The questions referred by the Court of Appeal in ITV Broadcasting Ltd & Ors v TVCatchup Ltd & Ors are now the subject of an Opinion from and Advocate General…
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Hyperlinking Judgment from CJEU
According to the CJEU, ‘financial gain’ is the key differentiator when seeking to determine whether hyperlinking to material that is hosted in breach of copyright makes the poster of the link liable. If there is financial gain, knowledge of the breach is to be presumed. Where there is knowledge, there is liability….
E-books and VAT: A-G’s Opinion
Downloaded e-books and the like can be excluded from the reduced rate of VAT that applies to publications, according to a new Opinion from Advocate General Kokott…
EU and Canada PNR Agreement Invalid
The proposed agreement for the exchange of passenger name record data between the EU and Canada has been described as incompatible with EU fundamental rights by Advocate General Mengozzi as it is currently drafted…
CJEU Gives its OK to Pre-installed Software
According to the CJEU, the sale of a computer equipped with pre-installed software does not constitute an unfair commercial practice. Moreover, failure to indicate the price of each item of pre-installed software does not constitute a misleading commercial practice….
VKI v Amazon: Governing Law
Robert Bond considers a recent CJEU judgment that considered governing law clauses in consumer contracts and gave further guidance on the meaning of ‘establishment’ in the data protection context…
Honouring the Breach
A recent appeal against a monetary penalty notice shows the need to recognise a data breach where the duty to notify applies…
Apple, Tax and State Aid
The EU Commission find that Ireland gave illegal tax benefits to Apple worth up to €13 billion…
Editorial
This issue has a special focus on algorithms, government and the law which I hope will awaken an interest in the topic among SCL members. I am very grateful to John Danaher and Rónán Kennedy for their help in producing these articles, which arise from a seminar organised by Galway University. For reasons of space…
CPD Online: August/September 2016 Edition of Computers & Law
Questions arising from the August/September 2016 issue of Computers & Law. SCL Online CPD Scheme – Course code HW/SFCL:OC46 – CPD: 1 hour 30 minutes…
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