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Distance Selling Regulations: right of cancellation

All online traders in the UK and wider EU should know about the right to cancel distance contracts available under the Distance Selling Directive. This Directive was implemented in the UK by the Consumer Protection (Distance Selling) Regulations 2000 (the “Distance Selling Regulations”), which came into force on 31 October 2000. The Regulations were subsequently amended by the Consumer Protection (Distance Selling) (Amendments) Regulations in 2005.

AdWords and trade marks: the current position

When you search the internet using Google, you get two types of results: “organic” results determined by the Google algorithm to be relevant to your query, and paid advertisements. The paid advertisements appear where an advertiser has bid on keywords relating to the search terms - i.e. has agreed to pay Google in respect of user clicks resulting from the appearance of the advertisement in search engine results pages relating to those keywords. This is a form of “pay-per-click” advertising. Where an advertiser uses keywords that are identical or similar to another company's trade marks, there is an obvious risk of conflict.

Nominet's DRS Procedure: a brief guide

Nominet is the organisation responsible for the administration of the .uk top level domain, including the procedure used for the resolution of certain classes of domain name dispute. There are two basic documents governing Nominet's Dispute Resolution Service (DRS): the Policy and the Procedure. The DRS Policy sets out the substantive grounds upon which a complaint may be made; whereas the DRS Procedure governs the procedural aspects of the Nominet DRS.

Section 1 of the Defamation Act 1996

User-generated content can be a real headache for website operators. One particular risk associated with such content is defamation; however there is a special defence to libel actions which may assist a website operator who is accused of publishing defamatory content submitted by users.

Internet contracts and jurisdiction

Issues of jurisdiction are important to online traders, not least because of the transnational character of many internet contracts. Private international law (also known as conflict of laws) is the legal subject concerned with jurisdictional questions – i.e. questions of where court proceedings may be brought. Private international law is international inasmuch as it is concerned with cross-border legal disputes, but – because there are no real private international courts – it must be considered from particular national perspectives.

Distance Selling Regulations: disclosures

The Consumer Protection (Distance Selling) Regulations 2000 (the "Distance Selling Regulations") came into force on 31 October 2000. They implemented into English law the main provisions of Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in relation to distance contracts. This post focuses upon the information that must be disclosed by a website operator where the Distance Selling Regulations apply.

Websites, data protection and children

The first principle of data protection law is that personal data must be processed fairly and lawfully, and that one or more specified conditions must be met. Perhaps the most important of those conditions affecting the collection and use of personal data via websites is: "The data subject has given his consent to the processing" (Data Protection Act 1998, Schedule 2, paragraph 2). This raises the question of when a child can be taken to have consented to the processing of his or her personal data.

Digital publishing law: why comply?

The preponderance of the laws that regulate commercial conduct online are the same laws that regulate commercial conduct offline: contract law, the law of torts, commercial law, consumer law, intellectual property law, and so on. If you know a little (or a lot) about publishing law, you know a little (or a lot) about digital publishing law.