EU KIDS Act
By: Sarah Pearce and Veronica Muratori
On 17 September 2026, the European Commission presented the EU KIDS Act, aimed at strengthening the protection of minors online and reducing fragmentation across Member States.
Read MoreAustralian Privacy Commissioner Finds Health Firms Track Patients’ Searches Without Obtaining Consent
By: Cameron Abbott, Rob Pulham and Emre Cakmakcioglu
The Australian Privacy Commissioner has determined that Monash IVF and a telehealth company have interfered with the privacy of website visitors via tracking pixels, without obtaining end-user consent.
Read MoreICO Publishes Soft Opt-in Electronic Marketing Guidance for United Kingdom Charities
By: Dr. Thomas Nietsch and Noirin M. McFadden
The UK’s data protection regulator, the Information Commissioner’s Office (ICO) has published guidance for charities to use the new charitable purposes soft opt-in for electronic marketing.
Read MoreNSW Expands Surveillance Powers and Introduces Public Interest Protections
By Cameron Abbott, Damien Timms and Maryam Ahmed (Graduate, Melbourne)
The NSW Government has announced legislative reforms that will enhance the surveillance powers of investigative agencies including NSW’s Independent Commission Against Corruption (ICAC).
Read MoreAge Assurance Technology Reaches Maturity
By: Cameron Abbott, Rob Pulham, and Stephanie Mayhew
This week the Australian Government released its Final Report on the Age Assurance Technology Trial. Its findings will underpin the coming into effect of new rules to implement the social media minimum age limit laws, required to be in place by December 10.
Read MoreNo One Wants to Dispute with Consumers–End of the European Online Dispute Resolution Platform (ODR Platform)
By: Dr Thomas Nietsch and Andreas Müller
Under the Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes (ODR Regulation) traders established in the European Union (EU) who sell or offer products or services online to consumers residing in the EU are required to provide an easily accessible and clickable link to the EU’s ODR Platform on their websites to enable consumer to resolve disputes regarding the obligations stemming from the online sales or service contracts out of court. Until now…
Read MoreTermination Button–Also Required for Agreements With Automatic Expiry and One-Time Payment
By: Dr. Thomas Nietsch and Andreas Müller
In a recent ruling (I ZR 161/24, 22 May 2025), the German Federal Court of Justice (BGH) clarified the scope of § 312k German Civil Code (BGB) regarding the obligation to provide a ‘cancellation button’ on websites if traders enable consumers to conclude continuing performance contracts (Dauerschuldverhältnis) via their website.
Read MoreCJEU Upholds EDPB’s Authority to Order Broader Investigations in Cross-Border Cases
In a landmark judgment delivered on 29 January 2025, the General Court of the European Union has affirmed the European Data Protection Board‘s (EDPB) authority to require national supervisory authorities to broaden their investigations in cross-border data protection cases.
Read MoreEU Updates Codes of Conduct on Countering Illegal Hate Speech Online
By: Claude-Etienne Armingaud, Thomas Nietsch and Andreas Müller
The European Commission has strengthened its framework for combating illegal hate speech online through an enhanced Code of Conduct, building upon the success of its 2016 predecessor. This updated version, known as the Code of Conduct on countering illegal hate speech online +, aligns with the Digital Services Act (DSA) and represents a significant step forward in the EU’s efforts to create a safer digital environment.
Read MoreMass. SJC Limits Website Tracking Technology Claims Under Wiretap Act
By: Christopher Valente and Michael Stortz
In a critical new decision, the Massachusetts Supreme Judicial Court has confirmed that the state’s anti-wiretapping statute does not extend to website tracking technologies. In Vita v. New England Baptist Hospital, the Court held that the state’s 1968 Wiretap Act (Mass. G.L. c. 272, § 99) does not apply to the deployment of online software that collects and transmits information regarding user interactions with websites to third parties.
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