Posted in TLC Law

ACM gaat telecomproviders streng controleren op het informeren over het kosteloos beëindigingsrecht

The Netherlands: the Dutch authority for the consumers (ACM) will tightly check. Therefore:

  • the informaiton must be provided as clear
  • the consumer must be able to compare previous and new treatment
  • the ocnsumer mustbe informed of his/her right to terminate
  • notice period amounts to, at least, one month and,
  • -drum roll- the consumer must agree to the change.

Exceptions are:

  • the change is in favour of the consumer,
  • the change is neutral, or
  • if the network provider made clear upfront that changes may take place

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Posted in Privacy, TLC Law

Major internet providers say will not sell customer browsing histories

Comcast Corp, Verizon Communications Inc and AT&T Inc are, officially, not interested in selling customer’s (individual) data.

As per usual, the devil lies in the deatil: like for Facebook, selling anonymised data is not illegal, but:

  • what if these ocmapnies get hacked and this data is taken before being anonymised?
  • what if by adding several filters it is possible to takcle one individual? I mean, how many Nick Short can there be in a city of 100’000 , who attended university X, worked at Z and Y, aged between 3A and 3B, liking sport W and affected by XX diseases?

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Posted in Financial Law, TLC Law

AFM stelt eisen aan reclame voor verkoop mobiele telefoons op afbetaling

And that’s another point for the Netherlands.

TLC Companies often offer bundles of phone services and smartphones; yet, such hire/purchase deal implies a loan and the loans never come for free.

Few information is shared and which part of the payment relates to what and the AFM has sole authority on that (a smartphone is given as credit, not the minutes, sms and mobile data). Specific laws apply and in this case, more comprehensive information must be granted to consumers (credit tables must be reported aside, so that comparisons are possible).

Last but not least, since the loan implies the bank duty to collect income’s information from the clients, Telcos will need to enforce that and prepare their clients.

Source

Posted in IT Law, Start-ups, TLC Law

The Most Important Law in Tech Has a Problem – How “safe harbor” turned into a protector of privilege.

Very interesting article on Tech Law and gig-economy platforms (AirBnB is the main target, here).

Most of these platforms’s business plan hinges on the 20-years-old Section 230 of the Communications Decency Act, granting legal immunity tothe content posted by users on such websites.

Yet, there somewhat a trend in US to overturn its content (see recent case of defamation on Yelp or the lawsuit to Match.com).

One of these lead, comes from San Francisco, a city notoriously short on housing and whose AirBnB activities exacerbated its weak situation. Guess what’s the legal Copernican revolution deployed by Frisco’s legals. Section 230 is irrelevant here, but it is declared illegal to make revenues out of a business working on illegal rentals.

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