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The platform regulation discussion is a nuanced, multi-stakeholder debate that has the potential to shape the future of platforms as we know them. Depending on the outcome of the European Commission’s platform regulation consultation, home-grown European e-commerce platforms like ours could be faced with new obligations that would fundamentally change the way we do business,… » read more

Posted by Chris Sherwood

The European Court of Justice has invalidated the Safe Harbor. I think there are good legal, economic, data protection, and political grounds to question the wisdom of this judgment. Many people think that the judgment against the Safe Harbor can legitimately be questioned, both with regard to the powers of national data protection authorities (DPAs),… » read more

Posted by Chris Sherwood

In this post we argue that the debate on the EU’s proposed General Data Protection Regulation is unhealthy: that ‘fundamental rights’ are used as a shield to avoid real discussions on practical implementation, that wild assertions are made about the economic effects of privacy rules, and that European industry’s views, when not dismissed as those… » read more

Posted by Chris Sherwood

The Road to Nowhere

  Could EU data protection rules ultimately thwart the Juncker Commission’s digital ambitions?   The Juncker Commission’s flagship Digital Single Market Strategy, in the words of former DG CONNECT Director-General Robert Madelin[1], is “focused, ambitious, and risk-taking”. Indeed senior European Commission officials will acknowledge that in implementing the DSM, the Commission is going to have… » read more

Posted by Chris Sherwood

I hate “limited liability”. It sounds either technical & legalistic (who really knows what it means?), or mealy-mouthed and self-serving (“we don’t want to take responsibility”). There’s got to be a better name for it – a name that is catchy and simple and easy to understand. I am offering a holiday in Bali to… » read more

Posted by Chris Sherwood

Google Under Fire

So it finally happened. Yesterday the European Commission announced it had sent Google a Statement of Objections (SO), accusing it of abusing its dominant position in search to unfairly give advantages to its comparison shopping service, Google Shopping. This is obviously hugely important. As I have argued here before, the outcome of this case has… » read more

Posted by Chris Sherwood

By Silvia Romano   Those watching the Data Protection Regulation (DPR) can breathe a sigh of relief now that EU Ministers have reached an agreement on a number of critical provisions of the proposal. However, more work remains to be done to achieve a robust and clear legislative framework which can effectively address the challenges… » read more

Posted by Chris Sherwood

Yesterday, leading European companies sent an open letter to the EU institutions calling for the successful conclusion of EU-US negotiations on the Safe Harbor. You can see the letter here: Safe Harbor Letter from European Industry Readers should be crystal clear in their minds that the Safe Harbor was not designed to help US companies… » read more

Posted by Chris Sherwood

In various conversations over recent months, I have noticed that a lot of people don’t understand the difference between general, or horizontal search on the one hand, and specialised, or vertical search on the other. Understanding the differences is crucial to understanding how Google abuses its dominant position, because Google systematically describes a vast “search”… » read more

Posted by Chris Sherwood

Google-bashing has become very fashionable. Businesses, individuals, and politicians around the world, but especially in Europe, have taken great delight in attacking Google: Google the monopolist, Google the privacy-killer, Google the tax-dodger, Google the facilitator of online piracy, Google the free-rider over telecoms networks. The list goes on.   My company is one of those… » read more

Posted by Chris Sherwood