The protection of documents seems to be a more effective tool to protect a (searchable) collection of data than the Databases Act that was created especially for this purpose. An example is the dispute between price-fighter PR Aviation and Ryanair. On its websites wegolo.com and wegolo.nl PR Aviation offers consumers the possibility to search flight data and to compare flight prices. Besides this search system, PR Aviation offers customers the option of booking the flight found through its intermediary services. However, Ryanair has objected to the use of its flight data [Read more…] about No Database? Protection of Documents as a Safety Net
Press Law
ECJ in Portakabin / Primakabin: use of AdWords can be trademark infringement
On July 8, 2010, the European Court of Justice ruled on the circumstances of trademark infringement by the use of Google AdWords. AdWords are search words that, if they are typed in a search engine like Google by an internet user, create sponsored links or advertisements next to the “objective” results that are selected on the basis of algorithm. AdWords are sold by an auction to the highest bidder. The highest bidders gets the top sponsored link in [Read more…] about ECJ in Portakabin / Primakabin: use of AdWords can be trademark infringement
European Court: Conviction of Gossip Magazine for Publication of Portrait of a Suspect in Violation of the Freedom of Speech.
The Finnish National Conciliator arrived home late at night with his girlfriend, apparently not hindered by the fact that his wife, who was not amused, was also living in the same house. There was a fight: the National Conciliator and his female friend against the wife. The son of the house also received some blows (given by the female friend). The National Conciliator and his female friend were arrested and later convicted.
The Finnish magazine 7-päviää wrote about this fight and published photographs and the full name of the female friend (who, as the magazine revealed, also appeared to be dancing the samba with yet another man). Was this allowed? Or was this an unlawful invasion of the privacy [Read more…] about European Court: Conviction of Gossip Magazine for Publication of Portrait of a Suspect in Violation of the Freedom of Speech.
Order to Remove Unlawful Publication from the Internet Includes Asking Search Engines to Empty their Cache
In an online publication, a woman and her husband have accused several institutions of doing nothing to stop the sexual abuse of her daughter and several grandchildren by her ex-husband. The couple was ordered in preliminary relief proceedings to remove the online publication from the Internet “to the extent that these articles cannot be retrieved anymore in any way whatsoever by any search request on the Internet”. The order carried a penalty of EUR 2,500 for each day of non-compliance, with [Read more…] about Order to Remove Unlawful Publication from the Internet Includes Asking Search Engines to Empty their Cache
European Court of Human Rights: Conviction Le Pen for Hate Speech was Justified – Dark Clouds Gathering over Dutch politician Wilders?
Statements Le Pen Resulted in a Conviction in France
In a recent judgment, the European Court of Human Rights (published only in the French language) has rejected a complaint of the politician of the Front National Jean-Marie Le Pen. Le Pen complained against his conviction for inciting hatred in France. His conviction was based on, amongst other things, the following statement: ‘The day there are no longer 5 million but 25 million Muslims in France, they will be in charge. And the French will press their backs against the wall, will step off the sidewalk with their eyes fixed on the ground. If they do not do so, they will be told: “Why are you looking at me. You wanna fight?” Then you’d better start running, before you’re beaten up.’
Advertising Code Committee: Advertising Campaign Trafigura on Probo Koala Affair Misleading
On 3 June 2010 the Advertising Code Committee (“RCC”) allowed a complaint from environmental organization Greenpeace about an advertising campaign of the oil company Trafigura. The RCC ruled that Trafigura had violated the rules of the Dutch Advertising Code in this advertising campaign, which concerned the Probo Koala affair. In half-page-sized advertisements about the Probo Koala affair, [Read more…] about Advertising Code Committee: Advertising Campaign Trafigura on Probo Koala Affair Misleading
Gondola Affair – Municipal Councillor May Accuse Former Alderman of Corruption
Municipal councillor Stoelinga of the city of Delft (formerly Leefbaar Delft, currently Onafhankelijk Delft) accused former alderman Baljé of the political party VVD of corruption as a result of incriminating video and sound recordings from 2004 and 2005 of the alderman having several telephone conversations. In total there are approximately four hours of video recordings. A clip of the images is published online here. Baljé summoned Stoelinga, Leefbaar Delft and the person who had made the recordings to appear in court and claimed substantial damages.
Freedom of Expression in the Political Debate
The Court of Appeal rendered its judgment in the proceedings on the merits on 16 March 2010. The Court of Appeal gave way to the freedom of speech [Read more…] about Gondola Affair – Municipal Councillor May Accuse Former Alderman of Corruption
Dutch Newspaper De Volkskrant Can Keep Negative Articles in Internet Archive
In a judgment of 31 March 2010 the Court of Amsterdam ruled that de Volkskrant need not delete articles about Eric Luzac, the founder of the Luzac schools, from the Internet or from its archive. In the period 2002-2005 de Volkskrant had published a number of critical articles about malpractices in companies in which Luzac was involved. Through the companies, nurses from the Philippines were recruited for work in the Netherlands.
Luzac had initiated proceedings on the merits against de Volkskrant because in his view the publications were still causing him problems. Luzac had not argued that the articles themselves were unlawful, but [Read more…] about Dutch Newspaper De Volkskrant Can Keep Negative Articles in Internet Archive
European data protection supervisor EDPS wants standard refusal of cookies
The European Data Protection Supervisor (EDPS) is of the opinion that web browser should have the standard setting not to accept third party cookies. This follows from an opinion in which the EDPS advised the European Commission on the new privacy regulations regarding cookies.
The revised e-Privacy Directive stipulates with respect to the installation of a cookie that the permission of the user is required, after he [Read more…] about European data protection supervisor EDPS wants standard refusal of cookies
New rules for ‘cookies’
In the end of 2009 the European Parliament adopted the telecom reform package containing an amendment of the rules on the use of cookies. It is expected that these amendments will be transposed into Dutch legislation in April 2011. The amendments include an adaptaion of the regulation of cookies. The question is what the amended e-Privacy Directive will change in this respect. The new Article 5 (3) stipulates with respect to the installation [Read more…] about New rules for ‘cookies’
