LawBytes

Copyright reform, eCommerce tax-raid and new Italian Privacy law

LawBytes brings this week news on the new European copyright law, possible new taxation on ecommerce in the US and the Italian decree integrating the GDPR.

Copyright – Upload filters and link tax approved by the EU JURI committee

On 20 June 2018, the EU’s Legal Affairs Committee (JURI) voted in favor of the draft proposal on copyright reform in the digital single market. Even if with a small majority of votes, the Committee members approved the proposal introducing mandatory upload filters to block non-licensed user generated content and requiring online platforms to pay original authors in order to use snippet journalistic content. Although this reform caused widespread controversy in the last 21 months, it seems that all the legislative buzz is finally coming to an end. On 4 July 2018, the EP will vote on whether or not the negotiations with the EU Council will begin and then the final plenary vote may take place during the end of the year.

It remains to be seen how EU lawmakers will approach the problem in order to modernize copyright holders protections without critically harming independent creators and affecting the internet industry.

eCommerce – Supreme Court decision will kick-off a tax-raid?

Ending a long legal battle on #DigitalEconomy taxation, on 21 June 2018 the US Supreme Court overturned a 1992 ruling that had enabled many ecommerce retailers to avoid collecting sales tax from customers. The Court recognised as valid and applicable the South Dakota act requiring out-of-state sellers to collect and remit sales tax “as if the seller had a physical presence in the State” on the condition that the online seller’s business has a valud of more than $100,000, or processes more than 200 transactions in the state.

However, while we wait to see the arguments of the eCommerce respondents, time will tell about what implications this decision will have. There is no doubt that the worldwide legislative trend is sheding light on the fact that the internet is no longer a special exception. In any case, businesses with a robust and well-designed fiscal system will be able to painlessly manage sales tax and will be better prepared for the change and continue to lead the rise of ecommerce.

Privacy – Italian Parliament’s opinion might have some impacts on draft GDPR decree

Overcoming the initial deadlock, the special commission for government acts within the Italian Chamber of Representatives has finally issued its favourable opinion on the draft legislative decree implementing the GDPR. As previously mentioned in this post, the draft introduces some derogations to the GDPR, and it is interesting to note that although Parliament’s opinion confirms the overall structure of the draft decree, which intends to modify and not to repeal the Privacy Code, it introduces a number of conditions like a lower minimum age (14) for child’s consent and the reintroduction of failure to comply with Data Protection Authority provisions as a criminal offence.

The opinion ends with an evaluation request of a 8 months grace-period with no sanctions after the entry into force of the decree. Whether or not this request will be followed up, it is fundamental to monitor the route of this legislative train, which could have serious impact on the ongoing compliance projects.

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Tommaso Ricci

Tech addict and privacy geek, working with Giulio Coraggio in the Intellectual Property and Technology Department of DLA Piper. I write about latest news in the legal-tech framework to help intercept the trends and gain a competitive edge in the market.

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