The distancing measures imposed to address the spread of Covid-19 are not only affecting our social relations but are also disrupting the way we are used to doing business. For instance, given that physical meetings can no longer be held to execute transaction documents, electronic signatures are widely being used instead.
On 2 April 2020, the Court of Justice of the European Union (“CJEU”) rendered a judgment (C-567/18) clarifying the potential liability of Amazon and other operators of online platforms for trade mark infringement.
On 2 April 2020, the Court of Justice of the European Union (“CJEU”) rendered a judgment (C-753/18) in which the much-discussed concept of “communication to the public”, relevant for copyright-protected works in the EU, is further elucidated.
In the context of the difficult evolving situation in connection to COVID-19, most companies are currently facing unprecedented legal issues within their organisations. As a result, they have to significantly adapt their way of working to go through this unique time in the best possible and efficient manner
In Luxembourg, the rules on electronic signature and electronic agreements stem from the eIDAS Regulation 910/2014 (the “eIDAS Regulation”), as well as from the civil code and the e-commerce law of 14 August 2000, as amended (1).
The Covid-19 outbreak has been declared a public health emergency of international concern by the World Health Organization, causing unprecedented impact on people's lives, businesses and communities.
In two judgments issued during summer 2019, the Court of Justice of the European Union (“CJEU”) provided guidance regarding the qualification of a service as an “electronic communications service” with the meaning set out under Article 2(c) of Directive 2002/21/EC on electronic communications networks and services (“Framework Directive”). The CJEU indeed held different positions according to the nature of the services provided to end-users.
In two judgments issued during summer 2019, the Court of Justice of the European Union (“CJEU”) provided guidance regarding the qualification of a service as an “electronic communications service” with the meaning set out under Article 2(c) of Directive 2002/21/EC on electronic communications networks and services (“Framework Directive”). The CJEU indeed held different positions according to the nature of the services provided to end-users.
On 3 October 2019, the CJEU made an important decision in case C-18/18 with respect to the liability of hosting service providers and whether they may be ordered to remove or block access to content that they store. As a reminder, hosting service providers are subject to a specific liability regime regarding the information they transmit or store for their clients, but of course they remain subject to court injunctions.
In two judgments issued during summer 2019, the Court of Justice of the European Union (“CJEU”) provided certain guidance regarding the qualification of an “electronic communications service”
