European Court of Justice Stories July 31, 2015

Google has appealed against France’s order that it must implement ‘Right to be forgotten‘ requests globally, rather than just within Europe, reports the WSJ. The company argued in a blog post that to comply would mean the Internet would only be as free as the least free country in the world …  expand full story

European Court of Justice Stories July 11, 2015

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A report published recently states that, since the ‘right to be forgotten‘ act was passed in the EU in May 2014, Google has received request from more than 280,000 people to remove over 1 million links to pages.

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European Court of Justice Stories March 5, 2015

EU court says ebooks aren’t books, must be subject to higher tax rates

Europe’s top court has declared that ebooks are ‘services’ rather than books, and that European countries are not allowed to give them the same favorable tax treatment as paper books. The reasoning, such as it is, is that ebooks cannot be used without a physical device, and ebooks are a service provided to those devices.

Both France and Luxembourg have applied to ebooks the same reduced rate of VAT (sales tax) enjoyed by books made from crushed trees. The WSJ reports that the EU has ruled that this is illegal.

Since 2012, France has applied a 5.5% VAT rate and Luxembourg a 3% VAT rate on e-books, the same rate as for paper books. The European Court of Justice said both countries must apply their normal VAT rate, which for France is 20% and for Luxembourg is 17%.

Europe already closed one ebook-related tax loophole: Amazon used to use its Luxembourg base as a reason to charge just 3% on ebook sales throughout Europe, but a change in the law forced it to apply the VAT rate applicable to the customer’s own country.

There is some small hope that sanity may prevail in future. The European Commission has said that there may be legal mechanisms through which countries can in future define their own policies, with an “extensive overhaul” of VAT rules to be completed next year. However, don’t be surprised if ‘harmonization’ of tax rates for paper and digital books results in higher taxes on the former to pay for lower taxes on the latter …

Via Engadget

European Court of Justice Stories December 1, 2014

More than six months after handing down its controversial ‘right to be forgotten‘ ruling, in which individuals in Europe have the right to have ‘inaccurate, outdated or irrelevant’ links deleted from search engine results, the European Court of Justice has finally published guidelines on how the ruling should be applied.

While the guidelines acknowledge the need to balance the rights of the individual against the public interest, the specifics are best described as vague …  expand full story

European Court of Justice Stories November 17, 2014

Europe’s controversial ‘right to be forgotten‘ ruling, giving individuals the right to have sensitive information about them removed from search engines if it is deemed to be ‘out-dated or irrelevant,’ could extend beyond Europe following a recent court ruling.

Google has so far been removing links only from its European sites, for example google.fr in France and google.co.uk in the UK. However, a French court has now ruled that Google is required to remove links globally, and that local subsidiaries can be fined if the company fails to do so, reports the Guardian …  expand full story

European Court of Justice Stories July 30, 2014

And so the saga continues … In the short time since the EU ruled that individuals have the right to be forgotten when sensitive information found in search results is considered “outdated or irrelevant,” we’ve seen what is probably best described as the makings of a damn good sitcom. (Note to networks: if you make it, I want my ten percent.)

We first had the amusement of deleted links being reported by the media, bringing the stories back into the limelight. We then had Google describing the impossible position in which it has been placed, being asked to make “difficult and debatable judgements” based on “very vague and subjective tests.”

This was followed by the EU rapping Google’s knuckles for doing it wrong, and we now have a bipartisan British governmental committee disagreeing with the EU and agreeing with Google that it is being asked to “enforce the impossible” …  expand full story

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