EU Law European Commission reports on Enforcement and Modernisation Directive compliance The European Commission has reviewed the Enforcement and Modernisation Directive which updated various EU consumer laws to reflect the digital world and to improve enforcement. The Commission found that all member states have introduced the required minimum fines of 4% of global turnover (or…
UK law CAT grants application to bring collective damages action by Ad Tech against Google for alleged abusive conduct The Competition Appeal Tribunal has ruled in Ad Tech Collective Action LLP v Alphabet Inc. & Others. It granted the Proposed Class Representative’s (PCRs) application for a Collective Proceedings Order. Ad Tech Collective Action LLP claimed…
The CJEU has issued its ruling in Case C-400/22 | Conny. It ruled that the order button, or a similar function, must clearly indicate that, by clicking on it, the consumer assumes an obligation to pay. This applies even if the obligation to pay depends on the satisfaction of a subsequent condition. The case arose…
Read More… from CJEU considers status of order button when a consumer buys goods or services online
UK law Data Protection and Digital Information Bill lost in Parliament wash-up period The Data Protection and Digital Information Bill was lost in the “wash-up” period that preceded the prorogation of Parliament on Friday 24 May 2024 and its dissolution on 30 May 2024. This was due to the UK general election that will be…
The Digital Markets, Competition and Consumers Act 2024 has received Royal Assent. As the name suggests, it covers three main areas: digital markets regulation, competition law reform, and consumer law reform. Digital markets regulation The new Act establishes a new pro-competition regime for digital markets. It gives the CMA the power to designate undertakings as…
The Media Act 2024 received Royal Assent on 24 May. It was fast-tracked through the UK Parliament as part of the “wash-up” period before parliament was dissolved in anticipation of the General Election in July. It had been introduced to Parliament on 8 November 2023. The Act aims to update media regulation for the digital…
The Court of Justice of the European Union has ruled in Joined Cases C-662/22 | Airbnb Ireland and C-667/22 | Amazon Services Europe, Case C-663/22 | Expedia, Joined Cases C-664/22 | Google Ireland and C-666/22 | Eg Vacation Rentals Ireland, and Case C-665/22 | Amazon Services Europe. In Italy, providers of online intermediation services and…
UK law DMCC Bill completes parliamentary process and other “wash-up” news The Digital Markets, Competition and Consumers Bill has completed the parliamentary process ahead of the 2024 General Election and will receive Royal Assent on 24 May. At the time of writing, it looks as if the Media Bill may also complete the process as…
High Court considers whether cap on liability was single, aggregate cap or multiple caps The High Court has issued its judgment in the case of Tata Consultancy Services Ltd v Disclosure and Barring Service [2024] EWHC 1185 (TCC). The case arose in the context of a contract for the digital transformation of the services of…
The European Commission has opened formal proceedings to assess if Meta (Facebook/Instagram) may have breached the Digital Services Act with regards to the protection of minors. The Commission is concerned that Facebook and Instagram’s systems, including their algorithms, may promote behavioural addictions in children, as well as create so-called ‘rabbit-hole effects’. In addition, the Commission…
Read More… from European Commission takes action against Meta under the Digital Services Act