Government Regulation, Legislation & Enforcement

No One Wants to Dispute with Consumers – End of the European Online Dispute Resolution Platform (ODR Platform)

Jul 15 2025

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…

Termination Button–Also Required for Agreements With Automatic Expiry and One-Time Payment

Jun 25 2025

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.

EU Updates Codes of Conduct on Countering Illegal Hate Speech Online

Jan 24 2025

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.

Mass. SJC Limits Website Tracking Technology Claims Under Wiretap Act

Nov 04 2024

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.

Australian Privacy Reform Series Refresher: What Are These Reforms?

Aug 13 2024

By Cameron Abbott, Rob Pulham, and Stephanie Mayhew

In 2023 the Attorney-General’s Department released the “Privacy Act Review Report” (Review Report), which considered whether the Australian Privacy Act 1988 (Cth) and its enforcement mechanisms are fit for purpose in an environment where Australians now live much of their lives online and their information is collected and used for a myriad of purposes in the digital economy.

Disclosure Obligations for Cyber Ransom Payments: A New Cyber Security Act is Coming

Aug 12 2024

By Cameron Abbott, Rob Pulham, Stephanie Mayhew, Dadar Ahmadi-Pirshahid and Lauren Hrysomallis

A new Cyber Security Act is set to be unveiled in Parliament’s next sitting from 12 August, as reported by the ABC. The proposed Act would require Australian businesses and government bodies to disclose when they make a ransom payment to cybercriminals in the event of a hack, or face penalties of up to AU$15,000 for failing to notify.

Modern Adtech Regulated Under Antiquated Law: How Video Killed the Internet Star

Jul 29 2024

By Cameron Abbott and Rob Pulham

In their recent article available here, Katie Staba and Corey Bieber from our Chicago office discuss emerging advertising technology issues, including new applications of the California Invasion of Privacy Act and the Video Privacy Protection Act.

Security of Critical Infrastructure – Adoption of Cyber Security Framework and Mandatory Reporting Deadline Approaches While the Regulator Moves From “Education” to “Enforcement” Mode

Jul 26 2024

By Cameron Abbott, Rob Pulham, Damien Timms, Dadar Ahmadi-Pirshahid and Adam Asadurian

Some key compliance dates approach for responsible entities of critical infrastructure assets under the Security of Critical Infrastructure Act (SOCI Act).

ASIC and OAIC’s New Information Sharing MoU: What You Need to Know

Jul 24 2024

By Cameron Abbott, Rob Pulham, Stephanie Mayhew and Lauren Hrysomallis

ASIC has further focused its attention on the duties of companies and directors with regards to cyber resilience with the signing of a Memorandum of Understanding (MoU) with the Office of the Australian Information Commissioner (OAIC).

Catagory:Government Regulation, Legislation & Enforcement