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Digital Identity

The Legal Practice Division has developed and published a set of high-level Principles around the collection, use and sharing of digital identity information that could serve as the basis for engaging in dialogue with all relevant stakeholders.

Gender identity under Austrian employment law

An employee’s gender can play a crucial role during their employment period and the entitlements arising from it. Austrian law so far has only known a binary gender (female and male) system. In 2018, the Austrian Constitutional Court ruled that a person can have different genders other than female or male. Thus, as a result of Constitutional Court case law, a third gender was introduced into the Austrian legal system. The following article discusses the effects this ruling has on current Austrian employment law related to the gender of the employee.

The multipolar internet

Global Insight assesses the movement away from a ‘world wide web’ towards national internets where the rules for content are widely different.

Sexual Orientation, Gender Identity and Human Rights

Fights over internet rights

IBA Global Insight February/March 2018 - Basic practices and fundamental rights have long been taken for granted by internet users worldwide. However, the recent US decision to roll back key ‘net neutrality’ legislation puts them in danger – is it time for a digital constitution?

Time to tackle internet anonymity

Tech giants are under fire for facilitating all sorts of unwanted activity online. But finding more effective solutions than self-regulation is far from straightforward.

Litigators target national internet shutdowns

When in January 2019 a judge ruled that the Zimbabwean government’s internet shutdown during the country’s protests that month had been illegal, Kuda Hove, one of the lawyers who worked on the case, was disappointed. The case was won on procedural grounds, without mentioning any of the human rights violations that Hove says the internet blackout caused. As a result, the verdict would not set the desired precedent for future cases.

Copyright for the internet age

New rules for copyright in the EU need to be enacted in national law of Member States by April 2021. Global Insight explains why these reforms are highly controversial and what their impact is likely to be.

India’s SIM-binding mandate: recalibrating digital identity, traceability and telecom cybersecurity

This article examines India’s 2025 SIM-binding directions and explains how continuous SIM-linked identity verification aims to curb telecom-enabled cyber fraud, while also raising important technical, operational and privacy considerations.

Iran: Security forces’ violent suppression of protests identical to 2019, says IBAHRI

As protestors in the Islamic Republic of Iran continue to be shot at by the country’s security forces and women outside of Iran cut off locks of their hair in solidarity with the Iranian women protesting for equal rights, the International Bar Association’s Human Rights Institute (IBAHRI) notes parallels between...

Internet regulation – legislative proposals in Brazil

Digital Market Act- and Digital Services Act-like bills of law are being discussed in the Brazilian National Congress. At the same time, the Brazilian Supreme Federal Court is close to ruling the leading case on a platform’s liability for user-generated content.

The fraying fabric of the internet

The election of a new Secretary-General to the influential International Telecommunications Union has highlighted the disagreement globally around how the internet functions. Global Insight assesses what’s at stake.

New Cambodian law seeks to provide thousands with a legal identity

The Cambodian government has introduced new legislation in an attempt to provide a legal identity to the thousands of people in the country who currently lack proof they even exist. The law includes a focus on civil registration – the process of recording births, deaths, marriages and divorces – and is set to be implemented from July 2024. It’ll tackle the issues created where a person doesn’t have a legal identity – for example, limits to their access to public services, human rights and social protections.

Whistleblowers as John Does: preserving their identity while conducting internal investigations

Coming forward with information that could get someone into trouble has never been easy. To remedy this, states have been increasing their efforts to encourage whistleblowers to report wrongdoings by ensuring their protection from retaliation,1 which, up until recently, has been scarcely regulated, particularly in the European Union.2 The need to enhance the protection of whistleblowers has been thrown into the spotlight as a result of a series of scandals (such as the Panama Papers,3 Cambridge Analytica and Danske Bank scandals) in which whistleblowers played a key role.

Antitrust and the internet: is China different?

The article explains the differences in the Chinese antitrust regulator’s approach to regulating antitrust concerns in the digital market from the approach adopted by regulators in other jurisdictions, including the European Union

Traditional food and food innovation in South America: the regulatory challenges related to identity and globalisation

This article analyses the regulatory challenges faced by Bolivia and Uruguay in regard to balancing the need to preserve traditional foods alongside the need to incorporate food innovation. Based on the concept of novel foods, the article examines how international regulations can both protect and limit access to culturally rooted products within global markets. The opportunities to harmonise food-related identities, sustainability and regulatory developments in South America within this context are also explored.

IBAHRI welcomes the renewal of the mandate of the Independent Expert on sexual orientation and gender identity

The International Bar Association’s Human Rights Institute (IBAHRI) welcomes the renewal of the United Nations Independent Expert (IE) on sexual orientation and gender identity (SOGI). Created in 2016 for an initial period of 3 years, this mandate was set up to respond to a specific pattern of violations directed against persons because of their SOGI.

Fair share: what stage is the European legislative proposal on the internet tax at?

The European ‘fair share’ debate is certainly one of the ‘telecommunications’ hypes of 2023, and so far has created an incredible mass of work for consultants, lobbyists and conference organisers. This subject has become an absolute priority for the largest European telcos, assuming a very important role in the digital agenda of the European Commission lead by commissioner Thierry Breton, former Chief Executive Officer of Orange, the French telecom incumbent.

Tech giants: European Parliament rejects copyright reform in ongoing row between content creators and internet platforms

In July, members of the European Parliament rejected proposed changes to European Union copyright law that would have placed more responsibility on websites to check for copyright infringements and forced internet platforms to pay for linking to news. Attempts to reform copyright law across the 28-member bloc and bring it in line with the digital age have pitched internet giants like Google in a fierce battle against high-profile musicians including Sir Paul McCartney.

IBAHRI calls on India to lift internet restrictions in Jammu and Kashmir during Covid-19 pandemic

The International Bar Association’s Human Rights Institute (IBAHRI) calls on the Government of India and the Government of Jammu and Kashmir to revoke the internet restrictions imposed in the Jammu and Kashmir union territory, amidst the Coronavirus disease/Covid-19 worldwide pandemic.

New report from the IBA Communications Law Committee explores the ‘fair share’ debate in internet infrastructure funding

A new comprehensive report from the International Bar Association (IBA) Communications Law Committee examines the ongoing global debate over who should bear the cost of internet infrastructure, expansion and maintenance. It is a controversial issue revolving around whether…

Internet services in exchange for user data: Facebook’s potential VAT sales tax bill in Italy of USD 925 million

Facebook’s parent company Meta has been requested by the Italian tax authorities to pay EUR 870 million (USD 925 million) in unpaid VAT sales tax from 2015 to 2021. Based on information provided by an Italian newspaper, the Italian tax authorities seem to be arguing that Facebook membership is granted upon a consideration in kind.

When national laws and international standards are at odds: human rights responsibilities of social media platforms under Turkey’s new internet law

This article explores the risks that Turkey’s newly amended internet law poses to freedom of speech and possible mitigation strategies for social media companies, while placing the new legislation within the broader context of internet regulation in Turkey.

An interview with Zack Kass, AI business strategist

AI business strategist and former Head of Go-To-Market at Open AI, Zack Kass, discusses AI and the legal profession

Issue 13 – Friday 17 July 2020

This week’s Bulletin covers issues including the abuse of LGBTQI+ refugees, the impact of the virus on homeless people and an update on disability rights worldwide, including an EU resolution to protect the rights of those with intellectual disabilities during the pandemic.

Everywhere in chains

IBA Global Insight August/September 2017. Experts say blockchain technology will lead to the second generation of the internet. Global Insight explores the legal and regulatory impact of this latest revolution in technology.

Indonesia looks to regulate private electronic system organisers

By Michael S Carl. Indonesia looks to regulate private electronic system organisers - Asia Pacific Regional Forum, September 2020

Russia steps up crackdown on digital freedoms

A new Russian law – which came into effect in September – punishes online searches for what the government labels ‘extremist content’. But while the Kremlin has published a list of more than 5,000 banned websites, there’s still little clarity surrounding the law’s implementation and what makes the designated content ‘extremist’. As a result, there are widespread fears that the law could be used to further silence government critics, particularly those commentating on Russia’s war in Ukraine.

IBAHRI Update - Edition 7 - 2020

Role of lawyers, false news and systemic racism

UK introduces rules to hold big tech accountable for child safety

In summer 2025, child safety rules introduced as part of the UK’s Online Safety Act 2023 came into force. To comply, online platforms, including social media companies and search services, must implement age verification checks to block people under 18 from accessing ‘harmful content’ including pornography and material that might promote eating disorders, self-harm and suicide.