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In its order of 2 February 2010, the Court of Bergamo dismissed the appeal lodged against the order entered by the Court for Preliminary Investigations of Bergamo on 1 August 2008, which imposed a ban on the Swedish BitTorrent website The Pirate Bay, whose owners are facing charges of aiding and abetting, on a profit-making basis, the illegal sharing of copyrighted material in breach of Law No. 633 of 22 April 1941. As per the Italian Code of Criminal Procedure, the Court of Bergamo was bound to apply the principles established by the Italian Court of Cassation in its judgment of 29 September 2009...

In a decision of 2 March 2010 on the implementation of the Data Retention Directive 2006/24/EC, the Bundesverfassungsgericht (Federal Constitutional Court - BVerfG) drew a temporary line under the debate on the constitutionality of the German implementing act. The judges considered that the provisions of Art. 113a(1) and 113b(1) of the Telekommunikationsgesetz (Telecommunications Act - TKG) and Art. 100g of the Strafprozessordnung (Code of Criminal Procedure - StPO) infringed the privacy of telecommunications enshrined in Art. 10(1) of the Grundgesetz (Basic Law - GG). They declared the provisions...

The European Data Protection Supervisor is the independent authority that monitors the practices of the European Union and advises on privacy and data protection-related matters. The supervisor was not officially consulted by the European Commission on the question of the future Anti-Counterfeiting Trade Agreement (ACTA), a treaty currently being negotiated by the European Union, the United States, Japan and a number of other countries, with a view to reinforcing the fight against the cross-border trade in counterfeit and pirated goods. Inevitably, negotiations on ACTA will have to take privacy...

On 1 March 2010, the Council of the European Union met in Brussels with the purpose of undertaking action against the pan-European problem of counterfeiting and piracy. In 2007, a Directive to this effect stalled, due to a critical report by the European Parliament’s Economic and Social Committee. By means of this Resolution of the Competitiveness Council, which forms part of the EU Council of Ministers, the initiative has been taken for new European legislation criminalising intellectual property law infringement. The Council emphasises the importance of the enforcement of intellectual property...

The rapid growth of the market for mobile content services, such as weather and news reports, has brought with it an opportunity for mobile operators to sell personal data to content providers. In a joint project, the Swedish Data Inspection Board (DIB) and the Swedish Post and Telecom Agency (PTS) have reviewed how personal data is handled in mobile content services. One of the project’s findings was that many stakeholders in the market have different opinions on what rules apply to their activities, leading to an uncertain situation as to who is responsible for the processing of the personal...