proofing’ guidelines – OUT-LAW.com

Posted January 8th, 2014 in electronic commerce, government departments, identity fraud, news by sally

‘The Government has updated guidance it has issued on the identity proofing and verification of individuals.’

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OUT-LAW.com, 8th January 2014

Source: www.out-law.com

UPC Nederland BV v Gemeente Hilversum (Case C-518/11) – WLR Daily

Posted November 11th, 2013 in contracts, EC law, electronic commerce, law reports, media, transfer of undertakings by michael

UPC Nederland BV v Gemeente Hilversum (Case C-518/11);  [2013] WLR (D)  428

“Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33, ‘the Framework Directive’), Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector (OJ 1998 L 24, p. 1), Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ 2002 L 108, p. 7), Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ 2002 L 108, p. 21), and Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51)”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

Amazon Marketplace purchases not covered by Consumer Credit Act – The Guardian

“If you pay Amazon and it passes the money on to the retailer, a loophole could leave you without redress.”

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The Guardian, 19th January 2013

Source: www.guardian.co.uk

RFU plans tough sanctions against ticket resellers after Supreme Court dismisses privacy concerns around disclosure – OUT-LAW.com

Posted November 23rd, 2012 in data protection, electronic commerce, internet, news, privacy, proportionality, sport by tracey

“A website operator must disclose the names and addresses of people who used the site to trade rugby tickets after the Supreme Court said that doing so would not be a disproportionate infringement of those individuals’ privacy rights.”

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OUT-LAW.com, 22nd November 2012

Source: www.out-law.com

Online behavioural advertising transparency and opt out requirements to be set out in UK advertising rules – OUT-LAW.com

“Behavioural advertising networks will be subject to UK advertising rules from February next year, the advertising regulator has said.”

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OUT-LAW.com, 22nd November 2012

Source: www.out-law.com

OFT issues guidance to online retailers over delivering to remote areas – OUT-LAW.com

Posted September 21st, 2012 in consumer protection, electronic commerce, news by tracey

“Retailers should make it clear from the outset when residents of remote areas will be charged extra for delivery in online sales, consumer protection regulator the Office of Fair Trading (OFT) has said.”

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OUT-LAW.com, 20th September 2012

Source: www.out-law.com

Comparison websites ‘break the law’ over disabled users – Daily Telegraph

“They may spend millions of pounds on advertising campaigns featuring mustachioed opera singers and cheeky meerkats, but some of the nation’s most popular comparison websites have been accused of breaking the law by denying access to more than 12m consumers with disabilities.”

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Daily Telegraph, 7th May 2012

Source: www.telegraph.co.uk