Digital Identity is Under Attack: FIDO Paris Seminar.pptx
Legal issues on social media
1. Webinar
Legal issues in social
media
Giulio Coraggio
DLA Piper Italy
giulio.coraggio@dlapiper.com
March 19, 2014
2. The European Framework
Areas with common rules
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Advertising
Data Protection
E-Commerce
3. Advertising
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EU Directives
Unfair B2C Commercial Practices
Misleading and Comparative Advertising
Common principles
Advertising is "unfair" if it distorts (or likely
to) consumers' behavior with regard to a
product
Principle of transparency
Differences across the EU
Sanctions
Enforcement procedures
Different approach by authorities
DLA Piper Prize Promotions Across the
World handbook
4. Data Protection
EU Directives
General Privacy Directive 95/46/EC
E-Privacy Directive 2002/58
Advertising strategies – Big Data!
Segmented, behavioral & location based advertising
Viral marketing
New EU Privacy Regulation
Applicable to foreign companies regardless of their
establishment (i.e. even if located outside the EU)
Fines up to 2% of the annual worldwide turnover
DLA Piper Data Protection Laws of the World
handbook
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5. E-Commerce
E-Commerce Directive 2000/31/EC
Who is liable for published contents?
Fan pages, forum, video sharing sites etc.
General non-monitoring obligation on ISPs
but take down obligation upon knowledge or court order
New Consumer Rights Directive
Higher level of consumers' protections, transparency and
obligations on businesses
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6. ITALY – Advertising
Procedure under unfair commercial practices and
misleading advertising regulations
Competition Authority in charge of proceeding
Fines up to € 5,000,000
Recent disputes: Apple, Ryanair, Groupalia and Groupon
Proceeding under advertising self-regulatory code
Binding only on entities that signed the self-regulatory code
most of ISP and TV associations signed it
Much faster than the administrative procedure
No fines but effective due to entities signatory of the code
Issues with prize promotions on social media
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7. ITALY – Data Protection
Stingent approach by Data Protection Authority
towards new technologies
New guidelines on "social spam"
Sanctions
administrative fines up to € 300,000 that can be
quadrupled
criminal sanctions
Google Vividown dispute
civil claims for damages
Proactive approach against foreign entitites
investigations on Skype and WhatsApp
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8. ITALY – Liability on the Internet
Editors' strict liability regime extended to the Internet
YouTube vs. RTI dispute
Facebook fan page case
TripAdvisor case
Cases on forums and blogs
Copyright: new enforcement procedure!
Need to put internal procedures to comply
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9. The Future – Big Data will grow or shrink?
New Technologies
Wearable technologies
Internet of Things
More information to be shared and
possibly used for marketing
purposes
Will regulators be able to find the
right balance between users'
protection and privacy regulations?
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10. Thank you!
Be careful what you say in social media, because no matter
what, we live in a hypersensitive society where people are just
looking for any reason to be offended and make a huge deal
about nothing (Unknown)
Giulio Coraggio
DLA Piper Italy
T +39 02 80 618 619
M +39 334 68 81 147
E giulio.coraggio@dlapiper.com
giulio.coraggio@dlapiper.comGiulio Coraggio - DLA Piper 10