ITechLaw eNews, December 2009                                                                 Sandra A. Jeskie, Editor in Chief 

Season's Greetings!

On behalf of the eNews editors and staff, we wish you and your family a very happy holiday season and New Year!

Thank you for your contributions to eNews. Your professional news and articles have helped us provide a quality publication.

We look forward to another great year in 2010!

The eNews Sampler: Brief Monthly Updates

In addition to ITechLaw's quarterly online law journal for members, the eBulletin (requires log in), ITechLaw often provides 1-2 short articles in the eNews each month. eNews articles not only cover brief legal updates but also give members an opportunity to share their unique professional experiences as they relate to ITechLaw.

ITechLaw encourages members to contribute to its publications. To submit your articles, please contact us. Submissions are subject to editorial discretion. Articles not used in eNews may be used in the eBulletin and vice versa.

Facebook's Privacy Practices
by Ole Horsfeldt
Gorrissen Federspiel

During 2009 the Danish Data Protection Agency (the DPA) – as several other national data protection authorities - has directed its attention towards Facebook and its compliance with local data protection legislation, in this case the Danish Act on Processing of Personal Data.
On 3 April 2009 the Danish Data Protection Agency (DPA) wrote a letter to Facebook. Facebook replied on 11 June 2009 and the DPA wrote to Facebook again on 29 October 2009.

The letters mainly revolve around five topics which will be described below: (1) the deletion of profiles on Facebook, (2) Facebook's requirements to delete profiles of deceased persons, (3) the access of third parties to information on Facebook, e.g. through use of applications, (4) Facebook's monitoring and retention of data, and (5) jurisdiction.

In addition to the above, in its second letter to Facebook the DPA expressed that it would appreciate if Facebook's work regarding the report of the Office of the Privacy Commissioner of Canada about Facebook's privacy practices will also apply to the Danish users. The DPA requested Facebook to report back whether this is the case.
Finally, the DPA expressed confidence that Facebook will conduct its activities in compliance with the Danish Act on Processing of Personal Data. The DPA additionally called for Facebook's attention to the recommendations for social network services operating in Denmark issued by the DPA:

The recommendations are a Danish version of the international resolution on Privacy Protection in online social network services. This resolution was adopted at the 30th International Conference of Data Protection and Privacy Commissioners in Strasbourg in October 2008 – please see for further details.

1. Deletion of Facebook profiles in general

In its first letter to Facebook, the DPA pointed out that several Danish users of Facebook have experienced problems in deleting their Facebook accounts. In its reply, Facebook specified that...

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ITechLaw Member Spotlight

Click here to submit your member news today

On November 23rd, 2009 ITechLaw Board Member Felix Hofer chaired a CLE seminar in Florence (Italy) for lawyers and practitioners, organized by the Italian Section of AIPPI in cooperation with the local Bar Association and focusing on "Procedural issues and peculiarities in IP litigation."

ITechLaw member Belén Arribas Sánchez recently gave a presentation on Women in IT at the Barcelona Bar Association Conference. Belén presented the ITechLaw website along with materials provided by the ITechLaw Women's International Network (I-WIN) Committee, helping showcase women in the IT law profession.

ITechLaw 6th International Asian Conference
February 4-5, 2010
Bangalore, India

This conference offers you unparalleled opportunities to focus on the latest regulatory, commercial and technology law issues faced by emerging and growth industries in India and Asia. Event highlights:

6th consecutive event of the ITechLaw India series
Supported by several of the largest law firms and associations

● Multi-Track Conference with over 60 International and domestic speakers

● Contemporary topics addressed by leading IT law experts drawn from some of the largest law firms around the world

Learn more here.

ITechLaw Welcomes Its Newest Members!




Joanna Beczek

University of Antwerp Brussels

Atul Dua

Seth Dua & Associates New Delhi

Martine Funston

Thales Toronto

Justyna Kowalczyk

University of Antwerp Brussels

Alzbeta Krausova

n/a Bierbeek

Marta Krecisz

University of Antwerp Brussels

Lorraine Kudom

University of Antwerp Brussels

Lucia Laurincova

University of Antwerp Brussels

Leena-Maija Marsio

F-Secure Corporation Helsinki

Elodie Medale

University of Antwerp Brussels

Konstantina Popova

University of Antwerp Brussels

Ornella Quarena

University of Antwerp Brussels

Gabriella Szasz

University of Antwerp Brussels

Linn Wredstrom

Advokatfirman Hammarskiold Stockholm

Olga Zagaj

University of Antwerp Brussels

Aleksandra Zawadska

University of Antwerp Brussels

President's Column, by Ursula Widmer

Dear ITechLaw Members and Colleagues,

I am pretty sure some of you will be reading this over the festive season, so let me start by saying happy holidays to you and your families.

As many of you know, ITechLaw's Committees meet three times a year during our annual conferences and offer valuable benefits to our members such as networking, publishing and educational opportunities. But you are probably wondering what our association offers you in between our conferences. Therefore let me highlight the activities of two of our Substantive Law Committees in the new year.

The Outsourcing Committee has been very active on ITechLaw Connect, where Best Practice Guides on key drafting topics are available, surveys on limitation and exclusion of liability and termination can be accessed, and international surveys are being prepared. According to Ole Horsfeldt, Chair of the Outsourcing Committee, the most promising feature of the website, is the "Innovation Lab." This is where members publish contract or provision templates on innovative concepts and methodologies. Take a look at the "Proactive Remedies" for complex transactions and see whether it may be a useful tool for you.

In the coming months, additional surveys and best practice guides will become available.

The Outsourcing committee is continuously looking for new materials to publish and welcomes contributions from all ITechLaw members. I invite you to join this committee and take this opportunity to publish.

The e-Commerce Committee is a network of lawyers from ITechLaw member countries who have a keen interest in e-commerce and want to make contributions to e-commerce legal issues. The committee currently has 90 members from 27 countries.

The e-Commerce Committee will shortly be calling for contributions to the "2009/2010 Survey of e-Commerce Legal Developments." This will be our third such annual survey. Its findings will be published at the ITechLaw Boston conference in May 2010. Don McAleese, Chair of the e-Commerce Committee, states that "the annual Survey of e-Commerce Legal Developments provides very interesting insights into the types of legal issues that ITechLaw e-Commerce practitioners are experiencing in their day-to-day practices. It is fascinating to see new e-Commerce legal trends emerge and to see how such issues and trends differ between jurisdictions and regions."

I kindly invite you to participate in the survey. It is easy to complete and takes very little time. Contributors identify what, in their experience, have been the most significant 3 e-Commerce related legal developments in their jurisdiction during 2009 and forecast what, in their view, will be the 3 most significant e-commerce legal issues to be addressed in 2010.

The "IT and Fundamental Rights" project will continue during 2010 under the chairmanship of Graham Smith and work on the "e-Payments and Fraud Prevention" project under the chairmanship of Stefan Schicker.

In the new year, both the Outsourcing and the e-Commerce Committee also plan to host a series of Webinars starting in January.

You will learn more about the activities of our other committees shortly. Feel free to contact the Committee Chairs directly. A list of all Chairs and Co-Chairs can be found here.

With my best regards and Happy Holidays,

Ursula Widmer
ITechLaw President


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