[{"description":"By: Susannah Tredwell , Manager of Library Services at DLA Piper (Canada) LLP and James Bachmann , Instructional Librarian, Law Library, University of British Columbia Since 1988, when CALL/ACBD’s Copyright Committee was first set up, CALL/ACBD has advocated for its members' interests in the area of copyright. While the primary focus of CALL/ACBD’s copyright advocacy over the last few years has been on Crown copyright and primary law, CALL/ACBD has also made submissions about such areas as fair dealing and licencing. CALL/ACBD sees this work as not only supporting the needs of its members but also as serving the interests of access to justice as a whole. Continuing this work, on January 18, 2022 CALL/ACBD, along with Library Futures Institute, will act as an intervener in the Supreme Court of Canada case Society of Composers, Authors and Music Publishers of Canada, et al. v. Entertainment Software Association, et al.   Kim Nayyer, CALL/ACBD’s President, and Robert Janes of JFK Law   will be representing CALL/ACBD and Library Futures. This case addresses the question of how the concepts of “communication to the public by telecommunication” and “making available on demand” as used in the Copyright Act should be understood. The outcome of this case has the potential to significantly impact various library activities, including controlled digital lending and possibly even the simple use of hyperlinks, particularly in light of the limited scope of current library and education exceptions in the Copyright Act . CALL/ACBD's submitted that the court refrain from broadly construing the terms “making available” and “Communication to the Public by Telecommunication” and that s. 2.4(1.1) of the act (\"Communication to the public by telecommunication\")   does not need to be understood as creating a new right.   You can find CALL/ACBD’s intervener's factum at https://www.scc-csc.ca/WebDocuments-DocumentsWeb/39418/FM050_Intervener_Canadian-Association-Law-Libraries-et-al.pdf . The other factums in this case are available at https://www.scc-csc.ca/case-dossier/info/af-ma-eng.aspx?cas=39418 .  CALL/ACBD has acted as an intervener at the Supreme Court of Canada on two other occasions. In Keatley Surveying Ltd. v. Teranet Inc. , which looked at Crown copyright, CALL/ACBD submitted   that “s. 12 Crown copyright does not extend to primary sources of law”. In York University v. Canadian Copyright Licensing Agency  (\"Access Copyright\"), CALL/ACBD submitted   that the SCC “should resist the temptation to modify or clarify the existing fair dealing test” stating that the existing test “is a flexible multifactorial test that allows libraries (and other institutions) to tailor access and appropriate copying policies that consider all relevant circumstances.” CALL/ACBD also made submissions to the 2018 review of the Copyright Act , R.S.C. 1985, c. C-42: one general submission   and <a","titre":"Canadian Association of Law Libraries Intervention in Upcoming Supreme Court of Canada Copyright Case","id":3241460,"pubDate":"Mon, 26 Oct 2026 07:55:47 +0100","source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog","url":"https://www.callacbd.ca/CALL-Blog/12242053"},{"url":"https://hdl.handle.net/1866/46835","source":"Faculté de droit Travaux récents","id":3237215,"pubDate":"Fri, 23 Oct 2026 14:09:24 +0200","titre":"L’esthétique transductive de Gilbert Simondon. Vers une éthique de la culture","description":"dc.contributor.author: Forget, Marilou dc.date.issued: 2026-10 dc.description.abstract: Gilbert Simondon est connu pour la richesse de ses réflexions sur l’individuation et la technique, mais de nombreuses facettes de son œuvre demeurent à explorer – en particulier sa pensée esthétique. Notre recherche a pour but de mettre en lumière cette dimension de la philosophie simondonienne, qui parcourt en filigrane l’ensemble de son œuvre. Les deux premiers chapitres du présent mémoire portent sur la théorie de l’individuation présentée dans L’individuation à la lumière des notions de forme et d’information, et sur la place discrète mais cruciale qu’y tient la notion d’« esthétisme ». Le troisième chapitre s’intéresse à la place de l’esthétique au sein du devenir des phases de la pensée, dont la description occupe la troisième partie de Du mode d’existence des objets techniques. Le quatrième chapitre aborde l’expérience esthétique à l’aune des cours de psychologie de Simondon, en particulier par rapport à sa théorie de l’imagination et de l’invention. Finalement, le cinquième chapitre tente une explicitation du sens axiontologique de l’esthétique simondonienne et de ses résonances actuelles, au prisme de la notion de techno-esthétique. Il apparaîtra que la question esthétique s’articule étroitement à celle du devenir de la culture.; Gilbert Simondon is known for the depth of his insights on individuation and technics, but numerous aspects of his work are still to be explored – notably his aesthetic thought. Our research aims to shed light on this dimension of simondonian philosphy, which implicitly goes through his work. The first two chapters touch upon the theory of individuation laid out in Individuation in Light of Notions of Form and Information, as well as the crucial albeit subtle role held by the concept of « aesthetism ». The third chapter looks into the place of aesthetics in the becoming of thought, described in the third part of On the Mode of Existence of Technical Objects. The fourth chapter adresses the aesthetic experience in Simondon’s psychology courses, mainly with regard to his theory of imagination and invention. Lastly, the fifth chapter attempts an explanation of the axiontological meaning of simondonian aesthetics, and of its current resonance, through the concept of techno-aesthetics. Our research will show how aesthetics is linked to the becoming of culture. dc.type: Thèse ou mémoire / Thesis or Dissertation etd.degree.discipline:"},{"titre":"Opinion of 27 July 2026 on the amendment of the terms of reference and specifications of the national programme companies France Télévisions, Radio France and France Médias Monde","id":3233315,"pubDate":"Thu, 22 Oct 2026 08:04:53 +0200","description":"The French regulatory authority for audiovisual and digital communication (hereinafter ‘Arcom’), Having regard to Act No. 86-1067 of 30 September 1986, as amended, on freedom of communication, in particular Articles 3-1 and 48 thereof; Having regard to the Decree of 13 November 1987, as amended, approving the terms of reference and specifications of Radio France and the National Audiovisual Institute; Having regard to Decree No. 2009-79 of 23 June 2009, as amended, laying down the terms of reference for the national broadcaster France Télévisions; Having regard to Decree No. 2012-85 of 25 January 2012, as amended, laying down the terms of reference of the national broadcasting organisation responsible for France’s international audiovisual services (France Médias Monde); Having regard to the submission of a case before the court on 20 July 2026 concerning a draft decree amending the terms of reference and specifications of the national broadcasting organisations; Having deliberated on 27 July 2026, issues the following opinion: By letter dated 20 July 2026, the Government referred to Arcom a draft amendment to the decrees approving the terms of reference and conditions of France Télévisions, Radio France and the company responsible for France’s audiovisual services (France Médias Monde). These amendments are intended, in particular, to implement notices Nos. 1 to 4, 6 to 9 and 14 of the remit entrusted to Mr Bruno Lasserre, Honorary Vice-President of the Council of State, concerning the impartiality of the audiovisuel public service broadcasting, the conclusions of which were made public on 29 May 2026. In this regard, ARCOM welcomes the swift implementation of the proposals in the Lasserre report falling within its regulatory remit. The draft legislation submitted for its consideration makes it possible, in particular, to better define the scope of the requirement for impartiality and to enshrine it explicitly in the legislation setting out the obligations of public service broadcasters in the audiovisual sector. These new requirements will, however, necessitate the allocation of dedicated means, in particular to deal with the submission of cases before the court and to improve the functioning of the committees on integrity, independence and plurality of information and programmes (CHIPIP). The draft decree also summons ARCOM to make the following comments. I. – Provisions relating to the impartiality of public audiovisuel broadcasting Clarification of the requirement for impartiality and the obligations arising therefrom The draft decree clarifies the requirement for ‘impartiality in the public audiovisual industry’ set out in Article 3-1 of the Act of 30 September 1986, which is defined as ‘ an essential condition for building the necessary trust between the public, in all its diversity, and the public service, a common good that belongs to all”, implying “a duty to set an example in terms of transparency and honesty in reporting, as well as respect for the plurality of schools of thought and opinion ’ without hindering ‘the definition of an editorial line which, whilst implementing these principles, sets the services offered by the company apart’. The draft decree echoes the wording of the first notice of the Lasserre report and specifies in this regard that the requirement is to be assessed in a manner proportionate to the nature and format of the programmes and entails: the adoption, by each national broadcaster, of an editorial charter setting out the ethical rules applicable to news and the programmes that contribute to it; the establishment of proceedings for handling complaints regarding compliance with the charter; the publication of an annual report on the public’s perception of the impartiality of the services provided by the aforementioned broadcasters. As part of the monitoring of compliance with the terms of reference and specifications, Arcom, which is legally responsible for","source":"Arcom Textes juridiques","url":"https://www.arcom.fr/en/find-out-more/legal-area/legal-resources/opinion-27-july-2026-amendment-terms-reference-and-specifications-national-programme-companies-france-televisions-radio-france-and-france-medias-monde"},{"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2017/10/clothes-look-rn-database-qa-ftc-staff","description":"A clothes look at the RN database: Q&A with FTC staff lfair October 5, 2017 | 11:18AM A clothes look at the RN database: Q&A with FTC staff By Lesley Fair It’s not much bigger than a postage stamp, but the label on many textile, wool, and fur products provides important information, including fiber content, country of origin, and a company name or Registered Identification Number (RN). The FTC administers the RN system and industry members will want to check out recent upgrades to the RN website . With RNs and labels on our mind, we asked some common RN-related questions to attorney Josh Millard, whom we’d label as one of the FTC’s go-to people on the subject. First things first. What’s an RN? JOSH:   A Registered Identification Number (RN) is a numerical designation – the prefix RN followed by a set of digits – that identifies the company responsible for marketing, distributing or otherwise handling a product covered by the Textile, Wool, and Fur Acts.  Because some labels are small and some company names are long, the law allows U.S.-based businesses to use an RN as a “shorthand” identification. We think the upgrades to the RN website will make it even easier for businesses to use. How do I get an RN for my company? JOSH:   Apply online. FTC staff will review your application and email you typically within 1-3 business days. As soon as your application has been approved, you’ll receive your RN.  How much does it cost to get an RN? JOSH:   There’s no charge. Is it mandatory that companies use an RN on labels? JOSH:   No, you don’t have to use an RN. It’s perfectly acceptable to include your company name instead, but many companies prefer to use an RN because it takes up less space. The RN system has other benefits, too. For example, it lets people identify your business easily through the RN Search screen . Consumers or other industry members can type in the number and readily find your business. Our company doesn’t reside in the United States.  Can we get an RN? JOSH:   Only U.S.-based businesses can get an RN. If your foreign company manufactures or is involved in the advertising, distribution, or sale of a product covered by the Textile, Wool, and Fur Acts, put the company name on the label instead of an RN. Alternatively, you can label the product with the RN or business name of a U.S. company directly involved with importing, distributing, or selling the product when that’s the case. Going through our records we found we have multiple RNs.  Is that a problem? JOSH:   It’s not prohibited, but we no longer issue multiple RNs to a single company and encourage companies to cancel any extra RNs to simplify recordkeeping. Our headquarters has moved since we applied for an RN.  Do we need to update our application? JOSH:   Yes. If there has been a change to your business name, address, or legal status, please update the information in your RN registration.  An RN can be cancelled if a business doesn’t keep its information up to date, so it’s wise to check. The good news is that the upgraded RN website makes that easier to do. What if we choose to use a company name on the label, rather than an RN? JOSH:   You must include the full name your company uses to do business – in other words, the name that appears on documents like purchase orders or invoices. It can’t be a trademark, trade name, brand, or designer name unless that’s also the name under which your company does business. What kind of guidance does the FTC have for industry members? JOSH:  Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts is a great place to start, and the FTC’s Clothing and Textiles page includes links to brochures, cases, workshops and other compliance resources.","titre":"A clothes look at the RN database: Q&A with FTC staff","id":3201873,"pubDate":"Wed, 07 Oct 2026 14:05:06 +0200"},{"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2011/04/ftcs-google-settlement-whats-buzz","description":"The FTC's Google settlement: What's the buzz? wfg-adm109 April 1, 2011 | 4:28PM The FTC's Google settlement: What's the buzz? By Lesley Fair “Sweet!  Check out Buzz.” “Nah, go to my inbox.” That was the intriguing choice facing Gmail users last year when Google launched Google Buzz, its social network. But according to a settlement announced this week by the FTC, the company violated the privacy promises it made to Gmail users and used deceptive tactics in the Buzz rollout. The story starts with Google’s privacy policy. From October 2004 until October 2010, Gmail users were told, \"Gmail stores, processes and maintains your messages, contact lists and other data related to your account in order to provide service to you.\"  On the subject of the choices users had about the use of their personal information in all of Google’s products, including Gmail, the privacy policy said, \"When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.\"  According to the FTC, statements like that conveyed that Google would use information from people signing up for Gmail only for the purpose of providing them with email service and that Google would ask for their consent before using their info for any other purpose. So far, so good. But then came the roll-out of Google Buzz. The service allows users to share updates, comments, pictures, videos, and the like through “buzzes” made either publicly or privately to individuals or groups of users. When Buzz was launched, Gmail users were taken to a welcome screen that announced the new service and presented the “Sweet!” or “Nah” choice. If users clicked “Nah,” the FTC complaint alleges that their info was nonetheless shared in a number of ways. First, the user could still be “followed” by Gmail users who enrolled in Buzz. Second, if the Gmail user had previously created a Google profile, he or she could appear on the public Google profiles of Buzz enrollees who were following them. Third, a link to Buzz would show up on the list of links on the user’s Gmail page. If the user clicked on that link, he or she would be taken to the Buzz welcome screen and would be automatically enrolled in Buzz without any disclosure of that fact. In other words, users would be enrolled in certain features of Buzz even if they didn’t sign up. So much for “Nah.” The FTC’s complaint alleges that despite what it said in its privacy policy, Google didn’t use information from people signing up for Gmail just for the purpose of providing email service. Rather, the company used it to populate Buzz. Thus, said the FTC, the representations in Google’s privacy policy were false or misleading. Furthermore, the agency alleged that despite the promise in its privacy policy that Google would ask for consumers’ consent before using their information for another purpose, Google went ahead and used it to populate its social network without getting their permission. The FTC charged that was false or misleading and constituted a deceptive practice. The next part of the story:   The not-so-sweet results when users clicked the “Sweet!”","titre":"The FTC's Google settlement: What's the buzz?","id":3200009,"pubDate":"Tue, 06 Oct 2026 14:06:39 +0200"},{"url":"https://www.ftc.gov/business-guidance/blog/2018/11/planning-social-media-marketing-campaign-read-first","source":"FTC USA Business Blog Posts","description":"Planning a social media marketing campaign? Read this first. lfair November 13, 2018 | 12:24PM Planning a social media marketing campaign? Read this first. By Lesley Fair It started as one of those “run it up the flagpole” ideas to enlist big-name gymnasts to promote a brand of mosquito repellent just as news stories about the 2016 Brazil Olympics were sounding warnings about the Zika virus. Public relations firm Creaxion Corporation and specialty sports magazine publisher Inside Publications used a variety of digital strategies on behalf of the brand: athlete endorsements, social media posts, “advertorials,” and consumer reviews. But according to the FTC’s complaint , their efforts violated established FTC advertising principles. Which of those strategies are you using? And are you avoiding legal pitfalls by making appropriate disclosures? Creaxion – an Atlanta-based marketing and PR company – was approached by client HealthPro Brands to help launch its mosquito repellent. They agreed Creaxion would produce a “strategic media relations campaign” that would be “tied to the worldwide outbreak of the Zika Virus.” Creaxion then contacted Inside Publications, publisher of magazines like Inside Volleyball , Inside Cheerleading , and Inside Gymnastics , to broker a partnership with HealthPro. You’ll want to read the complaint for details about the “Social and Digital Media Activation and Athlete Engagement” agreement between HealthPro and Inside Publications, but here are some of the things HealthPro paid for: endorsements by leading gymnasts, magazine “articles” featuring the repellent, the product’s placement in “Good Luck” gift baskets from Inside Gymnastics to top U.S. gymnasts, and social media posts touting the product by Inside Publications and athlete endorsers. According to the complaint, Creaxion president Mark Pettit acted as an intermediary between Inside Publications and HealthPro. Ultimately, 2004 Olympic gold medal gymnast Carly Patterson Caldwell agreed to become a paid spokesperson. She received several thousand dollars for social media posts and an Inside Gymnastics advertorial. (She decided not to attend the Brazil Olympics because of her concerns about Zika.) Olympic gold medal gymnast Jake Dalton also signed on and was paid for promoting the repellent to his fans and followers. The two gymnasts posted endorsements of the repellent on social media without disclosing their paid promotional relationship. For example, Ms. Patterson Caldwell said on Facebook, “I was definitely bummed to have to make the decision to not go to Rio for the summer Olympics because of the threat of the Zika virus, but working on starting a family and being safe and protecting myself was way more important to my husband and me! I am so thankful to have found a safe and organic product (FIT Organic) that will ease my worries as mosquito season approaches.” Similarly, Mr. Dalton posted on Twitter, “Getting Rio Ready! Not worried about Zika. Fit Organic has my back and body covered. Love the Fit mosquito repellent.” Inside Publications also posted and reposted statements on social media about the repellent, primarily through its Inside Gymnastics account, including some featuring Patterson Caldwell and Dalton. According to the complaint, Inside Publications didn’t disclose the spokespersons’ paid promotional relationships with HealthPro or that its own posts were paid ads. Nor did it disclose that the “Caring for Carly,” “The latest on Zika” and “Move Over Mosquitos” articles were really paid ads. The FTC also says Creaxion conducted an online consumer review program that reimbursed Creaxion employees and “friends” for buying FIT repellent and reviewing the product online without disclosing their affiliation with the brand. The complaint charges that the gymnasts’ statements about the repellent were falsely represented as the","id":3199074,"pubDate":"Tue, 06 Oct 2026 08:06:23 +0200","titre":"Planning a social media marketing campaign? Read this first."},{"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2014/04/keep-fcra-foreground-when-subject-background-screening","titre":"Keep FCRA in the foreground when the subject is background screening","id":3198181,"pubDate":"Mon, 05 Oct 2026 14:07:46 +0200","description":"Keep FCRA in the foreground when the subject is background screening chundycz April 9, 2014 | 12:13AM Keep FCRA in the foreground when the subject is background screening By Lesley Fair When the talk turns to Big Data, part of the conversation is about all the public information available about people's lives – and how companies market it to prospective employers, landlords, etc.  Two cases just announced by the FTC  serve as a cautionary reminder to members of the industry that what they do may be subject to the long-standing consumer protections of the  Fair Credit Reporting Act (FCRA) .  InfoTrack, an Illinois company, and San Diego-based Instant Checkmate will be paying civil penalties to settle FTC lawsuits that they violated the FCRA.  Is it time for an FCRA refresher at your business? Instant Checkmate marketed its reports as a way for prospective employers and landlords to investigate applicants.  For example, the company advertised that one of the “GOOD REASONS to get instant criminal checks on anyone right now” was to “check out tenants before they rent.”  It also used a Google Ad Words campaign to make sure its site appeared when people searched for background checks on nannies, babysitters, maids, and housekeepers.  What kind of information would buyers get?  Current and previous addresses, birth certificates, arrest histories, and marriage and divorce records, to name just a few examples. InfoTrack offered similar services to employers nationwide, including background screening reports with people’s driving records, education and employment information, criminal histories, and even records from sex offender registries. How does the FCRA come in?  The law defines a “consumer report” as a “communication of any information” by a consumer reporting agency (CRA) that bears on a person’s “credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living” which is used (or expected to be used) as a factor in establishing their eligibility for credit, insurance, employment, or other reasons outlined in the law. According to the FTC, what Instant Checkmate and InfoTrack were doing triggered the FCRA.  For example, companies covered by the law must follow procedures to assure their reports are as accurate as possible, must take steps to see that those using their reports have permissible purposes for accessing them, and must provide required User Notices explaining key protections for consumers.  The law imposes special requirements when CRAs provide reports containing public record information that could have an adverse effect on a person’s ability to get a job.  In that case, the CRA must either: 1) notify the consumer that it’s reporting the information in the public record; or 2) maintain “strict procedures” – that’s the language in the law – designed to ensure the reported public information is complete and up to date. You’ll want to read the complaints for specifics of where the FTC says the companies fell short, but one example cited in the lawsuit against InfoTrack offers an object lesson on why FCRA protections are so important to consumers – and how the consequences can be devastating when companies don’t live up to the law.  According to the FTC, the reports InfoTrack provided to prospective employers included information about whether a job applicant was on the National Sex Offender Registry.  The employer would provide the first and last name and the date of birth to help InfoTrack with its search.  The problem was that before the fall of 2011, no date of birth was available for many names on the Registry.  If InfoTrack’s search found more than one person with the same first and last name, it reported a “possible match” to employers and gave them reports that included several different people with the"},{"description":"First INFORM Consumers Act enforcement case filed against online marketplace Temu kkrown September 5, 2025 | 10:00AM First INFORM Consumers Act enforcement case filed against online marketplace Temu Online marketplaces and third party sellers looking for a refresher on the INFORM Consumers Act should look no further than the recent settlement with Whaleco, Inc., which operates the online marketplace Temu. The complaint alleges the company failed to provide online shoppers with required information and tools. This is the first case brought to enforce the INFORM Act. The INFORM Act, which went into effect in 2023, seeks to make online transactions more transparent. Among other things, the law requires online marketplaces to collect, verify, and disclose certain information about high-volume third party sellers. ( Informing Businesses about the INFORM Consumers Act  has more on how the law defines terms, what’s required of online marketplaces, and the substantial penalties the FTC and state law enforcers may seek if online marketplaces violate the law.) In 2022, Temu launched its online marketplace in the United States, where consumers can view product listings on Temu’s homepage, through search results, and in gamified shopping experiences on the platform. According to the complaint, Temu violated the INFORM Act by failing to offer a mechanism for consumers to report suspicious activity — electronically and by phone — on the gamified product listings of many high-volume third party sellers and by failing to offer a telephonic mechanism on non-gamified product listings. The complaint also alleges that Temu did not post required identifying information about sellers on its gamified product listings or mobile site, and that Temu’s disclosures, when made, were difficult to find. According to the settlement, Temu will pay a $2 million civil penalty, provide a telephonic mechanism for consumers to report suspicious activity on listings, and make other required disclosures. Is your business covered by the INFORM Act? Make sure you:  Review the provisions of the INFORM Act thoroughly . Make sure you fully understand — and have measures in place to comply with — each of its requirements. Make required disclosures easy for consumers to notice . Required disclosures should stand out from any surrounding material and use plain language. Minimize or eliminate steps consumers need to take to reach required disclosures. Ensure required disclosures are available across all iterations of your platform . The INFORM Act mandates disclosures on all interfaces with product listings. And as your platforms evolve, regularly assess and update your compliance efforts. If your business sells through online platforms, check out  What Third Party Sellers Need to Know About the INFORM Consumers Act . This covers what sellers are impacted by the INFORM Act, what you can expect online platforms to require of you, and what information platforms must disclose about you to consumers. It also answers some questions you may have about the law. And if you spot a violation of the INFORM Act, r­eport it to the FTC using this  dedicated link","pubDate":"Mon, 05 Oct 2026 14:07:45 +0200","id":3198178,"titre":"First INFORM Consumers Act enforcement case filed against online marketplace Temu","url":"https://www.ftc.gov/business-guidance/blog/2025/09/first-inform-consumers-act-enforcement-case-filed-against-online-marketplace-temu","source":"FTC USA Business Blog Posts"},{"titre":"FTC challenges Online Trading Academy’s money-making claims","id":3197414,"pubDate":"Mon, 05 Oct 2026 08:07:09 +0200","description":"FTC challenges Online Trading Academy’s money-making claims lfair February 12, 2020 | 4:35PM FTC challenges Online Trading Academy’s money-making claims By Lesley Fair Ads for health products often target Boomer Consumers, but those aren’t the only claims pitched to people looking toward retirement. An FTC action alleges a company called Online Trading Academy has taken in more than $370 million by gearing its deceptive representations to that demographic. In addition, the complaint alleges violations of the Consumer Review Fairness Act. According to the FTC, the California-based operation, related companies, and three individual defendants advertise a “patented strategy” that consumers can apply “to any asset class including stocks, options, futures and currencies” to rake in big money. They claim their “training programs” – with price tags as high as $50,000 – will teach consumers how to “invest like the pros on Wall Street.” ”No matter your experience and goals,” people were told the defendants’ “proven” strategy was “designed to make money in any market, whether it’s going up or down.” The complaint recounts the process the defendants use to attract consumers through TV and radio ads, online promotions, and direct mail. First comes an in-person “preview” seminar. Next, people pay $299 for a three-day “orientation.” That’s where the defendants urge attendees to sign up for seminars costing thousands more. The defendants assign each attendee an “Education Counselor” – a/k/a salesperson working on commission – who follows up by phone or email. According to the complaint, the defendants train their Education Counselors not to “look like, act like or sound like, a traditional salesperson,” but instead to take on a “role” and lead consumers through “The Pain Funnel,” Q&A designed to overcome consumer qualms. To get people to sign up for more seminars, the defendants routinely offer to finance all or part of the cost with loans at 18%, with the promise to forgive the interest if the consumer pays the total off within six months. The FTC says that in some instances, the defendants lead buyers to believe they’ll be able to repay the loan quickly with money they’ll make using that “patented strategy.” So how much does Online Trading Academy say consumers will earn? A central theme of their pitch is “You don’t have to work on Wall Street to make money like Wall Street.” Infomercials feature purchasers claiming that “in three hours I made $12,000” or “I made $32,000 in less than seven trading days.” In a YouTube video, a retiree says he made “$40,000 in a single trade.” In addition, a speaker at a live event claimed consumers “could potentially make $50,000 of annual income with an account size as low as $5,000” because Online Trading Academy has “a patent on the fact that you can time the markets,” which “gives us the ability to know when to get in and when to get out, long-term and short-term.” Other speakers – including some of the named defendants – paint a picture of lavish lifestyles filled with international travel, a “super luxury car” every year, and homes in areas where kids have “live-in nannies, cooks, gardeners.” One speaker said the money he made using Online Trading Academy’s strategy allows him to live in an enclave so exclusive that a neighbor, a renowned Olympic gold medalist, taught his daughter to swim. But the facts paint a different picture. The FTC alleges the defendants don’t systematically collect data sufficient to substantiate their earnings claims. But even the evidence they do have gave them good reason to know their representations are deceptive. For starters, according to the FTC, the defendants know that few consumers who","source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2020/02/ftc-challenges-online-trading-academys-money-making-claims"},{"description":"Practice Fusion case suggests 6 health privacy pointers lfair June 8, 2016 | 9:01AM Practice Fusion case suggests 6 health privacy pointers By Lesley Fair Combine two of the most talked-about consumer protection topics – health privacy and consumer-generated online content – and what do you get? A proposed FTC settlement with Practice Fusion, the largest cloud-based electronic health records company in the country, and six compliance tips for others in the industry. One of San Francisco-based Practice Fusion’s primary products is an electronic records system for outpatient providers. In 2009, the company launched “Patient Fusion,” an online portal where patients whose providers were already using Practice Fusion could view or download their health information or transmit it to another provider. Patient Fusion also let patients send and receive secure messages from their providers. Fast forward several years and the company decided to expand Patient Fusion to include a public directory where current and prospective enrollees could search for doctors geographically or by specialty, read patient reviews of providers, and request appointments. But Practice Fusion had to ask itself a question familiar to many online companies: How do we get the content – in this case, patient reviews? That’s the focus of the FTC’s lawsuit. According to the complaint , Practice Fusion solicited data in a misleading way that led some patients to believe they were sending follow-up messages directly to their doctors about their diagnosis, medical treatment, prescriptions, etc. – and not contributing content to a public website. Practice Fusion, however, populated its new site with the information those people provided, some of which was highly sensitive. Here’s what happened. After appointments with their doctors, patients received emails titled “How was your visit?” The message continued, “To help improve your service in the future, please let us know how your visit went” and included a link with rating stars. The message ended this way: Thank you, Dr. [Name] In a footer, the message said “This email was sent to you by Patient Fusion®, a tool Doctor [Name] uses to deliver the highest quality of care to patients.” Below that in smaller print it said “Sent on behalf of Doctor [Name]’s office by: Practice Fusion.” If patients clicked the link, they were taken to a page that asked for feedback about things like how long they had to wait for their appointment, the doctor’s bedside manner, and whether their medical concern was addressed. There also was a text box where patients were invited to “leave a review for your provider.” Below that was a pre-checked box with the phrase “Keep this review anonymous.” What did some people put in that box? Highly sensitive information directly addressed to their doctors, not evaluations meant to be shared publicly. Here are just a few examples: “Dr [name], My Xanax prescription that I received on Monday was for 1 tablet a day but usually it’s for 2 tablets a day. I have not taken it to the pharmacy yet. Can I pick up a new one, or can I get a prescription called into a pharmacy? Thanks, [patient’s full name] “I called today and left a message regarding my daughter and no one has returned my call. I think she is depressed and has stated several times this week that she wishes she was dead. Could someone please call me [phone number]?” “The cefuroxime axetil does not seem to be doing anything for me. I did a little research and I think I have a yeast infection called candida. Not sure what to do about it yet. I guess I will first try to change my diet. Medication? [patient’s full name] “I would like to make an appointment for my back pain and possible shingles. Can you please call me @ [phone number]? Thank you! [patient's full name]” “I HAVE NO INFECTION [healthcare provider name].  EVERYTHING WENT","titre":"Practice Fusion case suggests 6 health privacy pointers","id":3194910,"pubDate":"Sat, 03 Oct 2026 08:09:37 +0200","source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2016/06/practice-fusion-case-suggests-6-health-privacy-pointers"},{"description":"The Federal Trade Commission secured a settlement agreement with Southern Glazer’s Wine and Spirits LLC, the nation’s largest distributor of wine and spirits, that will redress allegedly illegal price discrimination practices and make it easier for small businesses to compete against large chain retailers. The sweeping settlement covers nearly all Southern wine and spirits sales to the five largest chain retailers in 26 states. The settlement will also provide direct cash payments to harmed small businesses if an independent monitor finds that Southern violates the settlement order going forward. “This settlement marks a significant milestone for the FTC in its enforcement of the Robinson-Patman Act, which Congress enacted to empower small businesses to compete against large ones,” said Daniel Guarnera, Director of the FTC’s Bureau of Competition. “Small businesses are an invaluable part of the American economy and way of life. The FTC is committed to ensuring that all businesses, no matter their size, can compete on a fair and level playing field to serve their customers and boost the entire American economy.” The FTC’s settlement with Southern delivers a successful conclusion to the Commission’s first enforcement action under the Robinson-Patman Act in a generation. Under the terms of a proposed stipulated order filed by the FTC , Southern will face limitations on its ability to charge small, independent retailers higher prices for wine and spirits than it charges competing large retail chains.  The FTC’s settlement resolves a  lawsuit brought by the Commission in 2024, which alleges that Southern violated the Robinson-Patman Act by depriving small, independent businesses access to discounts and rebates that were available to large competitors. As alleged in the complaint, these pricing practices interfere with the ability of independent retailers to compete against large national and regional chains and big box stores. Under the Robinson-Patman Act, it is generally unlawful for sellers to engage in price discrimination that harms competition by charging higher prices to disfavored retailers that purchase similar goods. According to the FTC’s complaint, Southern charged significantly higher prices for sales of identical bottles of wine and spirits during the same time period to independent retailers as compared to competing large chains, like Total Wine, Walmart and Kroger, even when the stores were located a few miles or even a few blocks from each other. Southern engaged in discriminatory pricing via a variety of mechanisms, such as by offering discounts and rebates to large buyers that were inaccessible to small competitors and were not justified by differences in the cost of distributing products to different retailers, the FTC’s complaint further alleged.  Settlement Terms  To resolve the FTC’s complaint, Southern has agreed to a series of conditions that will disincentivize the company from engaging in discriminatory pricing and compensate independent retailers if they are harmed. Specifically, the terms of the proposed stipulated order target “paired” transactions where Southern sells a product to a chain retailer at one price while contemporaneously selling that same product to a nearby independent retailer at a significantly higher price.  Southern will be in violation of the FTC’s proposed stipulated order, if, among other conditions, the paired transactions involve:  Significant price discrimination (exceeding a maximum threshold based on state-specific operating costs) Recurring price discrimination (in the aggregate, exceeding $5,000 over a 12-month period) Where a set of discriminatory paired transactions meets certain specifications, Southern can resolve the violation by paying the independent retailer 1.5 times the full aggregated price-differential amount. If Southern does not redress the price discrimination, the FTC can bring an enforcement action, and, if the Commission","titre":"FTC Secures Settlement that Protects Small Businesses from Illegal Price Discrimination","id":3194908,"pubDate":"Sat, 03 Oct 2026 08:09:36 +0200","source":"Federal Trade Commission Concurrence communiqués","url":"https://www.ftc.gov/news-events/news/press-releases/2026/10/ftc-secures-settlement-protects-small-businesses-illegal-price-discrimination"},{"url":"https://www.berec.europa.eu/en/public-consultations-calls-for-inputs/public-consultation-on-the-draft-berec-work-programme-2027","source":"BEREC Office","pubDate":"Fri, 02 Oct 2026 08:34:17 +0200","id":3193166,"titre":"Public consultation on the draft BEREC Work Programme 2027","description":"Public consultation on the draft BEREC Work Programme 2027 yannick.stephan Thu, 01/10/2026 - 09:00 Breadcrumbs Public Consultations & Calls for Inputs Deadline to submit contributions:  31 October 2026 In January this year, BEREC adopted the Outline BEREC Work Programme 2027 , which reflected BEREC's objectives for the upcoming year. BEREC launched a first Call for inputs on the Work Programme 2027 from 27 February to 15 April. During the call for proposals, several additional actions were identified. Considering the early input received, during the 68th BEREC ordinary meetings (1-2 October 2026), the Board of Regulators adopted the draft BEREC Work Programme 2027 [BoR (26) 142] for public consultation. Background BEREC prepares its annual work programme in accordance with Article 21 of the BEREC Regulation and the BEREC Strategy 2026-2030 to guide how it organises and prioritises its work towards clearly defined objectives. The 2027 draft work programme was developed inclusively and transparently, with contributions from various stakeholders. This approach helps ensure that BEREC remains responsive to market needs, regulatory developments, and end-user expectations. Aim The BEREC Work Programme 2027 aims to align with the BEREC Strategy 2026-2030 and its five strategic pillars: Promoting full connectivity and the Digital Single Market; Supporting competition-driven and open digital ecosystems; Empowering end-users; Contributing to sustainable, secure, and resilient digital infrastructures; Strengthening BEREC’s capabilities and continuous improvement. The work programme will also take into consideration priorities set for BEREC’s institutional and international cooperation. Furthermore, the 2027 work programme has been developed against the backdrop of the ongoing review of the regulatory framework and the European Commission’s proposal for a Digital Networks Act, published in January 2026. This piece of legislation is meant to be the cornerstone shaping the future of the sector in the EU. As an advisory body to EU institutions for electronic communications, BEREC is committed to providing expert, independent advice to co-legislators and the European Commission throughout the legislative procedure. BEREC also aims to provide support and advice on other relevant policy developments. In addition to the mandatory work foreseen in the EU regulatory framework, the BEREC work programme follows a multiannual approach, meaning some projects started in 2026 will be completed in 2027 and are therefore included as carryovers. Additionally, recurring items are considered by default. Submit your contributions The incoming BEREC Chair 2027, Alejandra de Iturriaga Gandini (CNMC, Spain), encourages all interested stakeholders to provide their views and contributions to the draft BEREC Work Programme 2027 by submitting them to BEREC-WP2027@DISTRO.BEREC.EUROPA.EU by 31 October 2026 . After submitting the contribution, you will receive an automatic acknowledgement email. If you do not receive this acknowledgement, please contact the BEREC Office. Contributions should be sent preferably in English, and, to facilitate processing of the responses, the comments provided should clearly refer to specific paragraphs of the document. In accordance with the BEREC policy on public consultations , BEREC will publish all contributions and a summary thereof, respecting confidentiality requests. In that regard, please clearly mark the parts you define as confidential. We strongly encourage all stakeholders to submit their contributions as early as possible. Contributions received after the above-mentioned deadline will not be taken into account. Privacy statement type Privacy Statement for Public Consultation Category Name Ongoing Public Consultations and Calls for Inputs Notify subscribers"},{"url":"https://www.ftc.gov/business-guidance/blog/2015/01/pink-slip-slip-first-ftc-cases-challenging-deceptive-car-title-loans","source":"FTC USA Business Blog Posts","pubDate":"Fri, 02 Oct 2026 08:12:17 +0200","id":3192605,"titre":"Pink slip slip-up: First FTC cases challenging deceptive car title loans","description":"Pink slip slip-up: First FTC cases challenging deceptive car title loans lfair January 30, 2015 | 9:12AM Pink slip slip-up: First FTC cases challenging deceptive car title loans By Lesley Fair She’s got a competition clutch with four on the floor And she purrs like a kitten ‘til the lake pipes roar. And if that ain’t enough to make you flip your lid, There's one more thing. I got the pink slip, Daddy. Back in the days of the Beach Boys’ “Little Deuce Coupe,” the only risk to a car title – the pink slip – was when hot rodders bet them on drag races.The FTC just announced its first two settlements with car title lenders that underscore additional risks to consumers’ pink slips and wallets. What should other companies consider if they want to avoid crossing the yellow line? The complaints challenge allegedly illegal practices by First American Title Lending of Georgia, which operates over 30 locations in that state, and Finance Select, which does business as Fast Cash Title Pawn at five Georgia locations and two in Alabama. What’s a car title loan? It’s typically a high-cost, short-term loan secured with a consumer’s free-and-clear car title. The lender holds on to the title as long as payments keep coming in. Of course, if consumers don’t pay, the lender takes the car. Car title loans tend to run between $1,000 and $10,000. They have high interest rates – the typical APR can be a whopping 300% – and short repayment periods, sometimes only 30 days. Each payment after that first month is called a “renewal.” Given that many consumers who take out car title loans are in financial distress, it’s not surprising that loans may extend over a much longer period. According to the FTC, the average is more like eight renewals. In addition to holding the consumer’s car title, the lender charges monthly fees, sometimes as much as 25% of the amount borrowed per month. That means that after eight renewals, a consumer taking out a $1,000 loan could wind up paying $2,000 in fees. The FTC says the companies’ ads lured consumers in with promises of “zero” interest, but then failed to clearly and conspicuously disclose hidden conditions attached to those eye-catching deals. For example, First American Title Lending touted “0% interest” in big headlines on websites, billboards, newspaper ads, yard signs, and elsewhere. What consumers weren’t clearly told was that they’d only get the 0% rate if they were new customers, if they paid by money order or certified funds, and if they paid in full within 30 days. If it took them longer to pay – the norm in the industry – consumers would have to pony up hefty finance charges calculated back to Day 1 of that \"0% interest\" loan, as well as the fees that started on Day 31. According to the complaint, Fast Cash Title Pawn similarly advertised “0% Title Loans,” sometimes adding “1st 30 days 0%,” without clearly and conspicuously disclosing the substantial strings that were attached – including that if the consumer didn’t pay in full within 30 days, they’d have to pay the finance charge for the first 30 days in addition to charges that kicked in on Day 31.  The lawsuits allege that the companies’ practices violate the FTC Act.  The FTC says First American Title Lending also violated the Truth in Lending Act and Reg Z. Under the proposed settlements, the companies will have to clearly disclose all the qualifying terms associated with getting a loan at the advertised rate and what the finance charge would be after an introductory period ends. The orders also prohibit misrepresentations about material terms of any loan agreement. The FTC’s message to members of the industry is that they’re not flying (driving?) under the radar. Truth-in-advertising standards apply to car title loans, too. What's more, companies will be held to well-established principles of"},{"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2020/06/lights-out-unsubstantiated-pain-relief-claims-deceptive-native-advertising","titre":"Lights out on unsubstantiated pain relief claims and deceptive native advertising","pubDate":"Thu, 01 Oct 2026 14:10:47 +0200","id":3191275,"description":"Lights out on unsubstantiated pain relief claims and deceptive native advertising lfair June 25, 2020 | 3:00PM Lights out on unsubstantiated pain relief claims and deceptive native advertising By Lesley Fair For consumers struggling with severe or chronic pain, ads for a product called Willow Curve appeared to offer light at the end of the tunnel. But the FTC alleges the marketers made false and unsubstantiated claims for the product , a device that applied low-level light and mild heat to the site of pain – and set people back between $599 and $799 in the process. The proposed settlement also sheds light on the FTC’s ongoing concern with deceptive native advertising. The complaint names two Michigan companies, Physician’s Technology, LLC, and Willow Labs, LLC, and two individuals affiliated with both businesses, Dr. Ronald Shapiro and David Sutton. In ads on national TV, satellite radio, online, and in social media, the defendants claimed that for people suffering from rheumatoid arthritis, diabetic neuropathy, nerve damage, shingles, fibromyalgia, lupus, torn tendons, and other serious conditions, the light-emitting Willow Curve would provide “real, lasting, proven pain relief, without the costs, risks or inconvenience associated with elective surgery, prescription drugs or office visits.” The defendants also sold Willow Curve through a network of distributors and resellers, supplying them with promotional materials touting the product’s purported health benefits. What’s more, the defendants claimed to have clinical studies to support what they said about Willow Curve and that the FDA had reviewed and approved the device for its advertised pain relief and other health benefits. The FTC challenges those claims as false. The complaint also alleges the defendants advertised a “risk-free” and “money-back” guarantee for consumers if they were “not completely satisfied” within a specified time period. But the FTC says in many instances, the defendants required consumers to jump through hoops to get the hefty purchase price back – for example, by first undertaking a regimen of 92 “treatments” over a 180-day period. According to the complaint, those requirements were hidden behind hyperlinks or buried in paperwork in the Willow Curve box. Despite the defendants’ claim that they issued refunds within seven to ten business days, the FTC says some people never got their money back. Others got a refund a year or more later or only after reporting the defendants to a State Attorney General or the Better Business Bureau. Another notable count relates to the defendants’ use of native advertising. For example, what appeared to be an online magazine article, “Understanding the Gender Gap in Sports Injuries and Treatment,” was actually advertising for Willow Curve. According to the FTC, the defendants hired a marketing company to write this article and others, which looked a lot like the non-advertising content of the magazines and newspapers in which the ads ran. The complaint alleges the articles weren’t identifiable as ads, including when consumers posted or shared them on social media or in email. The settlement includes a judgment of $22 million, which – based on the defendants’ financial condition – will be partially suspended when defendants Shapiro and Sutton each pay $200,000. Among other things, the proposed order requires the defendants to have randomized, double-blind, and placebo-controlled testing to support a broad range of pain relief claims. The order also prohibits them from representing expressly or by implication that advertising is a statement or opinion from an independent publisher or source. The case illuminates some issues of interest to advertisers. Support pain relief claims with sound science.   There’s a predictable cycle. As more consumers experience chronic and serious pain, more marketers position their products as purported remedies. What comes next?"},{"pubDate":"Thu, 01 Oct 2026 08:11:56 +0200","id":3189429,"titre":"Fighting Coronavirus scams: Taking stock","description":"Fighting Coronavirus scams: Taking stock chundycz May 8, 2020 | 9:01AM Fighting Coronavirus scams: Taking stock By Andrew Smith, Director, FTC Bureau of Consumer Protection Since the beginning of the COVID-19 crisis, the FTC has released dozens of warning letters against people trying to make an illegal buck off the Coronavirus. More than a month in, it seems like a good time to look back at what’s happened. If you follow this blog, you’ll know these have been busy weeks – with advice about spotting the many scams we’re all facing, news of the warning letters sent on a wide range of scams, and some enforcement actions filed. You might wonder: Why send letters? Why not just sue the !*$@&#? Fair question. But the letters are working. And, given the scope of the scams out there right now, we want to get the best and fastest results we can with the most efficient tool we have. Right now, for these Coronavirus-related issues, that’s warning letters. In general, here’s how it goes: We spot someone advertising something with no proof that it works – and, in many cases, telling outright lies about its wonders. We send a letter pointing out the illegal things they’re doing. They then have 48 hours to tell us what they’ve done to resolve the problems we’ve raised. In nearly all cases so far, those who get the letters have stopped making the false claims or selling the scammy thing – whether cures from a product or earnings from a work-at-home scheme. Within 48 hours: no more lying to people, no more stealing people’s money. During a crisis like this, we’ve prioritized stopping as many bad actors as we can, as quickly as we can. And when a warning letter will do that, we’ll take that win. Most of the letters sent so far relate to the first scams out of the box: the treatments and cures – many of which we heard about from you. These treatments and cures were, of course, not at all what they claimed to be. The sellers peddled everything from teas and essential oils to IV or ozone “therapies,” stem cell treatments, and high doses of Vitamin C. All of these products have had one thing in common: There was no evidence – none – that they work against the Coronavirus. The warning letters are working in other areas, too. We’ve sent 13 letters to VoIP service providers and other companies, telling them we see how they’re helping illegal telemarketers or robocallers make calls related to COVID-19, and telling them to cut it out. And, just two weeks ago, we sent 10 letters to multi-level marketing (MLM) companies for making exaggerated earnings claims for their business opportunity selling fake Coronavirus treatments or cures from home. These companies hit the daily double: false income claims for their work-at-home program and unsubstantiated health claims for their products. But sometimes you need more firepower to get the desired result. It took a lawsuit to stop a company that, allegedly, pretended to be affiliated with the Small Business Administration’s Paycheck Protection Program, fooling hundreds – if not thousands – of small businesses. And, last week, we filed suit against Whole Leaf Organics for allegedly claiming to treat not only the Coronavirus, but also cancer with CBD. Both cases are now pending. What we know about COVID-19 changes every week. And right now, the scammers are shifting their focus to the economic impact payments, among other things, to find new ways to get your money or information. But here are some things that remain true: Scammers are peddling cures and treatments with no proof they work. Remember: Right now, there is nothing that has been proven to prevent COVID-19. Anyone who tells you to pay them by gift card, money transfer, cash, or Bitcoin is a scammer. Period. And, if they say they’re from the government, they’re not. Never give your Social Security, bank account, or credit card number to anyone who contacts you. Again, not even if they say","url":"https://www.ftc.gov/business-guidance/blog/2020/05/fighting-coronavirus-scams-taking-stock","source":"FTC USA Business Blog Posts"},{"titre":"FTC takes on unproven health claims and “own-dorsements”","pubDate":"Wed, 30 Sep 2026 14:10:25 +0200","id":3187485,"description":"FTC takes on unproven health claims and “own-dorsements” lfair March 19, 2020 | 4:38PM FTC takes on unproven health claims and “own-dorsements” By Lesley Fair It’s a disturbing trend. Companies are targeting older consumers, claiming to have easy answers for serious diseases for which there may not be a proven cure. That’s one allegation in the FTC’s action against Nevada-based telemarketer Health Center, Inc.   Another count challenges what we call “own-dorsements.” According to Health Center’s telemarketing scripts, websites, social media, and testimonials from supposedly satisfied customers, the company’s Rejuvi-Cell oral spray and Rejuvi-Sea and Rejuvi-Stem pills could treat a broad range of medical conditions: everything from cancer, Alzheimer’s disease, and Parkinson’s disease to hepatitis, heart attacks, and high cholesterol. In promoting the products, which sold in packages priced between $350 and $800, the company checked the buzzword boxes with science-y sounding terms like homeopathic , adult stem cell enhancement , and marine phytoplankton . The company claimed that diseases like diabetes, rheumatoid arthritis, and dementia “could be greatly reduced if not eliminated” through the use of its products. According to the complaint , Health Center’s telemarketers – who were instructed to follow the scripts word-for-word – told consumers the main ingredient of Rejuvi-Sea “alkalizes your body . . . so you can’t grow cancer cells.” Then there were heartfelt testimonials from purported customers who described themselves as “walking on air” and “amazed and redeemed,” thanks to the products. But the FTC says the company hasn’t conducted any studies demonstrating the products cure or treat any diseases or health conditions and there are no human clinical studies in the scientific literature to that effect. What’s more, the lawsuit alleges that some of those glowing endorsements that appeared to come from satisfied customers across the country were actually “own-dorsements” – testimonials from Health Center’s own employees. To settle the case , the defendants have agreed to injunctive provisions, including a requirement that a broad range of health claims must have the support of randomized, double-blind, and placebo-controlled human clinical testing. Almost all of the $8.6 million judgment will be suspended, based on their financial condition. Aside from the obvious points that the FTC continues to take a close look at cures targeting older consumers and that companies shouldn’t palm off endorsements from employees as independent opinions, the case illustrates two other important principles. First, the defendants’ unlawful practices were the subject of an earlier enforcement action by the Iowa Attorney General. Companies shouldn’t have to be told once of the need to substantiate their health claims – and they certainly shouldn’t have to be told twice. Second, the complaint includes a count for violating the Telemarketing Sales Rule , which prohibits misrepresentations about “any material aspect of the performance, efficacy, nature, or central characteristics of goods or services that are the subject of a sales offer.” That’s yet another reason to keep your telemarketing efforts above board .","source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2020/03/ftc-takes-unproven-health-claims-own-dorsements"},{"source":"The artificial Lawyer","url":"https://www.artificiallawyer.com/2026/09/28/harvey-launches-its-first-ever-tv-commercials/","description":"Harvey is launching its first ever TV commercials, which will run on ESPN, NBC, Amazon, Netflix, HBO Max and other channels. The theme is ‘agreements","titre":"Harvey Launches Its First Ever TV Commercials","pubDate":"Tue, 29 Sep 2026 07:43:52 +0200","id":3183910},{"url":"https://www.ftc.gov/news-events/news/press-releases/2026/09/fleetcor-agrees-pay-100-million-resolve-administrative-action-after-federal-court-finds-it-violated","source":"Federal Trade Commission - Protecting America's Consumers","pubDate":"Fri, 18 Sep 2026 08:08:58 +0200","id":3160549,"titre":"FleetCor Agrees to Pay $100 Million to Resolve Administrative Action After Federal Court Finds that It Violated the FTC Act by Charging Unauthorized Fees","description":"FleetCor and its CEO will pay $100 million to settle a Federal Trade Commission administrative action alleging that the company charged its customers, who overwhelmingly are small businesses, undisclosed fees in connection with their use of fuel cards that FleetCor falsely promised businesses would save them money. In a complaint first filed in federal court in 2019 , the FTC alleged that FleetCor Technologies Inc., now known as Corpay Inc., and its CEO Ronald Clarke imposed a broad array of unauthorized fees that its customers never knew about and did not agree to pay, totaling hundreds of millions of dollars and harming tens of thousands of customers.  In addition, FleetCor charged late fees to customers who had either paid on time or were prevented by FleetCor from paying on time. FleetCor also misrepresented the gas savings, fraud-control features, and fees associated with its fuel cards. “FleetCor deceived its small business customers by promising fuel savings that never materialized, while unfairly charging them hidden and unauthorized fees,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “In addition to the relief the FTC has obtained in federal court, this order will help return money to the customers the company took advantage of.” According to the complaint, FleetCor often waited to begin charging many fees until several billing cycles passed, making the fees less noticeable to consumers. The complaint also alleged that FleetCor’s invoices did not disclose that any fees were being charged, requiring customers to proactively view other account management reports. Even on those documents, many fees were obscured among other information or not listed at all. In 2023, a federal district court entered summary judgment for the FTC on all counts, finding that FleetCor had charged its customers hidden or otherwise unauthorized fees and misrepresented the gas savings and fees associated with FleetCor’s fuel cards. The court-imposed order permanently prohibits FleetCor from: billing a customer for any charge unless FleetCor has obtained the customer’s express informed consent and provided clear and unavoidable information about the charge; hiding material information about a charge behind a hyperlink; and making deceptive claims about its fuel cards. In 2026, a federal appeals court upheld the summary judgment against FleetCor on all counts and affirmed the permanent injunction against it.  The court affirmed the judgment against Clarke on all but one count and vacated the injunction as to Clarke.  As part of the settlement order with the FTC, FleetCor and Clarke will pay $100 million, which will be used to provide redress to the company’s business customers harmed by its practices. FleetCor and Clarke have also agreed not to oppose reimposition of a federal court injunction against Clarke.  The Commission vote to accept the consent agreement was 1-0-1. FTC Chairman Andrew N. Ferguson is recused. The FTC will publish a description of the consent agreement in the Federal Register soon. The agreement will be subject to public comment for 30 days after publication in the Federal Register after which the Commission will decide whether to make the proposed consent order final. Instructions for filing comments will appear in the published notice. Once processed, comments will be posted on Regulations.gov. NOTE: When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to"},{"source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2026/08/ftc-states-sue-amazon-over-secret-ad-surcharge-scheme","description":"Today, 22 states joined the Federal Trade Commission in filing suit against Amazon, alleging that the company engaged in deceptive and unfair practices that secretly inflated prices in its online search advertising auctions. The complaint   alleges that, for over seven years, Amazon has covertly and substantially increased the prices that more than one million brands and sellers were required to pay to advertise on its platform. As a result, the complaint alleges that Amazon’s scheme has likely extracted tens of billions of dollars from its unwitting advertising customers. “When one of the world’s largest online retailers engages in unfair and deceptive conduct, the impact can be staggering,” said Chairman Andrew N. Ferguson. “Amazon has millions of advertising customers who were misled into paying significantly higher prices. These higher costs were largely passed on to American consumers. The FTC under President Trump won’t allow this deception to continue.” The FTC, along with the attorneys general of Alaska, Arizona, California, Colorado, Florida, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Nebraska, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Vermont and Washington, allege Amazon has imposed undisclosed surcharges on its advertising customers, which include over 500,000 small- and medium-sized businesses that participated in auctions for advertising placements on Amazon.com and its mobile app. In these auctions, prospective advertisers bid to place Sponsored Product ads, Sponsored Brands ads and Display Ads alongside the results that appear when a consumer searches for a product using a keyword on Amazon’s store. Placements are auctioned to the highest-ranked bidder for each keyword. As described in the complaint, Amazon has represented to prospective advertisers for years that Amazon runs “second price” auctions where the winner of the auction would only pay “one cent more than the next highest bidder” for each successful bid for an advertising keyword. However, in practice, the complaint alleges that Amazon has charged its Sponsored Products advertisers their own winning bid close to 80% of the time and has effectively converted its nominally “second price” auction into a first price auction. According to the complaint, Amazon’s “second price” auctions have been described by Amazon, and understood by advertisers, to be run as generalized second-price, or GSP auctions, which have been the accepted industry standard for digital advertising placements. The complaint states that Amazon has made these or similar representations on its website, in training videos and in other public-facing materials, as well as in presentations made to advertisers by its hundreds of sales personnel.  The type of auction matters to advertisers because it impacts how they bid. In a sealed first-price auction—the type of auction where winners pay the amount of their winning bid—bidders run the risk that they might overbid. So, in repetitive auctions for the same goods, they will often reduce their bid to determine what the minimum amount needed to win future auctions might be. This is called bid shading. In second-price auctions, bidders are more likely to bid higher, closer to their true value for the product, because they will only be liable to pay the least bid amount needed to win under the auction’s rules.  As alleged in the complaint, Amazon told advertisers it ran a GSP, but for years its auction pricing had “a surcharge hidden in it,” in the words of one internal Amazon document. The complaint alleges that, beginning in 2019, Amazon changed its auction rules without notice by adding an undisclosed surcharge that Amazon referred to internally as a “soft reserve price.” This resulted in advertisers paying substantially more than the price determined by the GSP auction.  According to the complaint, Amazon","titre":"FTC, States Sue Amazon Over Secret Ad Surcharge Scheme","pubDate":"Tue, 01 Sep 2026 08:10:10 +0200","id":3127461},{"source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2026/08/ftc-finalizes-orders-cox-media-group-two-other-firms-settling-charges-they-deceived-customers-about","description":"The Federal Trade Commission finalized orders requiring Cox Media Group (CMG) and two other firms to pay a total of $930,000 to settle allegations they deceived customers by falsely claiming to offer an AI-powered service that could target localized ads based on conversations captured from consumers’ smart devices and that consumers had opted into such targeting. In three separate complaints first announced in May , the FTC alleged that Georgia-based media and marketing company CMG Media Corporation, which does business as  Cox Media Group , and two marketing firms it worked with, New Hampshire-based MindSift LLC  and Wisconsin-based  1010 Digital Works LLC ,  deceived customers by claiming they used a special algorithm to listen in on and detect pertinent conversations from smart devices in order to target ads to consumers within a specific geographic region. Contrary to these companies’ claims, however, the marketing service wasn’t based on voice data, and consumers hadn’t opted into this service. If the service had functioned as advertised, this collection and use of consumers’ voice data without adequate consent would itself violate the FTC Act. Under the proposed orders settling the FTC’s allegations,  CMG must pay $880,000 while both  MindSift and  1010 Digital Works  must each pay $25,000, which will be used to provide redress to CMG customers impacted by these practices. In addition, each defendant is prohibited from making any misrepresentation about the qualities or features of its advertising or marketing services; the collection and use of voice data and whether consumers have provided their consent to collect, use or disclose their voice data; and the geographic targeting capabilities of its advertising or marketing services. After receiving two comments on the proposed settlement orders, the Commission voted 2-0 to give final approval to the consent","titre":"FTC Finalizes Orders with Cox Media Group, Two Other Firms Settling Charges They Deceived Customers About “Active Listening” AI-Powered Marketing Service","id":3120376,"pubDate":"Fri, 28 Aug 2026 08:07:59 +0200"},{"description":"The Federal Trade Commission finalized an order with Publishing.com LLC and its two principals, settling allegations that they misled consumers about how much money consumers were likely to earn using their self-publishing products. Under the order finalized by the Commission, Publishing.com and its principals, CEO Christian Mikkelsen and Chief Product Officer Rasmus Mikkelsen, will pay $1.5 million and be required to substantiate earnings claims in the future. In a complaint first announced in April 2026, the FTC alleged that Publishing.com claimed its programs and services would help consumers earn substantial income publishing e-books and audiobooks online. The FTC further alleged that Christian and Rasmus Mikkelsen claimed that they personally used this system to obtain significant wealth through online self-publishing. The FTC alleged, however, that most consumers who bought Publishing.com’s products and services never made the income the company promised in its advertising. Consumers who sought refunds discovered that Publishing.com imposed many additional conditions, which were often buried in fine print or the company’s lengthy terms of service, that made it difficult or impossible for consumers to get their money back. The FTC’s complaint further alleged that the company failed to disclose when reviews were written by company employees or other interested people, including relatives of the Mikkelsens, and that the company offered incentives to people for providing positive testimonials. The final order approved by the Commission prohibits Publishing.com and the Mikkelsens from: Making earnings claims unless they are not misleading and they have a reasonable basis to support them; Making the specific misrepresentations detailed in the complaint, as well as misrepresentations concerning material facts in the sale of any product or service; Failing to disclose terms and conditions of any cancellation or refund policy or failing to promptly honor a consumer’s cancellation or refund request in accordance with company policies; and Making misrepresentations regarding endorsements and reviews. The final order also requires the company and the Mikkelsens to disclose any unexpected material connections with endorsers or reviewers and any payments or other incentives for posting reviews. The Commission voted 2-0 to finalize the order and sent responses to the five","titre":"FTC Approves Final Order Against Publishing.com, Settling Allegations It Misled Consumers","id":3004264,"pubDate":"Fri, 03 Jul 2026 08:06:27 +0200","source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2026/07/ftc-approves-final-order-against-publishingcom-settling-allegations-it-misled-consumers"},{"url":"https://www.ftc.gov/news-events/news/press-releases/2026/06/ftc-requires-amazon-pay-225-million-resolve-charges-it-knowingly-violated-fair-credit-reporting-act","source":"Federal Trade Commission - Protecting America's Consumers","pubDate":"Wed, 01 Jul 2026 08:09:43 +0200","id":2997627,"titre":"FTC Requires Amazon to Pay $2.25 Million to Resolve Charges It Knowingly Violated the Fair Credit Reporting Act","description":"Amazon will pay $2.25 million in civil penalties to settle Federal Trade Commission allegations that the online retail giant knowingly violated the Fair Credit Reporting Act (FCRA) by refusing to provide transaction records to consumers whose personal information was used by identity thieves to commit fraud. The complaint , filed by the Department of Justice upon notification and referral from the FTC, alleged that in numerous instances, Amazon.com Inc. failed to comply with Section 609(e) of the FCRA, which requires companies to, within 30 days of a consumer’s request, provide victims of identity theft with application and business transaction records about fraudulent transactions made in their names. According to the complaint, Amazon had no written policy to respond to Section 609(e) requests until early 2025, after it learned of the FTC’s investigation, despite prior outreach from FTC staff advising the company to review its compliance with Section 609(e). “Amazon often put identity theft victims through a Kafkaesque ordeal by demanding they identify the thief who stole their information before Amazon would release the records the law entitles them to—records that could help victims protect themselves and recover from the fraudulent conduct,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “The FTC will not allow companies to simply ignore their legal obligations, especially those designed to support and protect identity theft victims.” Many consumers who contacted Amazon to report fraud were told by its customer service agents that they could not provide the requested records for “security” or “privacy” reasons, the complaint alleged. For example, one consumer reported that when they contacted Amazon seeking business records related to unauthorized charges stemming from a fraudulent account, a company representative said they could not share details about the other account that had used the consumer’s credit card for “security reasons” unless the consumer guessed the name on the account (the name used by the identity thief), which the consumer was unable to do after making 30 attempts. The complaint alleged that in other instances, Amazon agents told consumers they were not able to access the requested records. Amazon even refused to provide application and business transaction records to law enforcement agencies who had been authorized to, and who did, submit requests to Amazon on behalf of consumers who were victims of identity theft. Some frustrated consumers resorted to sending copies of the FCRA and FTC guidance to Amazon in hopes of receiving the requested records, but Amazon still failed to comply with the law. The complaint also alleged that in some cases where Amazon ultimately provided requested records, it failed to respond to consumers within the 30-day timeframe required by the FCRA. In addition to the $2.25 million civil penalty—a record for a Section 609(e) violation—the proposed order will prohibit Amazon from failing to comply with Section 609(e) of the FCRA, requiring the company to provide the records lawfully requested by identity theft victims and law enforcement agencies acting on their behalf. The order also requires Amazon to provide notice to consumers about how identity theft victims can request records under the FCRA. The company must also contact consumers who had requested records since April 2024 from Amazon but did not receive them to inform these consumers that it may have additional records and that the consumers may request those records from Amazon. This is the second case the FTC has brought using its authority under Section 609(e) of the FCRA. The FTC announced its first case involving a violation of Section 609(e) of the FCRA in 2020 against Kohl’s Department Stores Inc . The Commission voted 2-0 to authorize the staff to refer the complaint to the DOJ and to approve the proposed stipulated order. The DOJ filed the complaint and final"},{"url":"https://www.ftc.gov/news-events/news/press-releases/2026/06/ftc-data-show-people-reported-losing-3-point-5-billion-imposter-scams-2025","source":"Federal Trade Commission - Protecting America's Consumers","description":"New data from the Federal Trade Commission reveal that people reported losing a staggering $3.5 billion to imposter scams in 2025, with reported losses increasing nearly three times since 2020. FTC data also show that people reported imposter scams more than any other fraud category in 2025—nearly one in three fraud reports were about imposter scams. These scams lured consumers through text, phone, email, social media, search engine results and other means. Some of the costliest impersonation scams start with a fake security alert, often from a bank. People are convinced to move money to “protect” it, with their losses often limited only by their available funds. Last year, people reported losing nearly $1 billion to business impersonators with the highest reported losses to bank impersonators—and about $920 million to government impersonators, up from $866 million and $789 million respectively in 2024. The FTC has seen a striking increase in reported fraud losses to all types of fraud—about $16 billion was reported lost in 2025, the highest on record and an increase of about 25% compared to the 2024 figure. “Consumers derive enormous benefits from competitive markets built on truthful information. But fraud undermines that foundation, impeding the market process and preventing markets from operating efficiently,” said Christopher Mufarrige, Director of the Bureau of Consumer Protection. “The FTC will use every tool available to combat one of the most pernicious forms of fraud—government and business impersonation—and to protect the integrity of the digital economy.” The data underscore the importance of the FTC’s work with the  Elder Justice Coordinating Council (EJCC) , which is working to help raise awareness of imposter scams and other scams impacting older adults as well as other consumers. This year, the FTC, along with the Department of Justice, Department of Health and Human Services and members of the EJCC, is leading the Never Ever campaign, a public-private coordinated consumer education effort to raise awareness of government and business imposter scams. In addition to the federal agency members of the EJCC , the campaign also includes private sector representatives such as the American Bankers Association, USTelecom, Google and Microsoft. To help the public spot imposter scams, EJCC members launched the Never Ever campaign, which is aimed at promoting messaging on the key actions that government and businesses will Never Ever take. The Never Ever campaign will run from June 15 to June 26, in conjunction with World Elder Abuse Awareness Day. This first-of-its-kind public-private partnership includes participants from a wide range of organizations and is aimed at directing consumers to a website that includes information and resources to help them avoid imposter scams and what to do if they spot one. Enforcement Actions To help combat impersonation scams, the FTC in 2024 finalized the Impersonation Rule. The Rule gives the agency stronger tools to combat and deter scammers who impersonate government agencies and businesses, enabling the FTC to file federal court cases seeking to get money back to injured consumers and civil penalties against rule violators. Since then, the FTC has vigorously enforced the rule and brought a dozen enforcement actions that have resulted in halting imposter schemes and obtained over $70 million in redress for consumers. In 2025, the FTC brought law enforcement actions under the Impersonation Rule against:  American Tax Service (IRS imposter scheme);  MediaAlpha (government imposter scheme to sell health insurance);  Click Profit (business imposter money making scam);  Blackstone Legal (phantom debt business imposter scheme) and  Accelerated Debt Settlement (government and business imposter scheme that targeted older adults for debt relief). More recently, the  FTC filed a complaint against Innovative Partners in April 2026 , alleging the operators","id":2959787,"pubDate":"Tue, 16 Jun 2026 08:09:40 +0200","titre":"FTC Data Show People Reported Losing $3.5 Billion to Imposter Scams in 2025"},{"id":2947754,"pubDate":"Thu, 11 Jun 2026 10:23:49 +0200","titre":"BEREC presents its assessment of the Digital Networks Act proposal","description":"BEREC presents its assessment of the Digital Networks Act proposal yannick.stephan Wed, 10/06/2026 - 18:07 Press Releases Europe’s electronic communications framework is entering a pivotal phase of reform, with the proposed Digital Networks Act (DNA ) set to update the regulatory framework for connectivity across the EU. At the BEREC public debriefing on 10 June, the BEREC Chair, Marko Mismas (AKOS, Slovenia), and the Working Group Co-Chairs presented BEREC’s assessment of the DNA proposal, outlining key regulatory considerations that emerged from its analysis. BEREC welcomes the ambition of modernising the EU connectivity framework and supporting resilient, sustainable and high-quality digital networks. At the same time, the assessment highlights areas where further refinement may be needed to ensure that the future framework strengthens rather than adds unnecessary complexity to the internal market for electronic communications. BEREC has developed thematic papers examining key elements of the proposal in greater depth, supporting evidence-based input to the co-legislators. To further contribute to the policy debate, BEREC will publish three additional thematic papers by the end of June. BEREC remains committed to providing its technical and regulatory expertise to help shape a competitive, innovative and future-proof digital Europe. 5G slicing guidance BEREC experts look forward to receiving stakeholders’ input to the public consultation on the draft further guidance on 5G network slicing by 6 August 2026. The draft guidance aims to provide greater regulatory certainty for market players and support innovation in 5G services, while safeguarding open internet principles. Building on the existing Open Internet framework, the guidance will assist providers in assessing whether network slicing-based services comply with the Regulation, including in relation to internet access and specialised services. Reflecting the principle of technological neutrality, the approach is intended to remain relevant beyond 5G and to apply to other technologies that use comparable quality-of-service mechanisms. Call for inputs on roaming BEREC has issued a call for inputs regarding its work on roaming. This call aims to support the preparation of BEREC’s Opinion for the European Commission on the upcoming review of the EU Roaming Regulation and the Implementing Regulation on Fair Use Policy and Sustainability, which is scheduled for submission by the first quarter of 2027. Building on its 2025 Opinion, BEREC invites stakeholders to provide new information, evidence, and perspectives by 21 August 2026. In addition, following the consultation on possible amendments to the BEREC Roaming Benchmark Data Collection procedure, BEREC decided to maintain the current quarterly data collection approach. However, the expansion of the Roam-Like-at-Home regime to Ukraine and Moldova on 1 January 2026, together with the simplification proposals in BEREC’s 2025 Opinion on the Roaming Regulation, requires an update of the roaming data collection template. BEREC therefore launched a call for input on the revised template and invites operators to submit their comments by 3 July 2026. Emergency communications resilience Ensuring uninterrupted access to emergency services for end users remains a critical priority as 2G and 3G mobile networks are progressively phased out across Europe. During its latest plenary meeting, the Heads of the European regulators for electronic communications discussed and adopted a BEREC statement addressing concerns that some devices may fail to connect to emergency communications services, including 112, once legacy networks are switched off. The statement aims to raise awareness of the issue and calls for closer cooperation across the entire communications ecosystem. BEREC underlines the need for further investigation, improved detection of potential failures, and greater transparency among stakeholders to help safeguard the reliability of emergency communications throughout the technological","url":"https://www.berec.europa.eu/en/news/press-releases/berec-presents-its-assessment-of-the-digital-networks-act-proposal","source":"BEREC Office"},{"pubDate":"Wed, 20 May 2026 08:10:24 +0200","id":2893630,"titre":"FTC Begins Enforcing the TAKE IT DOWN Act","description":"The Federal Trade Commission today began enforcing the TAKE IT DOWN Act (TIDA), a law requiring platforms, at the request of victims, to remove intimate photos or videos shared online without victims’ consent. As part of its enforcement role, the FTC has launched TakeItDown.ftc.gov , a website allowing victims and survivors to submit complaints about platforms that have failed to act on valid requests for the removal of nonconsensual intimate images. The website also accepts complaints about platforms that have failed to create a process for people to request removal of these images. “Thanks to First Lady Melania Trump’s dedication, the public, especially children, will have recourse against digital exploitation and extortion,” said FTC Chairman Andrew N. Ferguson. “In the age of AI, anyone can be targeted, and that becomes even more appalling if children are involved. The TAKE IT DOWN Act empowers families and provides the FTC with an effective tool to protect minors against this form of abuse.” The FTC enforces Section 3 of the TAKE IT DOWN Act, which set a May 19, 2026, deadline for covered platforms to give people a way to request the removal of intimate photos or videos shared online without their consent and to remove those intimate images, and known identical copies, within 48 hours of a valid request. The FTC has published new guidance to help consumers in the event that nonconsensual intimate images of them are posted online. The FTC also issued  guidance for businesses about how to ensure they are complying with the law. Underscoring the FTC’s commitment, Chairman Ferguson  sent letters last week to major platforms—Alphabet, Amazon, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat, TikTok and X—reminding them of businesses’ obligation to comply fully with TIDA no later than May 19,","url":"https://www.ftc.gov/news-events/news/press-releases/2026/05/ftc-begins-enforcing-take-it-down-act","source":"Federal Trade Commission - Protecting America's Consumers"},{"source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2026/04/stubhub-refunding-10-million-fees-consumers-after-deceptive-ticket-pricing","titre":"StubHub Refunding $10 Million in Fees to Consumers After Deceptive Ticket Pricing","pubDate":"Fri, 10 Apr 2026 08:08:44 +0200","id":2818173,"description":"StubHub, the nation’s largest ticket exchange and resale ticket provider, will pay $10 million to settle Federal Trade Commission charges that the company violated the FTC Act and the agency’s Rule on Unfair or Deceptive Fees by deceptively advertising ticket prices on its website without clearly and conspicuously disclosing up-front how much consumers actually would pay, including all mandatory fees. “The Commission’s Fees Rule makes it very clear that the total price of live-event tickets must be disclosed up-front to enable consumers to make fully informed purchasing decisions,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “Price transparency is essential to a free and competitive marketplace. Today’s settlement underscores the Commission’s commitment to ensuring that consumers pay the price they are promised.” The FTC’s action against StubHub Holdings, Inc., follows a  warning letter the agency sent the online ticket platform in May 2025 stating that multiple prices displayed on its website appeared to be in violation of the Fees Rule. Under the Rule, which took effect on May 12, 2025 , it is an unfair and deceptive practice for any business to offer, display, or advertise the price of a live-event ticket without clearly, conspicuously, and most prominently disclosing the total price, which the Rule defines as “the maximum total of all fees or charges a consumer must pay for any good(s) or service(s) and any mandatory ancillary good or service.” Misrepresenting prices also violates the FTC Act. Today’s action also follows the Administration’s recent Executive Order on Ticketing , which includes a directive for the FTC to “take appropriate action . . . to ensure price transparency at all stages of the ticket-purchase process, including the secondary ticketing market.” According to the Commission’s complaint , in mid-May 2025—after the Rule went into effect—StubHub advertised its ticket prices without disclosing the full price consumers would actually pay by failing to include mandatory fees and to disclose the total price everywhere it displayed prices. Specifically, the FTC alleges StubHub failed to provide the total price for tickets—including high-demand National Football League tickets in the lead-up to when the NFL schedule was announced on May 14, 2025—in the first three pricing displays on its website. On the initial two pricing displays, in numerous instances, the advertised price did not include all mandatory fees, and StubHub did not disclose the total price. On the third pricing display, StubHub listed multiple fees and charges but did not disclose the total price. The proposed order settling StubHub’s alleged violations of the FTC Act and the Fees Rule requires the company to pay $10 million, which the company will use to provide monetary relief to eligible consumers through a settlement and consumer redress distribution program. The order also prohibits StubHub from misrepresenting the total price of any good or service; any fee or charge, including its nature, purpose, amount, or refundability, as well as why the fee or charge is being imposed; the final payment amount for any transaction; and any other material fact including those related to refunds or cancellations. The proposed order also prohibits StubHub from: Offering, displaying, or advertising any price of a good or service without clearly and conspicuously disclosing the total price; Failing to disclose the total price more prominently than any other pricing information; Failing to clearly and conspicuously disclose the amount of any fees or charges that have been excluded from the total price and what they are for, as well as the final payment amount—before the consumer agrees to pay for a product or service; and Violating the Commission’s Fees Rule. Within 90 days of the date of the order StubHub must provide redress to two groups of eligible"},{"description":"Public consultation on the draft BEREC Report on Virtual Worlds and Web 4.0 yannick.stephan Tue, 17/03/2026 - 09:26 Breadcrumbs Public Consultations & Calls for Inputs Deadline: Monday, 20 April 2026 (17:00 CEST) During the 66th BEREC plenary meeting (12-13 March 2026), the Board of Regulators approved the Draft BEREC Report on Virtual Worlds and Web 4.0 (BoR (26) 39) for public consultation. The report in a nutshell Virtual worlds (VW) and web 4.0 are at the basis of a transition to the 4th generation of internet based services, leading toward industry 4.0 and smart society. This shift is driven by artificial intelligence (AI) integration in networks and services. Hence, web 4.0 and immersive services are meant to have a significant economic and social impact by transforming the way in which industrial production evolves and automates its processes. At the same time, they transform the fruition of online content and applications by users. This draft BEREC Report provides a fully-fledged analysis. The first part of the draft Report dives into the connectivity developments as well as the transition to network-as-a-service (NaaS). It also provides examples of use cases cutting across industrial and societal applications. The second part deals with challenges posed to electronic communications networks/services (ECN/S) operators related either to the investment lines or to business models and market positioning. In such a scenario, focus is dedicated also to regulatory challenges, for instance the need to guarantee openness and interoperability and to foster investment. The Report builds on previous BEREC work, including the high-level position on artificial intelligence and virtual worlds provided as a contribution to the call for inputs on competition in generative AI and VW issued in 2024 by the European Commission (EC). The report is framed in the following 5 chapters and Conclusion: Introduction Chapter by providing a definition for VW, based on its key characteristics; Chapter 2 provides some concrete examples of use cases; Chapter 3 describes the connectivity challenges faced to enable VW and the network upgrades; Chapter 4 assesses the potential role of electronic communication providers in the provision of VW/Web 4.0 services, as well as any possible future profit streams and incentives; Chapter 5 examines the potential electronic communications regulatory challenges that may arise. Submit your contributions Interested parties are kindly asked to send their contributions via email to berec_virtualworld_pc@distro.berec.europa.eu no later than 20 April 2026 (17:00 CEST). Contributions should preferably be sent in English. To facilitate processing of the responses, the comments provided should clearly refer to the certain chapters/paragraphs of the document. After submitting the contribution, you will receive an acknowledgement email. In case you do not receive it, please contact the BEREC Office via the same email. All stakeholders are strongly encouraged to submit their contributions as early as possible – those received after the above-mentioned deadline will not be taken into account. In accordance with the BEREC policy on public consultations , BEREC will publish all contributions and a summary of the contributions, respecting confidentiality requests. Any such request should clearly indicate information that is considered confidential and should be accompanied by a non-confidential version. Privacy statement type Privacy Statement for Public Consultation Category Name Ongoing Public Consultations and Calls for Inputs Notify subscribers","id":2792998,"pubDate":"Mon, 30 Mar 2026 19:32:59 +0200","titre":"Public consultation on the draft BEREC Report on Virtual Worlds and Web 4.0","url":"https://www.berec.europa.eu/en/public-consultations-calls-for-inputs/public-consultation-on-the-draft-berec-report-on-virtual-worlds-and-web-40","source":"BEREC Office"},{"titre":"EDPB identifies challenges hindering the full implementation of the right to erasure","id":2703238,"pubDate":"Wed, 18 Feb 2026 15:27:14 +0100","description":"Brussels, 18 February - The European Data Protection Board (EDPB) has adopted a  report on its Coordinated Enforcement Framework (CEF) action on the right to be forgotten (Art.17 GDPR) .  The  Board selected this topic  as it is one of the most frequently exercised GDPR rights and one about which DPAs frequently receive complaints from individuals. The main objectives of this coordinated action are to ensure that the right to erasure is effectively exercised by individuals in Europe and understand how controllers comply with this right in practice. In addition, the EDPB identified good practices and the most important related challenges, with the aim of providing further guidance on this topic.  Throughout 2025, 32 DPAs across Europe took part in this initiative. More specifically, 9 DPAs have initiated new formal investigations or have continued ongoing ones, and 23 DPAs carried out a fact-finding exercise. A total of 764 controllers across Europe responded to the action, ranging from small and medium-sized enterprises (SMEs) to big companies active in many different industries and fields, as well as various types of public entities. The results of these national actions have been aggregated and analysed together allowing for targeted follow-up on both national and EU level.   Areas of improvement and main challenges The report lists the issues that were identified, along with a series of recommendations addressed to controllers, to help them implement the right to erasure. Seven recurring main challenges were identified by DPAs. The results confirmed some of the findings of the 2024 coordinated action on the right of access , for example when it comes to the lack of appropriate internal procedures to handle requests, or the lack of sufficient information provided to individuals. In addition, participating DPAs reported specific findings related to the reliance by some controllers on inefficient anonymisation techniques to handle erasure requests as an alternative to deletion. DPAs also noted inconsistent practices, and the difficulties faced by controllers regarding the determination of retention periods and the deletion of personal data in the context of back-ups. In addition, as the right to erasure is not an absolute right, some controllers face difficulties in assessing and applying the conditions for the exercise of this right, including in carrying out the different balancing tests between the right to erasure and other rights and freedoms.   Follow-up to help organisations comply  Extensive guidance, documents and templates exist at national level to help controllers comply with the right of erasure and help individuals exercise this right. In line with the Helsinki Statement’s objectives of making GDPR compliance easier and ensuring consistent interpretation and enforcement across Europe, the extensive guidance and templates already available at national level will be leveraged at EDPB level where appropriate.   Background and next steps The CEF is a key action of the EDPB under its 2024-2027 Strategy , aimed at streamlining enforcement and cooperation among DPAs.  In 2023, the EDPB published the report on its first coordinated action on the  use of cloud-based services by the public sector . In 2024, the EDPB also published the report on the outcome of the second coordinated action on the  designation and position of Data Protection Officers . In 2025, the EDPB issued the report on its third coordination action on the  implementation of the right of access . The CEF 2026 action will be on the  obligations of transparency and information under the GDPR .   For further information: DA DPA:   EDPB vedtager rapport om dataansvarliges overholdelse af retten til sletning EL DPA: Ολοκλήρωση της συντονισμένης δράσης του","source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2026/edpb-identifies-challenges-hindering-full-implementation-right-erasure_en"},{"description":"Defendants behind a wide-ranging operation known as Growth Cave, including its co-CEOs, are permanently banned from marketing and selling business opportunities and credit repair programs as part of an FTC settlement to resolve allegations that their scheme cost consumers nearly $50 million. As part of that settlement, Growth Cave’s co-CEOs also will be required to liquidate millions of dollars’ worth of assets, including a multimillion-dollar house, to provide consumer redress. “On day one, the Trump-Vance FTC reprioritized combatting fraud that harms American markets. Today’s successful resolution demonstrates that the Commission is focused on protecting our markets from dishonest actors,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. The FTC  sued Growth Cave  in February 2025, alleging that consumers were deceived by false promises of significant income. Growth Cave allegedly offered numerous business opportunities, which regularly failed to deliver the promised results while costing consumers thousands of dollars. The amended complaint also alleges that consumers had trouble reaching Growth Cave employees and obtaining customer support. Named as defendants in the lawsuit were Growth Cave’s co-CEOs Lucas Lee-Tyson and Osmany Batte, Operations Manager Jordan Marksberry, related Growth Cave entities, and relief defendant Friendly Solar. The FTC previously approved, and the court entered, a stipulated order settling its charges against Marksberry late last August. That order bans Marksberry from: marketing or selling business opportunities, engaging in credit repair activities, and making misleading earning claims or assisting others in doing the same. Finally, the order includes a judgment of $48,597,538 against him, which has been partially suspended upon his payment of $35,000 to the Commission. The court orders announced today settle the FTC’s charges against all remaining defendants in this case. The first order (the LLT order) binds Lee-Tyson, individually and as an officer and/or owner of Growth Cave, LLC and LLT Research LLC. The second order (the Batte order)   binds Apex Mind, LLC; Osmany Batte, individually and as an officer of Growth Cave, LLC and Apex Mind, LLC; and relief defendant Friendly Solar, Inc. Both orders announced today contain similar conduct provisions, banning the defendants from selling and marketing—or assisting others in selling or marketing—business opportunities and from engaging in credit repair activities. They also prohibit the defendants from making misleading representations related to earnings claims, testimonials, and the use of artificial intelligence. The orders also impose judgments of $48,597,538 against the defendants, which will be partially suspended based on their inability to pay. The LLT order requires Lee-Tyson to sell a range of assets, including his multimillion-dollar house, and liquidate his investment and bank accounts. The proceeds of these transactions will be transferred to the Commission and will be used for consumer redress. The Batte order requires Batte to liquidate several assets including a Rolls-Royce and a Ferrari. Relief defendant Friendly Solar is required to transfer $43,000 to the Commission for its part in profiting from the defendants’ illegal conduct. The Commission vote approving the August stipulated order with defendant Marksberry was 3-0, and the vote approving the orders announced today against the remaining defendants was 2-0. The proposed orders were filed in the U.S. District Court for the Central District of California. The staff attorneys on this matter are Maris Snell and Adrienne Jenkins of the FTC’s East Central Region and Miles Freeman of the FTC’s Western Region Los","titre":"FTC Secures Settlement Banning Growth Cave Defendants from Marketing and Selling Business Opportunities and Credit Repair Programs","pubDate":"Wed, 28 Jan 2026 09:50:38 +0100","id":2659689,"source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2026/01/ftc-secures-settlement-banning-growth-cave-defendants-marketing-selling-business-opportunities"},{"description":"The Federal Trade Commission finalized an order with General Motors and OnStar settling allegations that they collected, used, and sold consumers’ precise geolocation data and driving behavior data from millions of vehicles without adequately notifying consumers and obtaining their affirmative consent. Under the order finalized by the Commission, General Motors LLC, General Motors Holdings LLC, and OnStar, LLC (collectively GM), which are owned by General Motors Company, are prohibited from sharing certain consumer data with consumer reporting agencies. They also are required to take steps to provide greater transparency and choice to consumers over the collection, use, and disclosure of their connected vehicle data. In a complaint first announced in January 2025, the FTC alleged that GM used a misleading enrollment process to get consumers to sign up for its OnStar connected vehicle service and OnStar Smart Driver feature. The FTC also alleged that GM failed to clearly disclose that it collected consumers’ precise geolocation and driving behavior data via the Smart Driver feature and sold it to third parties without consumers’ consent. The final order approved by the Commission imposes a five-year ban on GM disclosing consumers’ geolocation and driver behavior data to consumer reporting agencies. This fencing-in relief is appropriate given GM’s egregious betrayal of consumers’ trust. And for the entire 20-year life of the order, GM will be required to: obtain affirmative express consent from consumers prior to collecting, using, or sharing connected vehicle data (including sharing data with consumer reporting agencies), with some exceptions such as for providing location data to emergency first responders; create a way for all U.S. consumers to request a copy of their data and seek its deletion; give consumers the ability to disable the collection of precise geolocation data from their vehicles if their vehicle has the necessary technology; and provide a way for consumers to opt out of the collection of geolocation and driver behavior data, with some limited exceptions. The Commission voted 2-0 to approve the final order and complaint as well as provide responses to","titre":"FTC Finalizes Order Settling Allegations that GM and OnStar Collected and Sold Geolocation Data Without Consumers’ Informed Consent","id":2633494,"pubDate":"Thu, 15 Jan 2026 09:52:25 +0100","source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2026/01/ftc-finalizes-order-settling-allegations-gm-onstar-collected-sold-geolocation-data-without-consumers"},{"pubDate":"Wed, 17 Dec 2025 09:50:37 +0100","id":2577895,"titre":"FTC Will Require Illusory Systems to Return Money Stolen by Hackers and Implement an Information Security Program","description":"The Federal Trade Commission is taking action against Illusory Systems Inc. for failing to implement adequate data security measures, leading to a major security breach in which hackers stole $186 million from consumers. Under a proposed order settling the FTC’s allegations, Utah-based Illusory, which does business as Nomad, will be required to implement an information security program to address numerous alleged security failures and to return recovered money to affected consumers. “The FTC Act requires companies to take reasonable security measures,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “It’s important that companies live up to their security promises to consumers.” In its complaint , the FTC alleged that Nomad prominently touted its security in its advertising, claiming that it offered “security-first” services. The FTC, however, alleged that the company failed to live up to these promises by failing to: use secure coding practices; implement processes for receiving and addressing vulnerability reports and responding to security incidents; and utilize widely known technologies that might have helped mitigate consumer losses. According to the complaint, in June 2022, Nomad introduced inadequately tested code that included a significant vulnerability. Just over a month later, hackers began exploiting the vulnerability. The FTC alleged that Nomad failed to respond to the attack in time because of its inadequate security and incident response measures, which led to the loss of $186 million. The company was able to recover some money, but consumers lost approximately $100 million. Nomad was warned about the dangers of inadequate testing as well as the need to ensure it had adequate staff and security in place. The company, however, failed to implement basic safety measures that would mitigate consumer losses, the FTC alleged. Under the proposed order , Nomad will be prohibited from making misrepresentations about its security practices. In addition, the company will also be required to: Implement a comprehensive information security program that is designed to protect consumers from theft or other unauthorized access and address the security issues outlined in the FTC’s complaint; Obtain biennial assessments of its information security program by an independent third party and cooperate with the third-party assessor; and Return to consumers money recovered following the security breach that was not already returned to customers. The Commission voted 2-0 to accept the proposed complaint and order for public comment. The FTC will publish a description of the consent agreement package in the Federal Register soon. The agreement will be subject to public comment for 30 days after publication in the Federal Register after which the Commission will decide whether to make the proposed consent order final. Instructions for filing comments will appear in the published notice. Once processed, comments will be posted on Regulations.gov. NOTE:  The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $51,744. The lead staff attorneys on this matter are M. Hasan Aijaz and Julia Horwitz with the FTC’s Bureau of Consumer","url":"https://www.ftc.gov/news-events/news/press-releases/2025/12/ftc-will-require-illusory-systems-return-money-stolen-hackers-implement-information-security-program","source":"Federal Trade Commission - Protecting America's Consumers"},{"pubDate":"Tue, 09 Dec 2025 09:50:02 +0100","id":2559842,"titre":"7-Eleven to Pay Record $4.5 Million Penalty to Settle FTC Antitrust Order Violation Case","description":"7-Eleven, Inc. and its parent company, Seven & i Holdings Co., Ltd., (collectively 7-Eleven) will pay $4.5 million to settle a Federal Trade Commission lawsuit alleging that the convenience store chain violated a 2018 FTC consent order by acquiring a fuel outlet in St. Petersburg, Fla. without providing the Commission prior notice. The $4.5 million penalty marks the largest civil penalty ever collected in an FTC case involving a prior-notice violation. It is also the largest negotiated settlement of any order violation in the FTC Bureau of Competition’s history. “Under the Trump-Vance FTC, merger remedies that protect competition are once again on the table. But for merger remedies to work, firms must abide by the terms of their consent orders, and we will hold parties accountable when they don’t live up to their commitments,” said Daniel Guarnera, Director of the FTC’s Bureau of Competition. “7-Eleven failed to fulfill the terms of the FTC’s consent order and is now paying a record price. The FTC will not hesitate to protect the public by actively enforcing order violations and seeking penalties against future violators.” The settlement resolves an FTC lawsuit filed in 2023. That suit arose from a 2018 consent order to resolve the FTC’s antitrust claims that 7-Eleven’s $3.3 billion acquisition of 1,100 retail fuel outlets from Sunoco would harm competition and raise fuel prices for consumers in 76 local markets. In the consent order, 7-Eleven agreed to divest certain fuel outlets and to provide prior notice to the FTC before making future acquisitions of competing fuel outlets in the local markets. This prior notice allowed the FTC to investigate—and, if needed, file an enforcement action—if additional acquisitions by 7-Eleven harmed consumers in these local markets. The consent order specifically listed the St. Petersburg outlet as one that 7-Eleven could not acquire without providing the FTC with prior notice. According to the FTC’s complaint, 7-Eleven acquired the St. Petersburg fuel outlet in December 2018, in violation of the consent order. On March 25, 2022—over three years after 7-Eleven acquired the St. Petersburg outlet—7-Eleven first informed the Commission it had acquired the St. Petersburg outlet. The FTC found that 7-Eleven’s internal controls for ensuring compliance with the consent order were wholly inadequate and that the company failed to implement any meaningful systems to ensure compliance with the Commission order. In addition to the $4.5 million in civil penalties, 7-Eleven was required to divest the St. Petersburg outlet to a strong buyer. 7-Eleven also agreed to commit to additional prior approval and prior notice requirements, which will help ensure that the Commission is made aware of any attempts by 7-Eleven to further consolidate in the local fuel markets addressed in the FTC’s order.  The Commission vote authorizing staff to file the stipulated final judgment and order for permanent injunction and civil penalty was","url":"https://www.ftc.gov/news-events/news/press-releases/2025/12/7-eleven-pay-record-45-million-penalty-settle-ftc-antitrust-order-violation-case","source":"Federal Trade Commission Concurrence communiqués"},{"id":2545176,"pubDate":"Tue, 02 Dec 2025 09:36:06 +0100","titre":"Decoding AI in 2025","description":"INSIGHTS INTO A TECHNOLOGY ON ITS WAY OF NORMALIZATION The result of a collaboration between the Robert Badinter Institute and the University of Strasbourg, this public conference organized in early 2025 marks the first step in a series of meetings aimed at “decoding AI,” the proceedings of which will be published in several volumes. This […] L’article Decoding AI in 2025 est apparu en premier sur INSTITUT ROBERT BADINTER","url":"https://institutrobertbadinter.fr/fr/publications/decoding-ai-in-2025/","source":"Publications - IERDJ"},{"description":"Brussels, 09 October - The European Data Protection Board (EDPB) and the European Commission endorsed joint guidelines on the interplay between the Digital Markets Act (DMA) and the General Data Protection Regulation (GDPR) . These are the first joint guidelines by the Board and the European Commission. In line with its 2024-2027 Strategy and the recent Helsinki Statement’s objectives to make GDPR compliance easier and strengthen consistency, the EDPB has cooperated with the European Commission, each within their respective mandates, to facilitate the coherent application of the DMA*and GDPR and to increase legal certainty for gatekeepers, business users, beneficiaries and individuals. EDPB Chair Anu Talus said:   “These joint guidelines are the result of a fruitful cooperation between the EDPB and the European Commission. This is the first time that the EDPB and the European Commission prepare guidelines jointly. This approach maximises usefulness of the guidance by simplifying compliance for businesses and bringing enhanced legal certainty to them.  The guidelines will help gatekeepers, business users and individuals to better understand their obligations and rights under the DMA, and ensure a consistent, effective and complementary application of the DMA and EU data protection law.” How the DMA and the GDPR interact The DMA and the GDPR both protect individuals in the digital landscape , but their goals are complementary as they address interconnected challenges: individual rights and privacy in case of the GDPR and fairness and contestability of digital markets under the DMA.    Several activities regulated by the DMA entail the processing of personal data by gatekeepers and, in several provisions, the DMA explicitly refers to definitions and concepts included in the GDPR. The joint guidelines clarify how gatekeepers can implement these DMA provisions in accordance with EU data protection law . For example, the EDPB and the Commission specify which elements gatekeepers should consider in order to comply with the requirements of specific choice and valid consent under Art. 5(2) DMA and the GDPR, and thus to lawfully combine or cross-use personal data in core platform services. The EDPB and the Commission also address other provisions including those related to the distribution of third party apps and stores, data portability, data access requests and interoperability of messaging services.   Next steps The Board and the Commission have just launched a joint public consultation on the first version of the guidelines which will be open until 4 December 2025 .  This will be an opportunity for stakeholders to comment and provide feedback. All submissions will be published on the DMA website to which a link will be included on the EDPB website, after the consultation period has closed. The final text, incorporating input received during the consultation, will be prepared jointly by the Board and the Commission, and will be adopted by the EDPB and European Commission.   More guidelines on the way Following these first joint guidelines with the Commission, further work is underway to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working with the Commission, specifically with the AI Office, on joint guidelines on the interplay between the AI Act and EU data protection laws. Note to editors: The Digital Markets Act is one of the first regulatory tools that aims to tackle unfair practices of gatekeepers in digital markets. Gatekeepers are large digital platforms providing core platform services, such as online search engines, app stores, and messenger services. The main objective of the DMA is to make the markets in the digital sector fairer and more contestable. ","titre":"DMA and GDPR: EDPB and European Commission endorse joint guidelines to clarify common touchpoints","pubDate":"Thu, 09 Oct 2025 15:53:21 +0200","id":2425502,"source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2025/dma-and-gdpr-edpb-and-european-commission-endorse-joint-guidelines-clarify-common_en"},{"url":"https://www.edpb.europa.eu/news/news/2025/interplay-between-dsa-and-gdpr-edpb-adopts-guidelines_en","source":"EDPB News","pubDate":"Fri, 12 Sep 2025 15:51:31 +0200","id":2368407,"titre":"Interplay between the DSA and the GDPR: EDPB adopts guidelines","description":"Brussels, 12 September - During its September plenary meeting, the European Data Protection Board (EDPB) has adopted guidelines on the interplay between the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR) . These are the first set of EDPB guidelines on the interplay between the GDPR and the EU’s recently adopted digital laws. The DSA aims to complement the rules of the GDPR to ensure the highest level of protection of fundamental rights in the digital space. Its main goal is to create a safer online environment in which the fundamental rights of all users, including the right to freedom of expression, are protected. It applies to online intermediary services , such as search engines and platforms. Several provisions included in the DSA entail the processing of personal data by intermediary service providers. The EDPB guidelines contribute to the consistent application of the DSA and of the GDPR, insofar as some provisions of the DSA concern the processing of personal data by intermediary service providers and include references to GDPR concepts and definitions. While it is up to the competent authorities under the DSA - with the support of the European Board for Digital Services and EU courts - to interpret the DSA, there are a number of provisions which relate to the GDPR. These include: notice-and-action systems that help individuals or entities report illegal content recommender systems used by online platforms to automatically present specific content to the users of the platform with a certain relative order or prominence the provisions to ensure a high level of privacy, safety, and security of minors and prohibiting that profile-based advertising using their data is presented to them transparency of advertising by online platforms prohibition of profiling-based advertising using special categories of data  The EDPB guidelines help to understand how the GDPR should be applied in the context of DSA obligations. The EDPB also provides practical guidance relating to the cross-regulatory cooperation between authorities to coordinate enforcement which will provide more legal certainty for intermediary service providers and ultimately to protect the rights and freedoms of individuals. The guidelines will be subject to public consultation, providing stakeholders with the opportunity to comment and provide feedback. EDPB Chair Anu Talus said: “By clarifying the interplay between the DSA and the GDPR, these guidelines mark a significant step towards ensuring a coherent and effective EU digital rulebook, and they will help uphold the fundamental rights and freedoms of individuals. I hope that stakeholders, including the competent authorities under the DSA, will make the most of the opportunity to contribute to the public consultation\". More work in the pipeline Following these first guidelines on the interplay between the GDPR and the DSA, further work is underway with other regulators to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working on joint guidelines with the European Commission on the interplay between the Digital Markets Act (DMA) and the GDPR, as well as on joint guidelines on the interplay between the AI Act and EU data protection laws."},{"titre":"Caitch me if you can","id":2357390,"pubDate":"Mon, 08 Sep 2025 15:32:50 +0200","description":"From writing instructions on how to make a homemade bomb to refusing to provide a list of « bad » gifts to give, ChatGPT, which is being introduced as the representative of the new generation of chatbots, has made its choice. In this series of articles devoted to the use of generative AI through various experiments, we will first review some general information about these algorithms, then focus on the limitations encountered when using","source":"LINC - laboratoire de recherche de la CNIL","url":"https://linc.cnil.fr/%3Ca%20href%3D%22/en/caitch-me-if-you-can%22%20hreflang%3D%22en%22%3Eview%3C/a%3E"},{"pubDate":"Thu, 07 Aug 2025 09:48:21 +0200","id":2298968,"titre":"FTC Challenges Anticompetitive Medical Device Deal","description":"The Federal Trade Commission today moved to block medical device supplier Edwards Lifesciences Corp.’s (Edwards) proposed acquisition of JenaValve Technology, Inc. (JenaValve) due to concerns that the acquisition would limit patient access to lifesaving medical devices used to treat a potentially fatal heart condition. The FTC alleges that over the span of two days in July 2024, Edwards executed agreements to acquire both JenaValve and JC Medical, the two leading companies competing to bring to market transcatheter aortic valve replacement devices that treat a heart condition called aortic regurgitation (TAVR-AR devices). Edwards closed its acquisition of JC Medical in August 2024, and its proposed $945 million acquisition of JenaValve would combine the only two companies with ongoing clinical trials in the United States for a TAVR-AR device. The deal threatens to reduce competition in the TAVR-AR market, likely resulting in reduced innovation, diminished product quality, and potentially increased prices for consumers, according to the complaint. “ Edwards’ attempt to buy the U.S. market for TAVR-AR devices would eliminate the head-to-head competition that has spurred innovation for lifesaving artificial heart valves,” said Daniel Guarnera, Director of the FTC’s Bureau of Competition. “The FTC is taking action to stop this anticompetitive deal and ensure that JenaValve and Edwards’ JC Medical subsidiary continue competing to innovate, expand treatment eligibility, and keep down costs. Americans deserve all the benefits that come from competition between medical device makers, just as they do in other markets.” More than 8 million Americans suffer from aortic regurgitation, which occurs when the heart’s aortic valve does not close properly, causing blood to backflow into the heart. Currently, surgical valve replacement via open heart surgery is the only U.S. Food and Drug Administration (FDA) approved procedure to treat aortic regurgitation, and TAVR-AR devices offer a new and less invasive way to treat the condition. JenaValve is poised to become the first company to bring a TAVR-AR device, called Trilogy, to the commercial market in the United States. If Edwards acquires JenaValve, Edwards would gain control over the two most advanced TAVR-AR devices, the FTC complaint alleges. FDA approval or commercialization of any other TAVR-AR device in the United States by another company, aside from Edwards and JenaValve, is not expected for the foreseeable future. Direct head-to-head competition between Edwards, through its now-subsidiary JC Medical, and JenaValve has driven the two companies to accelerate the development of their TAVR-AR devices, the FTC’s complaint alleges. Ultimately, patients will benefit if JenaValve and Edwards continue to directly compete to complete their separate TAVR-AR device clinical trials, product improvements, and commercialization plans. The competition concerns caused by Edwards’ dual acquisition strategy are predicated on Edwards owning both JenaValve and JC Medical simultaneously, but Edwards has elected to attempt to buy JenaValve while retaining its ownership of JC Medical. Edwards has not been willing to engage on divesting JC Medical to resolve the competition concerns with the proposed JenaValve acquisition, according to the complaint. The Commission vote to issue an administrative complaint and authorize staff to seek a temporary restraining order and a preliminary injunction was 3-0. The federal court complaint and request for preliminary relief was filed in the U.S. District Court for the District of Columbia to halt the transaction pending an administrative proceeding. NOTE : The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The issuance of the administrative complaint marks the beginning of a proceeding in which the allegations will be tried in a formal","url":"https://www.ftc.gov/news-events/news/press-releases/2025/08/ftc-challenges-anticompetitive-medical-device-deal","source":"Federal Trade Commission Concurrence communiqués"},{"id":2161299,"pubDate":"Wed, 04 Jun 2025 15:59:47 +0200","titre":"Panorama du parcours doctoral en droit","description":"At first glance, the conditions under which a doctoral thesis is written may appear to be secondary to its completion, but the question of the doctoral process is in fact of crucial importance. There are a number of obstacles to overcome: a limited number of thesis supervisors, an uncertain career plan, inherent pitfalls and uncertainty as to whether or not the thesis will be defended. In addition to the difficulty of securing tenure at a later date, these legal and factual factors must be taken into consideration before and during their thesis for all doctoral students in","url":"https://sorbonnestudentlawreview.org/journal/article/view/241","source":"Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne"},{"description":"Brussels, 06 May - During its latest plenary, the European Data Protection Board (EDPB) adopted an opinion on the European Commission’s draft adequacy decision under the GDPR concerning the European Patent Organisation (EPO) . In addition, the Board adopted an opinion on the European Commission’s proposal to extend the validity of the UK adequacy decisions under the GDPR and the Law Enforcement Directive (LED) . Finally, the EDPB agreed to grant the status of observer to the Personal Data Protection Agency of Bosnia and Herzegovina.   Adequate protection of personal data by the EPO At the European Commission’s request, the Board adopted an opinion on the Commission’s draft adequacy decision regarding the European Patent Organisation (EPO). Once formally adopted by the Commission, this will be the first adequacy decision concerning an international organisation and not a country or a region. An adequacy decision is a key-mechanism in EU data protection legislation which allows the European Commission to determine whether a third country or an international organisation offers an adequate level of data protection. The effect of such a decision is that personal data can flow freely from Europe to that third country or international organisation. EDPB Chair, Anu Talus, said: “The EDPB welcomes the Commission’s initiative to work on the first adequacy decision concerning an international organisation. This decision shows how the legal framework of such organisations can be recognised as ensuring an adequate level of protection on the basis of Art.45 GDPR. The EDPB underlines the importance of ongoing dialogue between the Commission and international organisations, with a view to developing this category of adequacy decisions in addition to those relating to third countries.” In its opinion, the Board positively notes that the EPO data protection framework is largely aligned with the European Union data protection framework, including on data protection rights and principles. This shows that the GDPR and, in particular, its transfer provisions, can facilitate safe data flows from Europe to international organisations, while taking into account their status.   Six-month extension of the UK adequacy decisions The EDPB opinion, requested by the European Commission, addresses the proposed extension of the two UK adequacy decisions under the GDPR and the LED, which are set to expire on 27 June 2025. The opinion only concerns the proposed 6-month extension of these adequacy decisions and does not address the level of protection for personal data afforded in the UK, which will be examined by the EDPB following the Commission’s assessment, and if the renewal of the UK adequacy decisions is proposed. Since the UK‘s data protection reform is still pending in the UK parliament, the EDPB recognises the need for a technical and time-limited extension of the adequacy decisions until 27 December 2025.This will give the European Commission sufficient time to evaluate the updated UK legal framework once it has been adopted.   The EDPB stresses that this extension is exceptional and is due to the ongoing legislative developments in the UK. It should not, in principle, be further prolonged. The Board recalls the validity of its opinions 14/2021 and 15/2021 on the two UK adequacy decisions, adopted in April 2021, and invites the European Commission to take them into account in its future assessments.  The Board also recalls the Commission’s obligation to monitor all relevant developments in the UK during the extension period.   New observer to the EDPB’s activities Finally, EDPB members agreed to grant observer status to the EDPB’s activities to the Bosnia and Herzegovina Data Protection Authority, in line with Art. 8 EDPB Rules of Procedure .","id":2099053,"pubDate":"Tue, 06 May 2025 15:51:59 +0200","titre":"European Patent Organisation and extension of adequacy decisions for the UK: EDPB adopts opinions","url":"https://www.edpb.europa.eu/news/news/2025/european-patent-organisation-and-extension-adequacy-decisions-uk-edpb-adopts_en","source":"EDPB News"},{"url":"https://www.ftc.gov/news-events/news/press-releases/2025/01/ftc-surveillance-pricing-study-indicates-wide-range-personal-data-used-set-individualized-consumer","source":"Federal Trade Commission Concurrence communiqués","description":"The Federal Trade Commission’s initial findings from its surveillance pricing market study revealed that details like a person’s precise location or browser history can be frequently used to target individual consumers with different prices for the same goods and services. The staff perspective is based on an examination of documents obtained by FTC staff’s 6(b) orders sent to  several companies in July aiming to better understand the shadowy market that third-party intermediaries use to set individualized prices for products and services based on consumers’ characteristics and behaviors, like location, demographics, browsing patterns and shopping history. Staff found that consumer behaviors ranging from mouse movements on a webpage to the type of products that consumers leave unpurchased in an online shopping cart can be tracked and used by retailers to tailor consumer pricing. “Initial staff findings show that retailers frequently use people’s personal information to set targeted, tailored prices for goods and services—from a person's location and demographics, down to their mouse movements on a webpage,” said FTC Chair Lina M. Khan. “The FTC should continue to investigate surveillance pricing practices because Americans deserve to know how their private data is being used to set the prices they pay and whether firms are charging different people different prices for the same good or service.” The FTC’s study of the 6(b) documents is still ongoing. The staff perspective is based on an initial analysis of documents provided by Mastercard, Accenture, PROS, Bloomreach, Revionics and McKinsey & Co. Image The FTC’s 6(b) study focuses on intermediary firms, which are the middlemen hired by retailers that can algorithmically tweak and target their prices. Instead of a price or promotion being a static feature of a product, the same product could have a different price or promotion based on a variety of inputs—including consumer-related data and their behaviors and preferences, the location, time, and channels by which a consumer buys the product, according to the perspective. The agency will only release information obtained from a 6(b) study as long as all data has been aggregated or anonymized to protect confidential trade secrets from company respondents, and therefore the staff perspective only includes hypothetical examples of surveillance pricing.  The staff perspective found that some 6(b) respondents can determine individualized and different pricing and discounts based on granular consumer data, like a cosmetics company targeting promotions to specific skin types and skin tones. The perspective also found that the intermediaries the FTC examined can show higher priced products based on consumers’ search and purchase activity. As one hypothetical outlined, a consumer who is profiled as a new parent may intentionally be shown higher priced baby thermometers on the first page of their search results. The FTC staff found that the intermediaries worked with at least 250 clients that sell goods or services ranging from grocery stores to apparel retailers. The FTC found that widespread adoption of this practice may fundamentally upend how consumers buy products and how companies compete. As the FTC continues its work in this area, it is issuing a request for information   today seeking public comment on consumers’ experiences with surveillance pricing. The RFI also asks for comments from businesses about whether surveillance pricing tools can lead to competitors gaining an unfair advantage, and whether gig workers or employees have been impacted by the use of surveillance pricing to determine their compensation. Comments are due by April 17. The Commission voted 3-2 to allow staff to issue the report. Commissioners Andrew Ferguson and Melissa Holyoak issued a dissenting statement related to the release of the initial research summaries. The FTC has additional resources on the interim","id":2044739,"pubDate":"Thu, 10 Apr 2025 09:51:48 +0200","titre":"FTC Surveillance Pricing Study Indicates Wide Range of Personal Data Used to Set Individualized Consumer Prices"}]