For the first time following a full trial, the English High Court in D’Aloia v Persons Unknown, Bitkub and others [2024] EWHC 2342 (Ch) has confirmed that cryptocurrency, specifically USD Tether (USDT), can be traced and can constitute property under English law. The court also made observations as to key legal and evidential links needed…

Read More… from High Court considers cryptocurrency status in English law and key aspects of cryptocurrency fraud claims

James Gill and Fiona Vickerstaff of Lewis Silkin summarise a recent case on the legal status of software as a service. Those of us working in the tech space will remember the relatively recent case of The Software Incubator Ltd v Computer Associates UK Ltd in which the CJEU decided that a perpetual licence to use software constituted…

Read More… from The return of the great SaaS debate: is it goods or services?

The European Commission has published the findings of the Digital Fairness Fitness Check, which assessed if current EU consumer protection laws are fit for purpose to ensure a high level of protection in the digital environment. The Fitness Check covered three core Directives: the Unfair Commercial Practices Directive, the Consumer Rights Directive, and the Unfair…

Read More… from European Commission publishes results of Digital Fairness Fitness Check

The long-awaited Procurement Act is scheduled to come into force in February next year promising a more flexible regime. Professor Albert Sanchez-Graells picks out some of the challenges it will pose for those working in public-sector procurement.  After a recently announced 4-month delay to its ‘go live’ date, the Procurement Act 2023 is now due…

Read More… from The Procurement Act 2023 and its implications for tech procurement

CJEU upholds General Court decision in Google Shopping case The Court of Justice of the EU has ruled in Case C-48/22 P | Google and Alphabet v Commission (Google Shopping). It upheld the fine of €2.4 billion that the European Commission had imposed on Google for abusing its dominant position by favouring its own comparison…

Read More… from Google fined 2.4bn euros for preferring its own comparison shopping service

Advocate General Medina has issued an opinion in Case C-233/23 | Alphabet e.a. Google is the author and developer of Android OS, an open-source operating system for Android mobile devices. In 2015, Google launched Android Auto, an app for mobile devices with an Android operating system that enables users to access certain apps on their…

Read More… from Advocate General says Google’s refusal to provide third-party access to Android Auto platform may breach competition laws

The Competition and Markets Authority has provisionally found that Google is using anti-competitive practices in open-display ad tech, which it believes could be harming thousands of UK publishers and advertisers. In its 2019 market study into digital advertising, the CMA found that advertisers were spending around £1.8 billion annually on open-display ads, marketing goods and…

Read More… from CMA objects to Google’s ad tech practices in bid to help UK advertisers and publishers