Header graphic for print
Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Tag Archives: E-commerce directive

Posted in e-commerce, Internet Christine GateauWinston MaxwellPauline Faron

French Digital Bill: what obligations are imposed on platforms?

In our previous update, which can be found here, on the French bill “for a Digital Republic” (“Digital Bill”), we discussed the vague notion of platforms.

Here is what you should know about the obligations which are likely to be imposed on platforms.

Loyalty obligation

First of all, the Digital Bill only provides a duty of loyalty and transparency … Continue Reading

Posted in e-commerce, Internet Christine GateauPauline Faron

French Digital Bill: To be or not to be a platform?

After several months of public consultations, several versions of intermediate texts, the long-awaited bill “for a Digital Republic” (“Digital Bill”) was finally transmitted to the Council of Ministers last 9 December 2015 and officially presented to the French National Assembly.

An amended version of the Digital Bill was then adopted by the National Assembly in first reading on 26 January … Continue Reading

Posted in Copyright, Digital Single Market (EU), e-commerce, Policy & Regulation Oliver Wilson

DSM Watch – first legislative proposals for e-commerce reform due on 9 December 2015

The European Commission is planning to put forward the first legislative proposals under its Digital Single Market strategy on 9 December.  The proposals will fall within the ambit of “Better access for consumers and businesses to digital goods and services across Europe” – but that covers a range of different issues, so we’re still not sure what will emerge by … Continue Reading

Posted in Internet, Policy & Regulation Winston Maxwell

French initiative to regulate digital platforms

On February 17, 2015, France’s telecommunications regulator, ARCEP, voiced support for imposing a duty of fairness on digital platforms, with additional regulatory obligations to be imposed on so-called “major” platforms. As discussed below, because many key questions remain unanswered, it would be prudent for companies operating in this space to continue monitoring for new developments.

As background the ARCEP’s opinionContinue Reading

Posted in Copyright, Internet, Policy & Regulation, Telecoms & Broadband Marco Berliri

The Court of Appeal of Milan rules on Yahoo’s liability with respect to copyright infringement

In January 2015 the Court of Appeal of Milan issued a landmark decision on ISPs’ liability in relation to video-sharing platforms, which might finally settle the current case law in Italy in this area.

One of the main findings of the decision is the irrelevance of the distinction between active and passive providers, which had traditionally been taken into account … Continue Reading

Posted in Internet, Policy & Regulation Christine GateauPauline Faron

Fight against terrorism on the Internet: France strengthens its legal arsenal

Following the recent terrorist attacks that occurred in Paris, the French Prime Minister Manuel Valls asked the Minister of the Interior, Bernard Cazeneuve, to offer up suggestions for strengthening the fight against terrorism on the Internet and social networks, which may be used for indoctrinating, getting in touch and acquiring techniques enabling the acting out of terrorist acts. Besides the … Continue Reading

Posted in Copyright, e-commerce, Internet

Madrid court of appeals upholds YouTube’s liability safe harbor in Telecinco case

On 14 January 2014 the Madrid Court of Appeals issued its decision No 11/2014 on YouTube v Telecinco, dismissing Telecinco’s claims and fully confirming the first instance decision.  The original Spanish language version of the Court of Appeals decision appears here.

Telecinco, a Spanish broadcaster owned by the Italian Mediaset, brought an action in 2008 against YouTube LLC, … Continue Reading

Posted in Copyright, e-commerce, Internet, Policy & Regulation Christine GateauPauline Faron

Fight against online counterfeiting: French Minister for Culture and Communication wants providers of hosting services to get more involved

In August 2012, the French Government asked Mr Pierre Lescure to draft a report on digital contents and cultural policy in the digital age. The Report, which was submitted on 13 May 2013, identifies the issues created by the digital economy in every field of creation (music, cinema, literature, photography, media etc.), and details 80 proposals (http://www.culturecommunication.gouv.fr/var/culture/storage/culture_mag/rapport_lescure/index.htm#/). With … Continue Reading

Posted in Copyright, e-commerce, Internet, Telecoms & Broadband Christine GateauPauline Faron

Take down, stay down: Paris Court of Appeal confirms hosting providers have no general monitoring obligation

In a recent decision dated 21 June 2013, the Paris Court of Appeal endorsed the reasoning adopted a year ago by the French Supreme Court in three decisions involving Google (French Supreme Court, 12 July 2012, no. 11-13.666, 11-15.165/11-15.188, 11-13.669) and decided that there is no obligation for providers of hosting services to prevent the reappearance of contents they have … Continue Reading