Global Digital Markets

Since October 1, 2022, new obligations relating to the warranties of conformity and of hidden defects, as well as new warranties for digital content and services, have come into force and require the update of the consumer Terms and Conditions.

Context

The changes were made by the decree n°2022-946 of June 29, 2022, “relating to the statutory warranty of conformity for goods, digital content and digital services,” which came into effect on October 1, 2022.

This decree revises and completes the regulatory provisions of the French consumer code following the reform carried out by Ordinance No. 2021-1247 of September 29, 2021, which transposed European Directives (EU) 2019/770 “on certain aspects concerning contracts for the supply of digital content and digital services” and (EU) 2019/771 “on certain aspects concerning contracts for the sale of goods.”

The objective of these texts is to modernize the statutory warranty of conformity and consumer contracts to strengthen consumer protection and create a statutory warranty for the provision of digital content or digital services.Continue Reading Have You Updated Your French B2C T&Cs Yet?

On Tuesday, October 18, Squire Patton Boggs (SPB) joined forces with the Association of Corporate Counsel (ACC) to provide a deep dive into “Publicity and Privacy Issues for Media and Advertising” during the ACC’s Sports and Entertainment Conference.
Continue Reading Webinar Recording Available: “Publicity and Privacy Issues for Media and Advertising”

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2021…

The continuing evolution and advancement of digital communications around the world, from software-defined networking in a wide area network to over-the-top media services, has created significant business opportunities and advantages across borders. In response to such evolution and advancement, regulators around the world are reviewing their existing telecom regulation to see if it is still fit for purpose in this converging digital environment.

The EU has been leading the charge with the implementation of the European Electronic Communications Code (EECC) and elsewhere, several other jurisdictions outside the EU have reviewed or are looking to review their current regulatory approach to bring it in line with the new definitions contained in the EECC. Therefore, ensuring compliance with the code and other applicable communications laws will be a key theme for 2022.
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One of the main issues facing the enforcement of competition laws, and corresponding compliance efforts, in digital markets is the inherent global nature of the conduct of digital markets players. As the OECD noted in this respect, “Governments may need to enhance co-operation across national competent agencies to address competition issues that are increasingly transnational in scope or involve global firms.” Against this backdrop, the US, EU and UK competition agencies have recently issued joint statements to re-affirm their commitment to cooperate in this area. This blog post provides a short commentary and shows that… there is more in those statements than meets the eye.
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