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

European Commission's review of the Distance Selling Directive enters next phase
Louise Aspinwall, London



The European Commission's review of the transposition into national laws of the Distance Selling Directive is about to enter its second phase, with the ending of the consultation period on 21 November 2006.

Belgian press association's court order against Google News for linking to its news stories
Patrick Michielsen, Brussels



We discuss the full background and implications of the controversial court order obtained by a Belgian newspaper publishers association against Google.

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The long and complex French implementation of the information society copyright Directive
Sandrine Rambaud, Paris



The French implementation of the information society copyright Directive has been dogged with controversy. We describe the history and final version of the legislation.

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Liability of online forum providers
Dr Fabian Niemann, Frankfurt & Dr Frank Chudzick, Munich



Two recent German appeal court judgments consider the liability of an online forum provider for content posted by a user. Both judgments hold that the provider has no general monitoring obligation.

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Security of IT systems: violation of password secrecy is cause for dismissal
Debora Stella, Milan



Recognition of the importance of the secrecy related to usernames and passwords and compliance with IT security measures is one of the issues arising out of a recent Italian Supreme Court decision.

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Dutch Court holds that classified advertising websites are not obliged to keep out infringing adverts
Bart Beuving, The Hague



A Dutch Court holds in an interlocutory judgment that where a classified advertising website has a notice and takedown-procedure, it is not obliged to keep out infringing advertisements or to remove such advertisements of its own accord.

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Custo Barcelona v eBay
Alexander Benalal & María Gomez, Madrid



According to recent news reports in the Spanish media, the Spanish fashion company Custo Barcelona is preparing a claim against eBay for sales of fake garments through its auction website.

A new preliminary draft of a law fostering the Information Society modifies the Spanish E-commerce Act, Electronic Signature Act and Telecommunications Act
Alexander Benalal, Madrid



The Spanish Industry, Tourism and Commerce Ministry has issued a preliminary draft of a law which is aimed at fostering the Information Society. Once this law has been passed by parliament and published, it will significantly amend Act 34/2002 on Information Society Services and Act 59/2003 on Electronic Signatures.

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Apple’s iTunes Terms of Service under scrutiny from the Nordic countries Consumer Ombudsmen
Henrik Nilsson & Jill Hagberg, Stockholm



We discuss the current status of the complaints initiated by the Consumer Ombudsman organisations in Sweden, Norway, and Demark against Apple’s iTunes Terms of Service.

Swedish Personal Data Act amended – a step towards misuse-oriented legislation
Josefine Jonsson & Henrik Nilsson, Stockholm



On 11 May 2006 the Swedish parliament voted to amend the Swedish Personal Data Act, making it more focused on preventing misuse of personal data. The most significant change to the Act is to exempt processing of unstructured materials, such as writings, sounds and images, from the greater part of the handling rules in the Act.

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English court takes jurisdiction over cross-border hacking claim
Graham Smith, London



In a recent decision the English High Court has taken jurisdiction over a civil claim arising out of alleged hacking into an English computer from abroad.

New Guidance on Distance Selling Regulations does not solve perceived problems
Ian Williamson, London



The Department of Trade and Industry and the Office of Fair Trading have jointly issued new guidelines on the Distance Selling Regulations. However, the new Guidelines do not change the inadequacies perceived by many businesses.

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