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Latham & Watkins LLP

UK Online Safety Act 2023

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The Online Safety Act (the OSA) received Royal Assent on 26 October 2023 and is now in force. The OSA establishes an extensive regulatory framework for providers of online user-to-user services and search services with...more

K&L Gates LLP

Brussels Regulatory Brief: May 2024

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Antitrust and Competition - The European Commission Approves Plan to Unwind a Completed Transaction in the Early Cancer Detection Sector - On 12 April 2024, the European Commission (Commission) approved the plan to unwind a...more

Ballard Spahr LLP

The Iliad Flows: Federal Judge Allows FTC “Dark Patterns” Suit Against Amazon to Proceed

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In a lengthy ruling, a Seattle federal judge has allowed the Federal Trade Commission (FTC) to proceed with its groundbreaking case alleging that Amazon’s Prime online subscription marketing tactics constituted deceptive...more

Goodwin

Digital Markets Act: Mandatory Compliance for Big Tech Companies

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The Digital Markets Act (DMA) regulation of September 14, 2022, along with the Digital Services Act (DSA) regulation, represents one of the major digital initiatives of the European Union. Gradually applicable since May 2,...more

Davis Wright Tremaine LLP

Project W: Q&A with the Founders of WMarketplace

Kate Isler and Susan Gates met through a short-lived startup experience and discovered their shared passion for empowering women. They always knew they would build something together and that opportunity came during the...more

Gibney Anthony & Flaherty, LLP

Modified SHOP SAFE Act Introduced to Combat Anticounterfeiting

On September 28, 2023, Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.) introduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce (SHOP SAFE) Act. This bill is being introduced in...more

McDermott Will & Emery

Texas Taxing 130% of Marketplace Sales

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Proving that everything is bigger in Texas, the state’s Comptroller is now assessing marketplace providers on 130% of their sales. It seems a sales tax on 100% was not big enough for tax officials in the Lone Star State. The...more

Wilson Sonsini Goodrich & Rosati

Into the Final Stretch: Six Gatekeepers Confirmed Under the EU’s Digital Markets Acts

On September 6, 2023, the European Commission (EC) returned from its summer break with full force and announced the designation of six tech companies as so-called “gatekeepers” under the EU’s Digital Markets Act (DMA) and...more

Goodwin

Does the New EU Digital Services Act Apply to Me?

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On 25 August 2023, the EU’s Digital Services Act (“DSA”) came into effect for very large online platforms and very large online search engines. The DSA becomes fully applicable to other entities within its scope on 17...more

McDermott Will & Emery

Congress Cracks Down on Sales of Stolen and Counterfeit Goods

The requirements of the INFORM Consumers Act went into effect on June 27, 2023. The following includes need-to-know information for sellers, businesses that serve as an online platform for third-party sellers and customers...more

Wilson Sonsini Goodrich & Rosati

FTC Alleges Amazon Prime Subscription and Cancellation Screens Violate Federal Law

The recent suit filed by the Federal Trade Commission (FTC) represents the latest guidance in the rapidly evolving patchwork of federal and state laws that govern online subscription models. Any company offering subscription...more

Sheppard Mullin Richter & Hampton LLP

FTC Notifies Online Marketplaces of Obligations Under INFORM Act

On June 20, the FTC announced that it has sent letters to 50 online marketplaces nationwide notifying them about their obligations to comply with the new Integrity, Notification, and Fairness in Online Retail Marketplaces...more

Morgan Lewis

Proposed New York Law Seeks Stricter Electronic Marketplace Liability - Retail Did You Know?

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Bill S6437, a bill making its way through the New York State Senate, would purport to place electronic marketplace providers on the same footing as retailers for purposes of New York’s strict liability law. While the law...more

Kelley Drye & Warren LLP

New Law Governing Online Platforms And Sellers Takes Effect In June – Are You Ready?

On June 27, 2023, “online marketplaces” (i.e., online selling platforms like Amazon and EBay) will have some brand new obligations. So will many of the third party sellers that operate on these platforms....more

Brownstein Hyatt Farber Schreck

State AGs and the INFORM Consumers Act: Key Takeaways

With a new law on the books aiming to protect consumers from fraudulent online sales, it’s a good time for online marketplaces, third-party sellers and retailers to reexamine their compliance programs and relationships with...more

Wilson Sonsini Goodrich & Rosati

New Legal Requirements for Online Marketplaces: The INFORM Consumers Act

Starting on June 27, 2023, online marketplaces will have to comply with a new federal law called the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”). The Act...more

Troutman Pepper

Etsy Targeted Over Sale of Counterfeit Products

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U.S.-based international trade group Cashmere and Camel Hair Manufacturers Institute (CCMI) recently filed a lawsuit against global online marketplace Etsy, Inc. in U.S. District Court for the District of Massachusetts for...more

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

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The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

Benesch

EU Moves Forward with Broad Regulations on Online Services that Impose Fines up to 6% of a Company’s Annual Gross Revenue

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The proposed Digital Services Act will require online services (including social media platforms, search engines, and marketplaces) to implement policies and procedures aimed at increasing transparency and combatting illegal...more

Holland & Knight LLP

Etsy Introduces New IP Reporting Portal

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Businesses regularly lose revenue because of inadequate online brand enforcement. At the same time, online marketplace consumers regularly purchase counterfeit products without ever knowing that they purchased a fake. Sales...more

Dunlap Bennett & Ludwig PLLC

Counterfeit goods are flooding the internet. What can we do?

It used to be that counterfeit goods in the United States originated in well-known places like New York City’s Canal Street, or perhaps other niches in a city near you. ...more

Eversheds Sutherland (US) LLP

Focus on Fintech: Senate Debates Bill Aimed at Online Marketplaces and App Stores

In line with the CFPB’s and FTC’s recent scrutiny of big tech companies, Senator Amy Klobuchar (D-MN) introduced the American Innovation and Choice Online Act (AICO Act) on October 18, 2021. The bill is co-sponsored by Sen....more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments

To help organisations stay on top of the main developments in European digital compliance, Morrison & Foerster’s European Digital Regulatory Compliance team reports on some of the main topical developments in this area that...more

Latham & Watkins LLP

UK Government Publishes Draft Online Safety Bill to Tackle Illegal and Harmful Content Online

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The proposals includes fines for non-compliance of up to the greater of £18 million or 10% of a provider’s annual global revenue. On 12 May 2021, the UK government published the Online Safety Bill (the Bill), which aims...more

Wilson Sonsini Goodrich & Rosati

Are Online Marketplaces Liable for Product Defects? California Says Yes

As companies increasingly open and support online marketplaces for third parties to sell goods and products, the question has arisen as to what happens when one of those products is defective. Who is liable for any harm the...more

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