[{"source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog","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","id":3241460,"url":"https://www.callacbd.ca/CALL-Blog/12242053","titre":"Canadian Association of Law Libraries Intervention in Upcoming Supreme Court of Canada Copyright Case","pubDate":"Mon, 26 Oct 2026 07:55:47 +0100"},{"source":"FTC USA Business Blog Posts","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.","id":3201873,"url":"https://www.ftc.gov/business-guidance/blog/2017/10/clothes-look-rn-database-qa-ftc-staff","titre":"A clothes look at the RN database: Q&A with FTC staff","pubDate":"Wed, 07 Oct 2026 14:05:06 +0200"},{"pubDate":"Wed, 07 Oct 2026 08:05:50 +0200","titre":"First FTC ROSCA case challenges bogus BOGO and \"free\" claims","url":"https://www.ftc.gov/business-guidance/blog/2014/10/first-ftc-rosca-case-challenges-bogus-bogo-free-claims","id":3201052,"description":"First FTC ROSCA case challenges bogus BOGO and \"free\" claims wfg-adm109 October 21, 2014 | 12:02PM First FTC ROSCA case challenges bogus BOGO and \"free\" claims By Lesley Fair It’s called ROSCA – the Restore Online Shoppers’ Confidence Act – and it prohibits marketers from charging consumers for an online transaction unless the marketer has clearly disclosed all material terms of the deal and received the consumer’s express informed consent. Your e-commerce clients will want to know about the FTC’s first ROSCA case , filed recently in Nevada. According to the lawsuit, Health Formulas, LLC and a tangle of related California- and Nevada-based companies and individuals – consumers may know them as Simple Pure Nutrition – pitched a variety of products for weight loss, muscle building, virility, and skin care. The defendants advertised diet supplements like Pure Green Coffee Bean Plus and RKG Extreme as a shortcut to drop the pounds: “Burn fat without diet or exercise,” “Extreme weight loss!” “Shed pounds fast!” “Super concentrated double fat burning,” etc. Among the defendants’ more colorful business names: Weight Loss Dojo, Longhorn Marketing (sorry, Texas fans), Black Bull, and Unleash the Thunder. But unsubstantiated weight loss claims were just the start. The FTC says the defendants lured people in with bogus promises of a “free” trial or deceptive buy-one-get-one (BOGO) offers. Then they tricked consumers into giving their credit or debit card information with the false implication that consumers had to “just pay shipping.”   Digits in hand, the defendants really went to town, allegedly signing consumers up without their authorization for a negative option program that billed their accounts over and over again, to the monthly tune of between $60 and $210. The FTC says the defendants violated ROSCA by using a negative option feature without providing clear and conspicuous disclosures, getting the consumer’s express informed consent, and offering a simple mechanism for stopping the recurring charges. The FTC’s complaint also cites the defendants’ hard-to-find and hard-to-understand fine-print “terms and conditions,” which consumers could reach only by scrolling through the equivalent of two printed pages and clicking on an obscure hyperlink. Assuming they found it – and that’s a big if – the typical “terms and conditions” document was 10 pages long. On some websites, consumers had to scroll down the payment page to see further fine-print disclosures about the cost of the products. The first sentence reiterated what consumers generally understood (“You must pay a shipping and handling fee of $4.95 for us to send you a full 30 day supply of Garcinia Cambogia Extract”) but it wasn’t until the middle of the paragraph that the defendants mentioned that the trial period lasts only 14 days, that it began when the items were shipped (not delivered), and that consumers would be charged after that. Other websites didn’t even include that information. According to the lawsuit, consumers who attempted to take the defendants up on their money-back guarantee were met with a series of undisclosed roadblocks. In addition to the ROSCA counts, the FTC says the defendants’ practices violated the Electronic Fund Transfer Act by debiting consumers’ accounts on a recurring basis without their prior written authorization. What’s more, the complaint charges that the defendants continued to call people after being told to cut it out, in violation of the Telemarketing Sales Rule’s entity-specific Do Not Call provisions. The FTC says they also violated the TSR through a series of deceptive upsells. A federal judge has entered a temporary restraining order and the FTC is seeking to put a permanent stop to the defendants’ illegal practices. If your clients have ROSCA questions, the","source":"FTC USA Business Blog Posts"},{"source":"FTC USA Business Blog Posts","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","id":3198178,"url":"https://www.ftc.gov/business-guidance/blog/2025/09/first-inform-consumers-act-enforcement-case-filed-against-online-marketplace-temu","titre":"First INFORM Consumers Act enforcement case filed against online marketplace Temu","pubDate":"Mon, 05 Oct 2026 14:07:45 +0200"},{"titre":"FTC challenges Online Trading Academy’s money-making claims","url":"https://www.ftc.gov/business-guidance/blog/2020/02/ftc-challenges-online-trading-academys-money-making-claims","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","id":3197414,"source":"FTC USA Business Blog Posts"},{"source":"FTC USA Business Blog Posts","id":3197413,"description":"New FTC warning letters cite unsupported Coronavirus-related health and earnings claims sgressin April 24, 2020 | 12:44PM New FTC warning letters cite unsupported Coronavirus-related health and earnings claims By Seena Gressin The FTC is not the pen pal you want if you operate a multi-level marketing company but aren’t closely monitoring your distributors. In its latest round of warning letters, the FTC warns ten MLM companies that they are responsible for the claims made by their participants. The letters direct the companies to report within 48 hours what actions they’ve taken to stop their distributors from claiming their products can treat or prevent Coronavirus disease, that MLM business opportunity participants are likely to earn substantial income, or both. The FTC says that the health and earnings claims are unsubstantiated and therefore violate truth-in-advertising laws. The products at issue are not scientifically proven to treat or prevent COVID-19, the disease that Coronavirus causes. The FTC previously has sent warning letters to companies about their Coronavirus-related health claims, but the new letters are the first to also target claims about potential business opportunity earnings. The letters come at a time when millions of people are out of work and facing financial challenges as a result of the pandemic. MLM companies rely on a network of independent distributors, sometimes called business opportunity participants, to buy and resell their products, often through direct person-to-person sales or online. MLMs typically offer participants a cut of the sales made by people the participant recruits to invest in the business opportunity. The new recruits then try to sell the products, and try to recruit more people to do the same. Most people who join MLMs make little or no money. According to the FTC, distributors of the MLM companies receiving the letters have posted promotional messages on Facebook, Instagram, and other social media sites. Health claims the FTC letters cite include: “STAY SAFE!! MAKE YOUR IMMUNE SYSTEM STRONG!!!” Standard coronavirus protection kit . #antiseptics and #immunity_support.” “HOW WILL YOU FIGHT OFF CORONA? USE NUTRABURST-CHAGA- .... #coronacure #coronaprevention ... #immunesupport #immunebooster ... #immunesystembooster” “Got the coronavirus heebeegeebees? Boost your immunity with this amazing deal!!!!” “... If interested to learn more or obtain oils or rollers Let me know A little extra protection can help #doterra #NursesCOVID19 #Dialysis #ImmunityBoosters #ImproveRespiratoryFunction” Earnings claims the FTC letters cite include: “...Living in quarantine and where 14 million people applied for unemployment just last week ... I’ll stick with the opportunity to change people’s lives ... turn a small investment into six figures .... #arbonne ... #quarantine #2020” “Need to make extra money? Find it difficult to pay your bills? Were you laid off/ #fired? Be your own Boss w/doTERRA essential oils. Msg me to achieve financial independence #laidoff #unemployed #cantpaymybills #cantpaymyrent #student #sales #sidehustle #makemoney #stayathomemom.” “[E]veryone’s getting stimulus checks right now... There is no better investment you could do... Take that money that you’re about to get back... figure out a way to make this happen tonight.” In the letters alleging unsubstantiated health claims, FTC staff reminds the companies that, under the FTC Act, claims that a product can prevent, treat, or cure a serious disease require the support of well-controlled human clinical studies. Because “no such study is currently known to exist” for the advertised products, the FTC says the companies “must immediately cease making all such claims.” In the letters alleging deceptive earnings claims, FTC staff reminds the companies that under the FTC Act, “claims about the potential to achieve a wealthy lifestyle, career-level income, or significant","pubDate":"Mon, 05 Oct 2026 08:07:08 +0200","url":"https://www.ftc.gov/business-guidance/blog/2020/04/new-ftc-warning-letters-cite-unsupported-coronavirus-related-health-earnings-claims","titre":"New FTC warning letters cite unsupported Coronavirus-related health and earnings claims"},{"description":"Made in USA? Avoiding a Yankee Doodle Don't wfg-adm109 October 21, 2013 | 11:17AM Made in USA? Avoiding a Yankee Doodle Don't By Lesley Fair There are lots of nifty phone accessories, bottle holders, tow straps, pet items, and lanyards out there.  So a label that says the product is Made in the USA may help make the decision for some consumers.  When it bears the American flag and says “TRULY MADE IN THE USA,” that just might seal the deal.  But according to an FTC lawsuit , a lot of the “Made in the USA” merchandise touted by Logan, Utah-based E.K. Ekcessories wasn’t really made in the USA – turning the company’s claims from a Yankee Doodle Do to a Yankee Doodle Don't. E.K. Ekcessories sells a variety of outdoor equipment through popular retailers and on its own site.  In addition to the labels, the company touted its products’ U.S. pedigree with statements like “For 28 years E.K. Ekcessories has been producing superior quality made accessories in our 60,000 sq. ft. facility in Logan, Utah,” and “Our source of pride and satisfaction abounds from a true ‘Made in USA’ product.” To say an item is made in the USA, all or virtually all of it has to be U.S.-made.  In other words, all significant parts and processing must be of U.S. origin, and the product should contain no – or negligible – foreign content. That’s the standard explained in the FTC’s 1997 Enforcement Policy Statement on U.S. Origin Claims.  But according to the complaint, in many cases, E.K. Ekcessories made “Made in USA” representations that were flat-out false.  In other instances, the FTC says the company slapped a label on a product without a reasonable basis for making the claim.  Both courses of conduct violate the FTC Act. Under the proposed order, the company can’t say a product is made in the USA unless all or virtually all of it really is made in the United States.  The order also bans other misleading claims about products’ country of origin. Given that other companies are selling the deceptively labeled merchandise, E.K. Ekcessories has to contact all distributors who bought or received products between January 1, 2010 and May 1, 2013, explaining the FTC’s lawsuit.  The retailers will be asked to pull marketing materials that say all E.K. Ekcessories stuff is U.S.-made or that describe a specific list of products as made in the United States, of U.S.-origin, or “Truly Made in the USA.”  For certain lines of products, they’ll get stickers to cover the inaccurate claims. You can file an online comment about the proposed settlement by November 21, 2013. The message for marketers?  First , it’s a good time to brush up on how to comply with Made in USA standards.  The Business Center has a dedicated Made in USA page to make that easier for you.  Second , given just how important many consumers take a Made in USA claim, companies that make that statement falsely or without a reasonable basis are risking law enforcement action.  Truly.","id":3196242,"source":"FTC USA Business Blog Posts","titre":"Made in USA? Avoiding a Yankee Doodle Don't","url":"https://www.ftc.gov/business-guidance/blog/2013/10/made-usa-avoiding-yankee-doodle-dont","pubDate":"Sun, 04 Oct 2026 08:05:12 +0200"},{"id":3195787,"description":"Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements wfg-adm109 June 13, 2012 | 12:25PM Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements By Lesley Fair The lawsuit against data broker Spokeo is the FTC’s first Fair Credit Reporting Act case addressing the collection of online info — including data from social networking sites — when used in the context of employment screening.  But that’s not the only way the Spokeo settlement touches on social media.  The FTC also charged that Spokeo violated Section 5 by having employees post glowing recommendations of the company’s services on news and technology websites without disclosing their true identity. Perhaps just the work of a rogue cubicle occupant?  No, said the FTC.  According to the complaint , Spokeo directed its employees to write the comments.  Spokeo managers then edited what they wrote and had the staffers post the endorsements using account names provided by Spokeo.  The purpose, says the FTC, was to give readers the misleading impression that the laudatory words had been posted by independent consumers or business users of Spokeo. The FTC’s revisions to its Endorsement Guides made headlines a few years ago.  Ironically enough, the provision that seemed to attract the most attention is one that didn’t change.  It’s the law — and it’s always been the law under Section 5 — that consumers have a right to know when there’s a material connection between an advertiser and an endorser.  Here’s how the Guides put it:  \"When there exists a connection between the endorser and the seller of the advertised product that might materially affect the weight or credibility of the endorsement ( i.e., the connection is not reasonably expected by the audience), such connection must be fully disclosed.\" According to the FTC, by posting comments that conveyed the untruthful impression that they came from satisfied users of Spokeo’s services, Spokeo engaged in false and misleading practices.  To settle the endorsement count in the lawsuit, Spokeo has agreed that it won’t misrepresent, expressly or by implication, the status of any user of a product or service — for example, that someone is an independent, ordinary endorser if that’s not the case.  The company also will clearly and prominently disclose any material connection between an endorser and Spokeo (or any other entity advertising, selling, or promoting a product) when a connection exists.  What about the bogus endorsements already posted?  Spokeo has seven days to take all reasonable steps to pull them down. Looking for more about complying with the Endorsement Guides?  Read The FTC’s Revised Endorsement Guides: What People are Asking and watch this video: While you’re at it, share this post and those resources with your marketing staff, your ad agency, your PR firm, and anyone else who plays a role in your publicity and promotions. Next:  What the Spokeo settlement means for your business, your next ad campaign, and your job search","source":"FTC USA Business Blog Posts","pubDate":"Sat, 03 Oct 2026 14:06:13 +0200","url":"https://www.ftc.gov/business-guidance/blog/2012/06/speaking-spokeo-part-2-companys-allegedly-bogus-endorsements","titre":"Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements"},{"pubDate":"Sat, 03 Oct 2026 08:09:36 +0200","titre":"FTC Secures Settlement that Protects Small Businesses from Illegal Price Discrimination","url":"https://www.ftc.gov/news-events/news/press-releases/2026/10/ftc-secures-settlement-protects-small-businesses-illegal-price-discrimination","source":"Federal Trade Commission Concurrence communiqués","id":3194908,"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":"Public consultation on the draft BEREC Work Programme 2027","url":"https://www.berec.europa.eu/en/public-consultations-calls-for-inputs/public-consultation-on-the-draft-berec-work-programme-2027","pubDate":"Fri, 02 Oct 2026 08:34:17 +0200","source":"BEREC Office","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","id":3193166},{"source":"Federal Trade Commission - Protecting America's Consumers","id":3160549,"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","pubDate":"Fri, 18 Sep 2026 08:08:58 +0200","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","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"},{"pubDate":"Tue, 21 Jul 2026 08:04:33 +0200","url":"https://www.ftc.gov/news-events/news/press-releases/2026/07/founders-celsius-network-ordered-pay-165-million-resolve-ftc-charges","titre":"Founders of Celsius Network Ordered to Pay $16.5 Million to Resolve FTC Charges","id":3042974,"description":"Alexander Mashinsky, the former CEO of cryptocurrency platform Celsius Network Inc. (Celsius), and his business partners, Shlomi Daniel Leon and Hanoch “Nuke” Goldstein, will pay a total of $16.5 million to resolve the Federal Trade Commission’s charges that they deceived users by falsely promising that deposits made to their cryptocurrency platform would be safe and always available. Mashinsky and Leon have also agreed to a ban on marketing or selling products or services that can be used to deposit, exchange, invest or withdraw assets. Similarly, Goldstein has agreed to a ban on marketing or selling retail products or services that can be used to buy, sell, deposit, withdraw, distribute or trade cryptocurrency. In its  July 2023 complaint , the FTC alleged that Celsius and its co-founders promised consumers that Celsius was “safer” than a bank or other traditional financial institutions and misrepresented that their deposits were safe because Celsius earned profits at “no risk” to consumers by making secured loans to other exchanges. The FTC says the company and its top executives deceived users by falsely promising them that they could withdraw their deposits at any time, that the company maintained a $750 million insurance policy for deposits, that it had sufficient reserves to meet customer obligations and that those in its Earn program could earn rewards as high as 18% annual percentage yield on deposits. They also repeatedly claimed that the company did not make any unsecured loans. The FTC, however, alleged that the promises were false and that its top executives continued to claim that customers’ deposits were safe days before the company filed for bankruptcy. The settlement orders with the FTC require Mashinsky to pay $10 million, Leon to pay $4.1 million and Goldstein to pay $2.4 million. In addition,  the order with Mashinsky ,  the order with Leon ,   and the proposed order with Goldstein   will also prohibit the Celsius co-founders from: Marketing or selling products or services that can be used to deposit or withdraw certain assets, as Mashinsky, Leon and Goldstein’s deceptive conduct led to enormous consumer injury; Making misrepresentations regarding the benefits of any product or service or any other material fact about any other product or service; and Violating the Gramm-Leach-Bliley Act, including by obtaining or attempting to obtain customer financial information by making false, fictitious or fraudulent representations; and Finally, the orders with Mashinsky and Leon prohibit them from disclosing nonpublic personal information about consumers unless the consumer first provides express informed consent. The Commission vote approving the stipulated final order with Mashinsky was 3–0 and was approved prior to the departure of former Commissioner Melissa Holyoak. The Commission votes approving the stipulated final orders with Leon and Goldstein were both 2–0. The FTC filed the proposed orders in the U.S. District Court for the Southern District of New York. Stipulated final orders have the force of law when approved and signed by the District Court Judge. The staff attorneys on this matter are Stephanie Liebner, Carlton Mosley and Sally Tieu of the FTC’s Bureau of Consumer","source":"Federal Trade Commission - Protecting America's Consumers"},{"source":"Slaw","description":"The troika of artificial intelligence, pricing, and talent transience has been with us for some time now. As a result, traditional pyramid-structured law firms grappling with these bet-the-business juggernauts are at an inflection point. I propose a flatter way forward. I have been writing and talking about this issue for many years, most recently as part of my ‘The Law Firm’ series: Pyramid Rollover , Private Equity Puzzle , Disappearing Act , Foundational Rebuild , and now this one, Inflection Point. My argument throughout this series is that traditional law firm pyramid structures will not hold against AI, pricing, and . . . [more] The post The Law Firm Inflection Point appeared first on Slaw","id":3014346,"url":"https://www.slaw.ca/2026/07/07/the-law-firm-inflection-point/","titre":"The Law Firm Inflection Point","pubDate":"Wed, 08 Jul 2026 08:02:35 +0200"},{"source":"Federal Trade Commission - Protecting America's Consumers","id":2997627,"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","pubDate":"Wed, 01 Jul 2026 08:09:43 +0200","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","titre":"FTC Requires Amazon to Pay $2.25 Million to Resolve Charges It Knowingly Violated the Fair Credit Reporting Act"},{"pubDate":"Thu, 11 Jun 2026 10:23:49 +0200","url":"https://www.berec.europa.eu/en/news/press-releases/berec-presents-its-assessment-of-the-digital-networks-act-proposal","titre":"BEREC presents its assessment of the Digital Networks Act proposal","source":"BEREC Office","id":2947754,"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"},{"titre":"FTC Begins Enforcing the TAKE IT DOWN Act","url":"https://www.ftc.gov/news-events/news/press-releases/2026/05/ftc-begins-enforcing-take-it-down-act","pubDate":"Wed, 20 May 2026 08:10:24 +0200","source":"Federal Trade Commission - Protecting America's Consumers","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,","id":2893630},{"pubDate":"Wed, 17 Dec 2025 09:50:37 +0100","titre":"FTC Will Require Illusory Systems to Return Money Stolen by Hackers and Implement an Information Security Program","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","id":2577895,"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","source":"Federal Trade Commission - Protecting America's Consumers"},{"pubDate":"Thu, 09 Oct 2025 15:53:21 +0200","titre":"DMA and GDPR: EDPB and European Commission endorse joint guidelines to clarify common touchpoints","url":"https://www.edpb.europa.eu/news/news/2025/dma-and-gdpr-edpb-and-european-commission-endorse-joint-guidelines-clarify-common_en","id":2425502,"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. ","source":"EDPB News"},{"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.","id":2368407,"source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2025/interplay-between-dsa-and-gdpr-edpb-adopts-guidelines_en","titre":"Interplay between the DSA and the GDPR: EDPB adopts guidelines","pubDate":"Fri, 12 Sep 2025 15:51:31 +0200"}]