Digital Trade: Key Trends and Developments to Watch
Podcast: State Taxation of Digital Health Products
In an ongoing battle against Netflix Inc., the Colorado Department of Revenue has argued that the historical definition of “tangible personal property” is sufficiently broad as to encompass digital goods — including streaming...more
Effective January 1, 2025, California’s Assembly Bill 2426 (AB 2426) mandates that companies clearly disclose when consumers are obtaining a revocable license to “digital goods” (broadly defined to include digital audiovisual...more
Digital goods are currently taxed in 31 states. The large market states where such products and services are generally not subject to tax, include California, Florida, Illinois, Massachusetts, New York and Virginia....more
Effective January 1, 2025, California law AB 2426 will require companies offering online-only digital goods to disclose that consumers are purchasing a limited-duration license, not outright ownership. This applies to a broad...more
California recently passed AB 2426, a new law amending California’s existing false advertising laws to target various false or misleading digital advertising claims. Initially introduced in February 2024, the bill quickly...more
The French Supreme Court (Cour de cassation) recently ruled that the principle of exhaustion of rights, which allows consumers to resell physical copies of video games without the consent of the publisher, does not apply to...more
Effective January 1, 2025, a new California consumer protection law will require sellers of digital goods to more clearly communicate whether consumers are purchasing unrestricted ownership to that digital good or merely...more
The Cyber Resilience Act (CRA) is a groundbreaking piece of legislation designed to enhance the cybersecurity of digital products and services made available in the EU. Published last week in the Official Journal of the...more
The distinction between owning and licensing digital goods has become blurred in an era increasingly dominated by digital transactions. While traditionally consumers purchasing physical items such as books and video games...more
Introduced in response to certain digital media sellers (e.g., game publishers) revoking consumer access to purchases with little to no recourse, AB 2426 forces sellers of “digital goods,” such as movies, apps, games, books...more
A new California law, AB 2426, will require any company offering to California consumers online-only digital goods – including a broad category of online media and content, such as games, video, audio, digital books and other...more
Last week, Governor Gavin Newsom signed AB 2426 into law. The bill declares it unlawful for "a seller of a digital good to advertise or offer for sale a digital good to a purchaser with the terms 'buy,' 'purchase,' or any...more
The past two presidential administrations have seen major shifts in U.S. trade policy impacting all aspect of the digital ecosystem, from trade in physical technology products to new initiatives limiting data flows. Join...more
Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with...more
The U.S. Copyright Office is considering whether to recommend renewing or expanding current exemptions under the Digital Millenium Copyright Act (DMCA), and the Federal Trade Commission and the Department of Justice’s...more
As the digital economy continues to expand, the rise of digital content also transforms the traditional models of how artists and consumers sell and purchase art. Instead of renting a VHS at your local film shop, a family can...more
During the 2023 legislative session, the Georgia General Assembly passed significant tax legislation including decoupling from IRC § 174, imposing sales tax on certain digital goods, and revising eligibility for the...more
Consider this scenario: you worked hard for many years and spent thousands of dollars building your brand. You even took the proper precautions and registered your trademark with the U.S. Trademark Office. Thanks to all that...more
From November 14 through 17, the Multistate Tax Commission (MTC) held its annual Fall Meetings in Little Rock, Arkansas. The MTC’s Uniformity, Executive, Strategic Planning, Audit, Litigation, and Nexus Committees met during...more
On 29 June 2022, Decree n° 2022-946 (the Decree) supplemented the regulatory framework resulting from the Ordinance n° 2021-1247 of 29 September 2021 on the legal warranty of conformity for goods, digital content, and digital...more
Wiley partner Tim Brightbill and consulting counsel Jackie Ruff sit down to discuss all things digital trade, from its definition to the overarching themes in the current regulatory space. With the digital economy now...more
In 2019, the global sneaker resale market equaled $6 billion. By 2030, some analysts predict it will top $30 billion. At the cutting edge of that growth are companies like StockX, a Detroit-based company that, along with...more
The Multistate Tax Commission (MTC) held its spring meetings in Albuquerque, New Mexico on April 19 through 22. The Uniformity Committee meeting took place on April 20 - some highlights from the meeting are included below. ...more
Introduction to NFTs- Throughout 2021 and 2022, Non-fungible tokens (NFTs) have increasingly grown into public awareness. People often hear about NFTs through collectible projects like Bored Ape Yacht Club, CryptoPunks, and...more
Die Umsetzung der europäischen Warenkaufrichtlinie (2019/771) und der Richtlinie über die Bereitstellung digitaler Inhalte und digitaler Dienstleistungen (2019/770) in nationales Recht bringt einige wichtige Änderungen des...more