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Welcome to the latest on-line edition of our IT and E-commerce Law Bulletin. In this edition we look at a number of current issues.
If you have any feedback on this Bulletin, please email itelb@twobirds.com
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EU finally adopts its long-debated Data Retention Directive
Peter Van de Velde, Brussels
An overview of the Data Retention Directive which was recently adopted by the European Parliament and the Council of the European Union and an analysis of its likely impact on industry.
"Traffic data" to be retained for one year by French electronic communications operators and Internet Service Providers
Jeanne Méhaud, Paris
In a recent Decree the French Ministry of Justice has imposed a legal obligation of retention of "traffic data" on electronic communications operators and Internet Service Providers - we analyse the implications.
Warranty of Hidden Defects and Software
Sylvie De Oliveira, Paris
The French Senate have recently adopted the bill modifying the hidden defects warranty under Article 1648 of the French Civil Code. Here we analyse the modifications they invoke to Article 1648 of the French Civil Code, in particular the extension of the time period during which a claim can be brought under the warranty.
Resale of second hand software infringes copyright
Alexander Duisberg and Henriette Picot, Munich
The District Court of Munich has recently decided that reselling second hand software downloaded from the Internet is illegitimate under German intellectual property law. We examine a decision which could have significant economic effects on the IT industry.
Public e-procurement: The Supply of Software to the Public Administration and the Risk of Obsolescence of the Software
Debora Stella and Francesco Fulgoni
An analysis of a decision of The Italian Council of State which allows public bodies to take account of any technical developments which take place during a procurement process.
Swedish parliament reacts against proposed intrusion
Jim Runsten and Anders Hellström, Stockholm
An examination of the recent proposals by the Swedish Minister of Justice to further empower the police at the expense of a citizen's right to privacy.
Restrictions on the automatic renewal of prolonged contracts
Wienke Zwier, The Hague
An examination of the anticipated changes stemming from the Dutch Council of Ministers approval of a legislative proposal that might bring an end to the silent renewal of prolonged contracts in the e-commerce and telecoms sector.
Court confirms no defamation liability for ISP 'conduit' activities
Craig Giles and Graham Smith, London
An examination of the decision of the High Court who ruled in Bunt v Tilley & Others that companies who provide users with Internet access, but do not themselves host any content, are not liable for defamation.
Rome II looms closer
William Roebuck, London
An update on developments with the Rome II proposal for a Regulation on the law applicable to non-contractual obligations, as a Council Common Position looks increasingly likely.
Denial of service ruling overturned
Graham Smith, London
The High Court on 11 May 2006 overturned a magistrates court ruling that a teenager accused of an offence under the Computer Misuse Act by sending 5 million e-mails to his former employer had no case to answer. The magistrates court had held that because the server was set up expressly to receive emails, the modifications made to the computer material by sending the e-mails were not 'unauthorised' as required by the Act. The magistrate dismissed the charges. The High Court remitted the case back to the magistrates court, suggesting that the consent to receive e-mails implied by publishing an e-mail address is not unlimited. We will report on this decision more fully in the next issue when the complete judgment is available.
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Events
Data protection breakfast briefing
Delivering Successful Outsourcing Projects
Employment aspects of cross-border corporate transactions
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