The European Commission (EC) has opened an online public consultation on the targeted revision of EU consumer law (the Consultation). The Consultation follows the EC’s publication of the results of its Fitness Check on consumer and marketing law and of the evaluation of the Consumer Rights Directive (Directive 2011/83/EU) (the CRD).
Continue Reading European Commission opens public consultation on EU Consumer Law
The European Council has finalised its position on the directive setting out new rules relating to the supply of digital content and digital services, acknowledging it as a priority for the Digital Single Market. The makings of the proposed directive were initially presented by the European Commission in late 2015 as part of the move towards a connected digital single market. On 8 June 2017, the European Council adopted its position on the scope of the proposed directive, the remedies for lack of supply and non-conformity, supplier liability and burden of proof restrictions.
Continue Reading Digital Single Market- Digital Content
In Case C-375/15 (the BAWAG case), the CJEU examined the scope of a payment service provider’s obligation to communicate changes to information and conditions, and to framework contracts, to e-banking customers. In particular, the CJEU considered whether a bank may notify its customers of account information and contractual changes via an electronic banking mailbox. The CJEU clarified the conditions that must be met for information to be “provided” to customers on a “durable medium”, as required by the Payment Services Directive (PSD) (2007/64/EC).
Continue Reading Communicating with online banking customers
In Muwema v Facebook Ireland Ltd [2017] IEHC 69, the Irish High Court refused to grant a Norwich Pharmacal order against Facebook, requiring disclosure of the identity and location of an anonymous third party operating a Facebook page containing defamatory content. The Court found that if Facebook disclosed such information it would endanger the life of the third party. The Court held that the right to a good name must give way to the right to life and bodily integrity in the event of a conflict.
Continue Reading Court refuses Norwich Pharmacal order where compliance would threaten a person’s safety
The High Court in Muwema v Facebook Ireland Ltd [2016] IEHC 519 held that Facebook had no duty to remove defamatory content posted by an anonymous third party. Justice Binchy did, however, make a Norwich Pharmacal order requiring Facebook to disclose the identity and location of the person operating the page involved.
Continue Reading ISP not required to remove defamatory statements
In GS Media v Sanoma Media Netherlands and Others (C-160/15), the CJEU held that the posting of a hyperlink on a website, giving access to copyright-protected work on another website, will not constitute a "communication to the public" under Article 3(1) of the Copyright Directive 2001/29/EC, if the person posting the link did not do so to seek financial gain, and did not know that the hyperlink was published illegally without the consent of the copyright holder. In contrast, if a hyperlink is provided for profit, knowledge of the illegality of the publication on the other website must be presumed.
The CJEU has confirmed the AG’s Opinion, in McFadden v Sony Music Entertainment Germany (C-484/14), that operators of a free Wi-Fi service, who offer that service to the public, are not liable for copyright infringements committed by users of that network. However, such an operator may be required to password-protect its network in order to bring an end to, or prevent, such infringements.
Continue Reading Free WiFi providers not liable for users’ copyright infringements
Under the Copyright Directive (2001/29/EC) the owner of copyright material has the exclusive right to control any "communications to the public" of their protected works.
In an advisory opinion to the Court of Justice of the European Union ("CJEU"), Attorney General Wathelet (the "AG"), recently considered whether the act of posting a hyperlink directing users to infringing content on a third party website would give rise to copyright infringement.
Continue Reading New Guidance On Whether Hyperlinking May Constitute Copyright Infringement
On 16 March 2016, the Advocate General (AG) delivered an Opinion, in McFadden v Sony Music Entertainment Germany GmbH Case-484/14, that a business offering free WiFi access to the public cannot be held liable for copyright infringement committed by a user of that WiFI. The decision confirms the applicability of the E-Commerce Directive, and the “mere conduit” defence, to free WiFi providers.
Continue Reading WiFi providers not liable for copyright infringement by users
On 14 September 2015, Minister of State for International Financial Services Simon Harris TD launched the FPAI, a new trade association founded to further the interests of stakeholders involved in the rapidly evolving Irish FinTech sector.
FinTech (financial technology) is the term used to describe any technology applied to financial services. Across the broad spectrum of FinTech products available, everyday examples include mobile banking, peer to peer lending, digital currency (e.g. Bitcoin), crowdfunding (e.g. Kickstarter) and online payments systems (e.g. Stripe).