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ARTICLES BY hannah.shergold

Ofcom opens nine new investigations under Online Safety Act 2023

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Ofcom has opened formal investigations into online discussion board 4chan and seven file-sharing services – Im.ge, Krakenfiles, Nippybox, Nippydrive, Nippyshare, Nippyspace and Yolobit.  Ofcom has not received responses to its statutory information requests, to which services are legally required to respond. It also says that it has received complaints about the potential for illegal content…

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Amazon gives undertakings to CMA regarding fake online reviews

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Under the Digital Markets, Competition and Consumers Act 2024, fake reviews are a blacklisted commercial practice which is always unfair.  The CMA issued guidance on fake reviews in April. Under the DMCC Act, the CMA can now decide independently whether consumer law has been infringed, rather than going through the courts. It can also tackle…

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EDPB publishes final version of guidelines on data transfers to third country authorities and SPE training material on AI and data protection

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During its latest plenary, the European Data Protection Board (EDPB) adopted the final version of its guidelines on Article 48 GDPR about data transfers to third country authorities. The EDPB also discussed the European Commission’s request for a joint EDPB-EDPS opinion on the draft proposal on the simplification of record-keeping obligation under the GDPR. Finally,…

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Law Commission seeks views about the law on digital assets and (electronic) trade documents in private international law

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In recent years, a significant aspect of the Law Commission’s work has focused on emerging technologies, including smart legal contracts, electronic trade documents, decentralised autonomous organisations (DAOs) and digital assets such as crypto tokens. These developments often rely on distributed ledger technology (DLT). It is now consulting on proposals for law reform. It focuses primarily…

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CJEU rules that online comparison service does not fall within comparative advertising rules

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The CJEU has recently ruled in the case HUK-COBURG Haftpflicht-Unterstützungs-Kasse Case C-697/23 that the rules on comparative advertising in the Misleading and Comparative Advertising Directive (2006/114/EC) do not encompass an online comparison service that does not sell the goods or services it compares and, therefore, does not compete with them. The Directive sets out the…

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European Commission investigates pornographic websites under the Digital Services Act

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The European Commission is investigating Pornhub, Stripchat, XNXX, and XVideos for suspected breaches of the Digital Services Act (DSA). As well as this, the European Board for Digital Services, is taking coordinated action against smaller pornographic platforms. This aims to reinforce the Commission’s effort to protect children from harmful content online, both regarding very large…

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