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In Digital Media & Content

Landmark Ruling Affirms Direct Applicability of Collective Redress Directive – With Far-Reaching Implications for the Private Enforcement of Digital Rights

by , , , and 4 Mins Read

In a groundbreaking decision, an Austrian regional court has held that certain provisions of the Collective Redress Directive (Directive (EU) 2020/1828, “CRD”, sometimes also referred to as Representative Actions Directive) are directly applicable given that Austria failed to transpose the directive into national law. As a consequence, the EU’s rules on privacy, AI, and digital products will soon see increased private collective enforcement. The CRD, adopted by the European Union in 2020, aims to facilitate…

In Digital Media & Content

A legal framework for NFTs and other tradeable assets in video games: the Great French Experiment

by , and 5 Mins Read

On 10 April 2024, the French National Assembly adopted the Bill on Securing and Regulating the Digital Space (known as the “SREN Bill”), following the Senate’s validation a week earlier. The Bill contains a multitude of provisions, regarding a variety of important topics in the digital realm such as the protection of children online and reducing dependence of French companies on cloud service providers. The bill is expected to become law in the coming weeks.…

In Communications & Mobility

Malaysia: Online content and related developments

by , and 5 Mins Read

Proposed licensing of social media and internet messaging services providers and a new draft bill on digital safety – these are some of the recent updates in the online content space for Malaysia. On 15 December 2023, the Malaysian Communications and Multimedia Commission (MCMC) reported that there was a significant increase in harmful content on social media and over-the-top platforms in 2023 as compared to in 2022.1 Against this backdrop, the Malaysian Government (as with its…

In Advertising & Marketing

Spain: Coordinated initiative for the protection of minors in digital environments

by , , and 6 Mins Read

The SDPA and the CNMC, among other institutions, launch a series of coordinated actions related to the age verification of minors online, aimed at reinforcing their protection and preventing their access to harmful content. As in the rest of the European Union, the protection of minors online is one of the main areas of concern of Spanish authorities such as the Spanish Data Protection Agency (“SDPA”), the National Commission for Markets and Competition (“CNMC”) and…

In Digital Media & Content

French digital majority: new law compels social network service providers to move beyond age gating into age verification

by , and 7 Mins Read

A law aimed at establishing a digital majority and combating online hate (the “Digital Majority Law” or “Law”) was enacted on 7 July 2023[1]. 1. The Digital Majority Law creates new obligations for social network service providers operating in France. According to this Law, an online social network service is defined as “any platform enabling end-users to connect and communicate with each other, share content and discover other users and content, across multiple devices, in…

In Digital Media & Content

CJEU curtails EU Member States’ regulatory powers over online services

by , , , and 8 Mins Read

On 9 November 2023, the Court of Justice of the European Union (CJEU) held that an EU Member State may not subject an information society service provider (ISSP) established in another EU Member State to general and abstract regulatory measures that deviate from measures of the Member State in which the ISSP is established (C‑376/22). In doing so, it declared the Austrian Communication Platforms Act and, by implication, many other national online platform regulations, inapplicable…

In Digital Media & Content

The Digital Services Act: what is changing in the world of tech?

by , , , , , and 2 Mins Read

The Digital Services Act (DSA) imposes wide-ranging and transformative obligations on online intermediaries and platforms. As has been well-publicised over the last few months, the most onerous obligations, and tighter deadlines for compliance, fall on services designated by the Commission as very large online platforms (VLOPs) or very large online search engines (VLOSEs). However, all online platforms and online search engines were required to publish information on their user figures earlier this year, and all…

In Digital Media & Content

Modernised UK guidance on social media financial promotions

by , , , and 1 Min Read

Social media has become an increasingly vital part of firms’ marketing strategies across industries, and the financial sector – including its growing number of financial influencers or “finfluencers” – is no exception. In light of this trend the UK financial services regulator, the Financial Conduct Authority (FCA), has published a consultation to update its guidance on social media financial promotions. With this new guidance, the FCA wants to ensure its expectations of financial promotions on…

In Digital Media & Content

Launching an NFT project: Lifecycle and risk mitigation

by and 7 Mins Read

NFTs (Non-fungible Tokens) continue to grow in popularity, but the inherent misalignments in speed between legislation and innovation present a major challenge. NFT project developers, companies interested in using NFTs as an entry point into the web3 world and other stakeholders face legal challenges regarding regulatory matters, aligning these projects with more traditional legal requirements (such as eCommerce related consumer laws) and potential IP (Intellectual Property) breaches. Although there are few legal precedents for NFTs,…

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