As part of the new Fair Consumer Contracts Act, [Gesetz für Faire Verbraucherverträge; published in the Federal Gazette (Part I) no. 53/2021, p. 3433 et seq., full text publicly available (in German) Germany will soon require specific
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Clubhouse faces steep challenges in spite of new features and expanded access
Clubhouse, the former invitation-only social media darling that captured the attention of investors, social media early adopters, and competitors since its introduction in April 2020, now faces significant challenges as it strives to remain relevant and attract new and…
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Some Things Never Change… Including, Apparently, T&Cs in Germany
With a judgment dated April 27 and published on June 4, 2021, the German Federal Court (Bundesgerichtshof – the “Court”) declared unfair and therefore illegal and unenforceable a common way to make changes to terms and conditions (“T&Cs”) used vis-à-vis…
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Northern District of California Holds that Section 230 Applies to App Store
By Aaron Rubin & Scott Chen
While Section 230 of the Communications Decency Act continues to face significant calls for reform or even elimination, the recent Coffee v. Google case illustrates that Section 230 continues to provide broad protection to online service providers.
In Coffee…
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Click Yes to Accept: Fairness and Transparency in Consumer Contracts in Europe
Companies contracting with consumers have to take care to ensure their agreement terms are enforceable. In one of the first post-Brexit decisions on issues in an online consumer contract, a UK court recently showed that principles of fairness and transparency …
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Mitigating User Content Risk After EU Copyright Directive
Partner Christiane Stuetzle, senior associate Patricia Ernst, and research assistant Susan Bischoff authored an article for Law360 covering how online content service providers must act to mitigate risks and avoid liability under the European Union’s Copyright Directive, created in an effort to…
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Draft EU Regulation for Artificial Intelligence Proposes Fines of up to 6% of Total Annual Turnover (client alert)
After the presentation of a general “European Approach to Artificial Intelligence” by the EU Commission in March 2021, a detailed draft regulation aimed at safeguarding fundamental EU rights and user safety was published today (“Draft Regulation”). The Draft Regulation’s main…
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Ninth Circuit’s Snap Decision Limits Section 230 Immunity
A recent ruling by the Ninth Circuit Court of Appeals in Lemmon v. Snap provides a reminder that while Section 230 of the Communications Decency Act provides broad immunity to the owners and operators of websites and mobile apps, that…
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Much-Anticipated Supreme Court Ruling Limits the Telephone Consumer Protection Act’s Definition of an Autodialer
The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid, impacting many pending Telephone Consumer Protection Act (TCPA) cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally…
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Who Do You Know? Contacts Access and Data Privacy Issues in Burgeoning Social Media Apps.
We’ve all been there: How many times have we downloaded a new social media app, only to have one of the sign-up steps ask for access to our contacts or address book? While on the surface the request seems innocent…
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