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Jun 10, 2020
As a third of the world’s population is currently ‘unbanked’, tech companies race to establish an online payment system that’s fit for purpose. Global Insight considers Facebook’s stablecoin project, Libra, and whether regulatory barriers might tip the balance in favour of international competitors.
Also, it will address how sports events´ owners and producers are dealing with “active” fans who want to choose what, when and how to watch and how much the new players - Facebook, Amazon, Netflix, Google, Tik Tok, Kwai and other digital media – are willing to pay for sports content and how will their payback be.
IBA Annual Conference Miami 2022
Nov 24, 2021
Global Insight explores the complex relationship between the tech giant’s services, its users and the concept of online harm.
Let’s say a client, a lawyer or a law firm has been defamed on Twitter, Facebook, or Instagram by a government official. Or by a former customer or client.
IBA Annual Litigation Forum: Litigation in the digital era - challenges and opportunities
Sep 23, 2020
IBA Global Insight Oct/Nov 2020: The tech giant has responded to criticism that it spreads fake news and misinformation by appointing the great and the good to its Oversight Board. Global Insight assesses the implications and chances of success.
Second, many jurisdictions have moved to force digital platforms like Google and Facebook to compensate news organisations for the use of their content.
IBA Annual Conference Miami 2022
May 11, 2018
Following Donald Trump’s shock victory in the 2016 US election, Russian interference has become a major focus. Special counsel Robert Mueller has already indicted 13 Russian nationals and three Russian entities for allegedly meddling in the election
Mar 29, 2023
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.
In 2020 Helle was appointed Co-Chair of The Oversight Board created to help Facebook answer some of the most difficult questions around freedom of expression online; as well as Chairman for the Danish Football Union’s Governance Committee.
IBA Annual Conference Paris 2023
Feb 17, 2023
This article will outline the development of China’s restrictions on the cross-border transfer of personal information (PI export), detailing PI export mechanisms provided by the Personal Information Protection Law. It will also explain the practical implications of the restrictions.
Regulating Internet and platforms around the world
Since Apple and Meta (aka Facebook) displaced legacy enterprises and Alphabet (aka Google) declared its victory against Yahoo, regulators waited for the day digital markets would correct themselves.
IBA Annual Conference Miami 2022
Dwindling public trust in how companies use consumer data is putting considerable pressure on companies to think strategically about managing data in a way that is both transparent and accountable. Recent data privacy scandals involving Facebook and Cambridge Analytica have only strengthened this resolve.
Jun 12, 2020
United States President Donald Trump’s headline-grabbing Executive Order on Preventing Online Censorship, which he signed on 28 May, is the latest development in his frequently fraught relationship with social media. It was sparked by Twitter’s decision to attach a ‘potentially misleading’ warning to one of his tweets about mail-in voting in the US.
Twitter announced in late October it was banning all political advertising, saying the reach of such messages ‘should be earned, not bought’. Google too has opted to disallow political advertisers from targeting voters based on their affiliation and to tighten its ban on ‘demonstrably false claims’.
Facebook meanwhile is facing increasingly fierce criticism for refusing to follow suit, particularly given the UK’s upcoming general election on 12 December.
Amid the tensions between leading digital platforms and traditional news businesses, the Australian government has produced a novel proposal to use competition law to require designated digital platforms – initially Google and Facebook – to compensate news media businesses for news content. This article explains the origins of the proposed News Media Bargaining Code and developments after the proposal, including reactions from digital platforms.
Mar 29, 2021
Journalism has been reshaped and – in the eyes of some – imperilled by the power of the tech giants in today’s world. Global Insight assesses how journalism can continue to perform its vital role in society as publishers, lawmakers, tech companies and regulators seek to mould its future.
The approach currently adopted by competition authorities around the world against so-called big tech hides two main risks, namely the delay in respect of innovation processes that may cause the actions undertaken turn out to be vain and the antitrust over-enforcement. This second feature, particularly, is strictly related to the position that enforcers are prone to adopt on competition law goals, which debate has massively re-emerged in the present context
Jul 17, 2025
The past few years have seen the emergence of section 19a of the Act against Restraints of Competition as a central instrument for Germany’s intervention in digital markets, with the German Federal Supreme Court (Bundesgerichtshof or BGH) upholding the German Federal Cartel Office’s (Bundeskartellamt) decisions. This national regime complements the harmonised European Union-wide regime introduced by the Digital Markets Act (DMA). The Bundeskartellamt remains at the forefront of digital platform regulation in Europe, serving as both an enforcer and a testing ground for innovative approaches. This article provides an overview of the evolving regulatory landscape, the interplay between German and EU law and recent enforcement actions against major digital platforms.
Jun 01, 2023
The dynamic nature of the digital environment with its lack of transparency and market complexity continues to challenge regulators, often making it difficult to detect issues and take enforcement action to deal with unfair trade practices, anti-competitive conduct and privacy and cybersecurity breaches.
Report on a session of the International Commerce and Distribution Committee at the IBA Digital Operations Conference in Hamburg, Thursday 14 November 2019.
Sep 28, 2023
Content moderators are vital to tech platforms, but critics claim these workers aren’t given the care they deserve. In Africa, the courts have taken notice.
The Australian Government has recently consulted on draft legislation, the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020 (draft Code). The draft Code requires designated digital platforms, initially only Google and Facebook, to negotiate with Australian media companies on a range of issues, including the question of payment for using a media company’s news content. If the negotiating is unsuccessful, this question of payment may be sent to compulsory arbitra
In March 2011, the International Bar Association (IBA)’s Legal Projects Team took up an important global initiative to examine the presence and role of online social networking within the legal profession and practice.
IBA Global Insight April/May 2018 - In February, Special Counsel Robert Mueller indicted 13 Russian nationals for conspiring to undermine US democracy, and many believe such meddling paved the way for the Trump administration – with its deregulatory agenda. Global Insight assesses whether it was electoral deregulation that cleared the way for Russian intervention.
IBA Global Insight June/July 2018 -Russian corruption: growing calls for tougher sanctions to combat ‘dirty’ money; The United Kingdom has long been recognised as a favoured destination for wealthy Russian investors, but the flow of ‘dirty money’ from Russia is tainting the country’s reputation. It is increasingly viewed as a safe haven for the Kremlin’s coffers, according to a recent report by the UK House of Commons’ Foreign Affairs Committee
Jun 03, 2021
The censoring of Trump by media platforms has prompted a focus on the roles of rights, algorithms and more.
Oct 12, 2021
In this article we look at the growth of data breach class actions in the UK and Europe following the coming into force of the General Data Protection Regulation (GDPR). We also consider regulatory activity in the data protection field and the links between investigations and recent class actions. Looking to the future we ask whether current trends are likely to continue, highlighting some powerful policy statements made by the English Court of Appeal in support of data breach class actions, and conclude with a few words on litigation funding and its role in facilitating these kinds of cases.
In the past two years, US companies have been forced to comply with sweeping new requirements to safeguard individuals’ personal data imposed by the EU’s General Data Protection Regulation and the California Consumer Privacy Act.
In a digitally connected world, where data flows across continents in the blink of an eye, protecting citizens’ data privacy has become integrated in most businesses’ crucial operations. It was not long ago that US companies saw privacy as a European obsession
Dec 21, 2023
India is increasingly becoming a key jurisdiction for foreign investment. To keep the momentum going, the Indian government has consistently attempted to keep the business environment friendly and less burdensome. This includes: a reduction in corporate tax rates; easing the liquidity problems of non-banking financial corporations and banks; foreign direct investment policy reforms; and easing compliance norms – all with the aim of promoting ‘ease of doing business in India’. After more than a decade, India’s competition law has recently been amended, bringing about key changes that will impact businesses. The 2023 Amendments to the Indian Competition Act 2002 (the Act) introduce changes that several antitrust jurisdictions are still considering. The 2023 Amendments are a mixed bag of changes: several are business friendly – such as commitments and settlements, expedited merger review timelines and introducing a leniency-plus regime – while others aim to achieve greater regulatory oversight and stricter enforcement, such as deal value thresholds, penalties on global turnover and increased liability for hubs in ‘hub-and-spoke’ cartels. The Competition Commission of India (CCI), the body entrusted with the responsibility to nurture and maintain well-functioning markets that facilitate the growth manifested by the Indian government, must adopt a balanced approach to ensure that competition enforcement does not get in the way of ‘economic growth’ as envisaged under the Preamble of the Act. This article examines the impact of the 2023 Amendments on the Indian market. In particular, the writers examine the CCI’s approach in adopting these tools and tailor it according to the requirements of the Indian economy.
In light of the Schrems II case (C-311/18) the ECJ’s Advocate General Saugmandsgaard Øe sees no reasons to declare decision 2010/87/EU on Standard Contractual Clauses (SCC) invalid. Companies can use this safeguard to justify international data transfers. The Advocate General argues that Data Protection Authorities (DPAs) can examine individual cases and take appropriate measures. However, this argumentation could lead to a DPA banning an international data transfer for reasons outside of the sphere
Even as the European Commission proposes a new regulatory landscape for cryptocurrencies, they remain a niche product – for now. Polly Botsford explores the concerns and legal questions that remain for digital currencies.
The United States Department of Justice (DoJ) announced on 24 July that it will conduct an antitrust review of search, social media and some retail services online – a group thought to include Amazon, Facebook and Google – to investigate whether their practices have ‘reduced competition, stifled innovation or otherwise harmed consumers’. The European Commission, meanwhile, launched on 17 July an antitrust investigation into Amazon over how the e-commerce company might be using sensitive commercial data
Mar 19, 2025
Global Insight assesses the movement away from a ‘world wide web’ towards national internets where the rules for content are widely different.
Feb 04, 2021
In September 2020, a father lodged a complaint in the United Kingdom High Court against social media platform YouTube’s parent company Google, alleging that the multinational company had collected children’s data without parental consent. In doing so, the claimant argues, the company has breached the UK’s Data Protection Act and the European Union’s General Data Protection Regulation (GDPR).
Oct 07, 2020
Welcome to the October/November 2020 edition of Global Insight.
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