In principle, the same rules apply to the internet as everywhere: so what applies offline applies also online. In fact, copyright is not regulated differently on the internet than in offline trade. In other words, there is no internet law. However, different laws apply to the internet or e-commerce.

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Laws

However, there are some laws that specifically refer to the internet or e-commerce (such as the Distance Selling Act). There are also regulations that are of great importance on the internet, such as the Personal Data Protection Act and the General Data Protection Regulation (GDPR) (privacy), the Copyright Act, license law and various other laws and regulations. 

Intellectual Property Rights

With the advent of the internet, enforcement of intellectual property rights has become more important. Think of large-scale piracy via websites and software such as The Pirate Bay, KaZaA, Mininova, Kickass Torrents, Popcorn Time, etc. Infringement of trademark rights, unlawful comparative advertising via AdWords and other advertising services also fall within the category of internet law.

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Property Law

In addition, property law has some special rules for internet matters. This includes the conclusion of online agreements, (applicability of) general terms and conditions on a website, the digital signature, payment with bitcoins, information obligations for website holders, the liability of intermediaries and the status of domain names.

Privacy Law

Privacy law, telecommunication law and other administrative laws also regulate various matters in the context of internet law. So this is, for example, the prohibition of sending spam, the rules for the use of cookies, the call-me-not register, the retention obligation, rules for online gambling, and of course under which circumstances the processing of personal data is permitted or not.

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Tort Law

Internet law can also be found in criminal law. Think of cybercrime, hacking (in the sense of computer trespass), online libel and slander, virtual child pornography, online trafficking in prohibited weapons or narcotics and so on.

All these topics, along with many more other topics related to the online world and law, form internet law.

Internet Companies

Internet law also includes other laws and regulations that apply not so much to e-commerce and similar areas, but rather to internet companies. Just to mention a few topics: corporate law, privacy legislation on the internet, labour law, ICT contracts, hosting agreements, cloud computing, electronic communication, eGovernment, cybersecurity, the use of social media, the right to freedom of expression, right to property, right to protection of honour and reputation, right to privacy and the right to protection of privacy. 

In short: “Internet law” actually covers our entire (business) life. Both online and beyond.

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Internet Law Jurist

Internet law, however, differs from “normal” law in that it is somehow related to the internet. For example, an internet lawyer differs from a “normal” lawyer or jurist. This is because an internet lawyer also knows what is going on, both with regard to the internet and related areas and with regard to the applicable law.

Internet lawyers, like internet law, also come in various shapes and sizes. A lawyer or jurist specialized in internet law can only deal with contracts, with advice, or with dispute resolution, or with all these aspects. He or she can only specialize in one or more areas of law (such as intellectual property or privacy law), or be a “generalist” and do a little bit of everything. In addition, one lawyer only handles consumer cases, and the other only deals with companies or organizations (and sometimes only SMEs or multinationals), or the lawyer serves them all. Nevertheless, all these categories fit within internet law.

LAWFOX’s lawyers have focused on dispute resolution within internet law, particularly with regard to property disputes such as contracts between ICT suppliers and customers; assignment contracts with regard to the development of software or websites; online copyright; online trademark law; online trade name law; domain name law and online privacy law. LAWFOX’s internet lawyers work for companies or organizations – from one-man businesses to multinationals.

Examples of Cases handled

Below you can find a list of example cases that we handled in connection to the field of internet law:

  • dissolving agreements as a result of unsuccessful automation of business operations;
  • termination of contracts following a failed migration of an ICT infrastructure;
  • to claim damages for breaches of IT projects;
  • claiming cancellation of an agreement, and disadvantage compensation, due to error of a foundation in the development of a website;
  • enforcing open source licenses on software plugins (CMS extensions);
  • seize a batch of clothing from an e-commerce party that infringed the trademark rights of a clothing manufacturer;
  • demanding the transfer of a domain name that has infringed trade name rights;
  • recovering damages in connection with a hack from a telecom provider;
  • claiming fulfilment of unpaid invoices for a cloud provider;
  • handling notice and takedown requests for an internet intermediary.

Contact

LAWFOX’s lawyers are happy to assist you. We have a team available for you that is glad to help with all your questions about internet law.

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