Topic: Privacy

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Who is responsible for fan sites?

The Advocate General to the Court of Justice of the European Union (CJEU) Yves Bot caused a sensation with his unexpected opinion concerning the admissibility of social media fanpages under EU data protection law. According to the opinion of Mr. Bot, the operator of a social media fanpage is “jointly responsible for the processing and … Continue reading

Entering a new age of virtual reality

Experiencing virtual reality The line between the digital world and the physical world is becoming increasingly blurred as we enter an era of virtual reality (VR).  VR can be defined as a “computer technology that uses virtual reality headsets…to generate realistic images, sounds and other sensations that simulate a user’s physical presence in a virtual … Continue reading

Use of WhatsApp violating data privacy laws without the consent of every address book contact?

The use of WhatsApp without the declaration of consent from every person in the user’s address book directory is deemed to be inadmissible in a recent decision by the family law department of a German lower federal court (AG Bad Hersfeld, 15.05.2017 – F 120/17 EASO). The court held that the mother of an 11-year-old … Continue reading

Me, Myself & ‘AI’

Human interactions with technology In the past few years, the use of social media has increased rapidly. A key feature of social media platforms and social media apps is the ability to interact with other people in ways that were not thought possible in previous generations.  With the click of a button, someone from the … Continue reading

Data processing and storage: Protection of Personal Information (POPI) and your social media account

The South African Protection of Personal Information Act, 2013 (POPI), which protects the processing of personal information by public and private bodies, is much like similar UK and EU legislation. It was signed into law in November 2013 but is not in full effect yet. Once the Act is made effective, companies will be given … Continue reading

Growth of Digital Payments on Social Networks

A recent UN study reveals that rapid growth of social networks and e-commerce platforms has driven financial inclusion, economic activity and security in practically all countries and in particular China. The report highlights that popular applications WeChat and AliPay have developed into some of the largest and most sophisticated financial ecosystems in the world. For … Continue reading

Who is Fact Checking the Fact Checkers?

With the proliferation of so-called “fake news”, companies are starting to rely on third party organizations to perform a “fact checking” function in order to distinguish between legitimate news and fake news. The fake news epidemic gained traction in the recent US presidential election.  We have previously written about the fake news problem, as well … Continue reading

Risks of unlawful social media content: changes in UK defamation landscape and what you need to know

A carefully curated social media presence is a critical business requirement, but there are risks. One of these risks is unlawful content – be that unlawful content posted to your businesses’ own social media account (exposing the company to potential liability) or harmful content about your business (or its C-Suite or key personnel) posted on … Continue reading

The edit button: can the past be erased?

Social media users have a new demand for 2017 – they want the ability to edit their public messages. Spelling mistakes, missing words and misplaced pronouns can have embarrassing, unintended and sometimes dangerous consequences.  The ability to edit one’s message is an attractive feature.  This request has led some users on the social media platform … Continue reading

German competition authorities initiate proceeding against Facebook

Facebook became the latest American technology company to face antitrust hurdles in Europe after the German Federal Cartel Office (Bundeskartellamt), a competition authority, opened an investigation into whether Facebook Inc., USA, Facebook Ireland Limited and Facebook Germany GmbH abused their alleged dominant position in social networking by violating data protection laws. Accordingly, unlike other proceedings … Continue reading

Facebook “like” button violates privacy laws

On 9 March 2016 the Düsseldorf Regional Court in Germany ruled that an online shopping site, Peek & Cloppenburg, which integrated Facebook’s “like” button into its website had violated users’ privacy rights. How the “like” button works The button allows website users who click on it to share instantly the pages and content from the website on … Continue reading

Hacked private messages used in court

A South African high court recently ruled that a civil litigant’s private Facebook messages, which were unlawfully obtained by the hacking of his personal account, were nevertheless admissible as evidence against him. In Harvey v Niland, the litigants were members of the same corporation.  Niland was also an employee of the corporation.  After leaving his … Continue reading

Social Listening – Are You Ready?

One of the keys to a successful social media presence for businesses is real-time engagement and quick response times. “Social listening” can help businesses tap into consumer sentiment in order to engage with their audience effectively and to elevate their brands. What is social listening? Social listening constitutes tracking conversations on social media that mention … Continue reading

We’re back, with our top five social media stories of 2015

The Social Media Law Bulletin is back! The ongoing interest of our readers as well as the increasing impact of social media led us to re-launch the Social Media Law Bulletin. We will be bringing you coverage of one or two items approximately each week, but in the meantime, we thought we would give you … Continue reading

UK MPs consider social media terms & conditions too complex

A recent report by the Science and Technology Committee (a UK parliamentary select committee) on the Responsible Use of Data (the Report) concludes that online terms and conditions for the use of social media platforms are unnecessarily complex and may not serve their intended purpose of obtaining informed consent from a user for the right to process … Continue reading

Pre-suit discovery on social media

A Kings County, New York court has held that a plaintiff may obtain social media information (such as another’s user information and evidence posted through social media) as part of pre-suit discovery under New York law. This decision could have ramifications in a number of jurisdictions that permit pre-suit discovery to preserve evidence and/or obtain … Continue reading

Social Media Accounts After Death – Delaware’s New Law

After January 1, 2015, individuals whose wills are governed by Delaware law can have their digital assets and digital accounts accessed and controlled by their personal representatives of their estates, courtesy of a new Delaware law.  Modeled on the uniform model Fiduciary Access to Digital Assets Act, the Delaware law vests the decedent’s personal representative … Continue reading
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