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27 May: Negotiating Intellectual Property Licenses with University Technology Transfer Offices

Navigating the landscape of intellectual property (IP) licenses can be complex, particularly when dealing with university technology transfer offices. These offices manage the commercialization of innovations developed within academic institutions. Securing a license from a university technology transfer office requires a strategic approach and a understanding of the process. Here are some key considerations and steps to successfully negotiate an IP license.

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22 Apr: Shedding Light on Dark Patterns: Legal Frameworks and Best Practices for Online Businesses

The term “dark patterns” has become increasingly relevant, sparking concerns among online businesses. Recent actions by EU authorities have placed a spotlight on these tactics, prompting companies to revaluate their digital strategies. In this article, we’ll delve into what dark patterns entail, explore their legal ramifications, and offer insights for businesses navigating this landscape.

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25 Mar: Cracking the Code: Understanding Personalized Pricing in the EU Legal Landscape

You’re scrolling through your favorite dating app, hoping to find a connection, when suddenly you discover that the prices you see aren’t the same as what others are seeing. Imagine the frustration of realizing that the premium services you desire come with a price tag tailored specifically for you, without your knowledge. It’s akin to navigating a maze blindfolded, unsure of whether you’re getting a fair deal or not.

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15 Mar: EU Parliament approved the AI Act: What It Means for Your Business

The European Parliament recently approved the Artificial Intelligence Act (AI Act) on March 13, 2024, which is set to establish comprehensive regulations governing the use of artificial intelligence (AI) within the European Union (EU). Much like the influential impact of the General Data Protection Regulation (GDPR) on data privacy, the AI Act aims to set a global standard for AI regulation by imposing obligations on AI systems based on their potential risks and impacts.

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19 Feb: ECJ Clarifies Consumer Rights in Online Subscription Renewals

The laws in the United Kingdom (UK) and the European Union (EU) provide consumers with the right to change their minds and cancel online purchases within a 14-day period. However, questions have emerged about the applicability of this right when subscriptions automatically renew, especially post a free trial. The European Court of Justice (ECJ) recently provided clarity on this issue through a case involving a dispute between a consumer protection association and an online learning platform in Austria.

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12 Feb: Countdown to the Digital Services Act (DSA): Your Legal Guide for What’s Next

The Digital Services Act stands out as the most important and ambitious regulation globally in the realm of protecting the digital space against the spread of illegal content and safeguarding users’ fundamental rights, heralding a safer and more equitable online environment throughout the European Union (EU). With the deadline for compliance approaching, this article breaks down the crucial next steps to help your online business get on the right track. 

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18 Dec: Digital Services Act: EU Commission Initiates Proceedings Against X (Formerly Twitter)

The European Commission has officially opened formal proceedings against X, formerly known as Twitter, under the Digital Services Act (DSA). This formal action aims to determine if X has violated the DSA in areas such as risk management, content moderation, dark patterns, advertising transparency, and the provision of data access for researchers. This is the first time the commission has launched formal proceedings under the DSA.

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01 Dec: Fines and Penalties for Non-Compliance: DSA, GDPR, and CRD

In the digital age, regulations and directives have been established to protect consumers and ensure a level playing field for businesses. Three significant pieces of legislation in this realm are the Digital Services Act (DSA), the General Data Protection Regulation (GDPR), and the Consumer Rights Directive (CRD). This article provides a brief overview of each and outlines the fines and penalties associated with non-compliance.

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27 Nov: Making Sense of the Digital Services Act (DSA): Why and When Your Online Business Needs a Legal Representative

The European Union’s Digital Services Act (DSA) has ushered in a set of regulations to govern online services. For businesses operating beyond the EU but catering to its customers, a new rule mandates the appointment of a “legal representative”. In simple terms, this article breaks down why this requirement matters and how it helps your business follow the DSA.

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24 Nov: Black Friday and Online Deals Do’s and Don’ts for Online Business under EU law

As Black Friday, Cyber Monday, and Christmas deals approach, online businesses operating in the European Union (EU) need to be mindful of the regulations governing promotions and sales. Reports of shopping scams and strict penalties for misleading practices emphasize the need for online retailers to align their promotional strategies with both legal and consumer expectations.

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16 Nov: Understanding Lotteries, Competitions, and Prize Draws in the UK: Legal Framework

In the United Kingdom, promotional activities like lotteries, competitions, and prize draws are common marketing tools used by businesses to attract customers. However, these activities are governed by specific laws and regulations to ensure fairness and transparency. Understanding the differences between these promotions and the relevant legal framework is crucial for business.

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10 Nov: Understanding the Implications of the New UK’s Online Safety Act

In the ever-evolving digital landscape, where the complexities of internet use have never been greater, the introduction of the Online Safety Act marks a milestone in the regulation of online conduct and the protection of users in the United Kingdom (UK). This article aims to provide a overview of the Online Safety Act, its key provisions, and the implications for affected businesses.

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26 Oct: Limiting Software Reselling: Geography, Field of Use, and Beyond

When offering their software, vendors often seek to establish partnerships to extend their reach, tap into new markets, and leverage the strengths of other organizations in different territories or markets. Yet, while these partnerships can be mutually beneficial, vendors may wish to limit the scope of their software reselling for various reasons. These reasons can range from avoiding market saturation to ensuring the proper representation of their brand in specific territories.

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16 Oct: Navigating the EU’s Digital Services Act (DSA): A Guide for US Companies

The way businesses connect with customers has changed a lot in the digital age, offering new opportunities but also presenting new risks. To address this evolving landscape, the European Union (EU) has introduced the Digital Services Act (DSA), a pioneering regulatory framework aimed at governing digital platforms and services while establishing new rules to regulate these service providers.

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18 Sep: Online Marketplaces and the Digital Services Act: Understanding Trader Traceability

The European Union (EU) has taken a significant step forward in regulating online marketplaces with the new Digital Services Act, a pioneering piece of legislation that introduces various requirements for online platforms and other online service providers. One of the key provisions affecting online marketplaces is the “Traceability of Traders”, which aims to enhance transparency and accountability in the digital marketplace.

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28 Aug: Digital Services Act (DSA) Compliance in Action: Insights from Leading Online Platforms

The European Union’s Digital Services Act (DSA) has ushered in a new era of online content regulation, aiming to create a more legally harmonized framework across the EU. It affects online intermediaries who offer their services (goods, content or services) on the European market, from e-commerce marketplaces and app stores to video-sharing platforms and search engines.

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07 Aug: Navigating the EU’s Digital Services Act (DSA): A Guide for Swiss Companies

The way businesses work and connect with customers has changed a lot in the digital age. To adapt to this changing landscape, the European Union (EU) has introduced the Digital Services Act (DSA), a ground-breaking regulatory framework designed to govern digital platforms and services and established a new set of rules to regulate these service providers.

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31 Jul: UK’s Digital Markets, Competition, and Consumers Bill: What Online Businesses Need to Know

As the digital landscape continues to evolve, the UK government is taking action to regulate digital markets and change its competition and consumer protection regimes. One example is the proposed Digital Markets, Competition and Consumers Bill (DMCC), which aims to significantly improve consumer protection, enhance the enforcement powers of the UK’s Competition and Market Authority (CMA) and introduce substantial penalties for non-compliance. In this article, we will explore the key objectives of the DMCC and its implications for online businesses.

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24 Jul: Essential Guidelines for Businesses: Complying with UK Law for B2C Gift Cards

Gift cards have become a popular option for offering gifts and rewards in the Business-to-Consumers (B2C) domain. As a business operating in the UK, it is crucial to understand the legal rules surrounding gift cards to protect both your customers and your business. In this article, we will outline the key legal rules that gift card providers should be aware of and explain how you can comply with them.

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10 Jul: Embracing Transparency: What Other Platforms Can Learn from WhatsApp’s Policy Change Commitments

Social media giant WhatsApp has made a significant commitment to improving transparency and user rights concerning changes to its terms of service. In response to a joint action led by the European Consumer Organisation (BEUC), Competition and Consumer Protection Commission (CCPC), the Swedish Consumer Agency, and the European Commission (EC), WhatsApp has agreed to implement measures that ensure users are well-informed about the impact of updates to its terms of service. In this article, we will describe WhatsApp’s commitments and the implications for users, as well as highlight how other online companies can learn from these developments.

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19 Jun: Enhancing Clarity in Online Transactions: Major Credit Card Companies Introduce Transparency Measures for Online Subscriptions

Recent findings from the CPC Network have brought to light worrisome practices regarding recurring subscription payments in the European Union (EU). These practices have led many customers to unwittingly sign up for unwanted subscriptions, thanks to deceptive techniques employed by online businesses (for more information, click here). It was discovered that 10% of EU consumers have fallen victim to such unwanted subscriptions in the past. In response, the European Commission, in collaboration with the CPC Network, worked with major card schemes like Mastercard, VISA, and American Express to introduce new rules that promote clarity and informed decision-making for consumers.

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12 Jun: Ranking of search results: Do’s and Don’ts for Online Businesses under EU law

Online platforms have become the go-to destinations for individuals seeking information, products, and services. In this context, search result rankings have become an essential feature, enabling users to easily search for products or compare different options. Think of it as a virtual personal shopper, always at your service, showing results that are (supposedly) tailored to your preferences.

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05 Jun: Navigating the EU ODR Platform: Essential Obligations for Online Businesses

As an online business operating within the European Union (EU), it is crucial to be aware of the legal obligations and mechanisms in place to ensure consumer protection and dispute resolution. The European Online Dispute Resolution (EU-ODR) platform is a vital component of this framework. In this article, we will explore the EU-ODR platform and the key obligations, providing valuable insights for online businesses in the EU.

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22 May: EU Commission publishes the first list of very large platforms to fall under the EU’s Digital Services Act (DSA) stricter regime

The European Commission has confirmed 19 online platforms and search engines identified as ‘very large online platforms’ (VLOPs) and ‘very large online search engines’ (VLOSEs) for the purposes of the EU’s Digital Services Act (DSA). Such companies must comply with the most stringent rules of the DSA.

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15 May: Federal Council aims to regulate large communication platforms in Switzerland

The Federal Swiss Council has recently announced it is considering enacting new laws to regulate large platforms, including search engines (e.g. Google), social networking platforms (e.g. Facebook), multimedia platforms (e.g. YouTube) and microblogging services (e.g. Twitter), which could have far-reaching implications for the tech industry and digital communication. The move comes in response to growing concerns about the potential misuse of these platforms, particularly in terms of hate speech, fake news, and other harmful content.

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09 May: What you should know: 5 steps you can take to avoid product liability in online marketplaces under US law

Do you know how to protect your business from liability for products sold by third-party sellers on your platform? Liability for online marketplace sales is a complex and evolving area of law, and it’s crucial for businesses to understand their legal obligations and take proactive steps to minimize their exposure to risk. In this article, we’ll outline five key steps that businesses should take to avoid liability for products sold by third-party sellers on online marketplaces under US law. Read on to learn more and protect your business.

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17 Apr: For the wheel’s still in spin – the changing law on online marketplace liability for third-party products in the EU

One of the rapidly changing areas in eCommerce law is the liability of online marketplaces for 3rd party products sold online. A recent ground-breaking decision by the Court of Justice of the European Union (CJEU) in December last year may shift the current understanding of online marketplace liability when dealing with intellectual property rights infringement.

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05 Apr: Online selling and the Platform to Business (P2B) Regulation

If you are a small business, online platforms such as Amazon or Alibaba have ushered in business opportunities beyond just a local brick and mortar presence. And with more purchases moving online, it’s an economic necessity. Yet, the power of these platforms over your connection to customers can make or break your business. For over two years now, the EU’s Platform to Business (P2B) regulation…

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05 Mar: Gift card values and validity – what your business should know

If you’ve decided to offer gift cards on your website, you’re not alone. The gift card industry in Europe was valued at $140.1 billion in 2021 and is expected to grow fourfold by 2032, a 12.4% compound annual growth rate. Closed-loop gift cards, which are limited to purchasing good and services at the merchant listed on the card, are a terrific way to gain new business and increase sales. Open-loop gift cards offer…

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11 Feb: EU’s Digital Services Act (DSA): the upcoming obligation to publish number of active recipients in the EU

The EU’s Digital Services Act (DSA) came into force on 16 November 2022. In our previous article on the topic, we introduced some of the key requirements of this new legislation affecting online service providers in the EU. While most of the DSA’s obligations will only start to apply from 17 February 2024, specific transparency obligations will already come into effect from 2023. In this article, we look at this upcoming DSA deadline and outline what it means for online businesses in the EU.

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02 Nov: E-Commerce Directive versus the new Digital Services Act: is there a new liability regime for online service providers?

Current-day digital services, technologies and business models are near-unrecognisable from their counterparts covered by the E-Commerce Directive of the year of 2000. Some of the Directive’s key principles and provisions are outdated and no longer compatible with the newest technologies and business practices. It soon became apparent that a new package of legislative measures would need to be adopted at the EU level.

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01 Aug: Legal aspects of gift cards explained for online businesses

Offering gift cards to your consumers can be a great strategy to bring in money. But, if your business sells gift cards to consumers based in the European Union (EU), there are some specific rules you need to follow. So, to help you better understand this thriving market and seize the opportunities for your business while reducing the risks, we’ve compiled the key questions surrounding the implementation of gift cards…

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15 Jun: France’s Implementation of the Omnibus Directive – Three Key Things e-Commerce Businesses Should Know

If you are involved in e-Commerce in the EU, you have probably heard of the Omnibus Directive, which came into force on 7 January 2020. A “New Deal for eConsumers” the Omnibus Directive focuses on protection for e-Commerce consumers that was not covered in the earlier EU package of legislation on consumer protection.