The EU Court of Justice (CJEU) has ruled that a supplier of luxury goods can, by contract, prohibit its authorised distributors from selling those goods on third-party internet platforms such as Amazon. The CJEU held that such a prohibition is appropriate; does not in principle go beyond what is necessary to preserve the luxury image of the goods; and is not necessarily an unlawful restriction of competition (Coty Germany GmbH v Parfümerie Akzente GmbH (Case C-230/16)).
Continue Reading CJEU rules suppliers of luxury brands can lawfully prohibit resale via third party internet platforms

Heading into the Christmas period, festive shoppers may notice an increasing number of retailers are offering receipts via email (e-receipts) rather than the traditional paper docket. Providing a receipt through email has a number of advantages for retailers and consumers. There is the obvious environmental benefit and it provides an easier means for customers to store and find receipts than an over-stuffed wallet.

However, new guidance from the Data Protection Commissioner (DPC) has stressed the need for retailers to ensure that when customers provide their details for the purpose of receiving e-receipts, they should be fully informed and consent to how that data may be used. Of central concern is the retailers’ use of email addresses for subsequent direct marketing.Continue Reading DPC publishes guidance on e-receipts

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.Continue Reading CJEU finds linking to freely available but unauthorised content may not constitute copyright infringement

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

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