The following TMT practice note provides comprehensive and up to date legal information covering:
This tracker tracks the major developments in the initiatives that form the European Commission’s Digital Single Market (DSM) strategy for Europe.
In 2015, the Commission launched its DSM strategy, with the intention of creating a DSM across the EU. For background, see:
the Commission’s Communication of May 2015
the European Parliament’s resolution of January 2016, and
the Commission’s Mid-Term Review
The Commission has rolled out its strategy thus far using a mixture of legislation, decisions, recommendations, communications and guidance.
This tracker tracks major recent legislation introduced as part of the DSM. For a complete guide to the progress of all DSM initiatives, including previously implemented legislation, see the Commission’s DSM website.
The DSM is separated into six building blocks as follows:
Blocks related to digital services used by European consumers and citizens:
Building block one—e-commerce and online platforms. The initiatives in this area aim to improve the ease of cross-border trade and harmonise rules on operations of online platforms, with some introducing cross-border portability of digital content and the prohibition of unjustified geo-blocking
Building block two—e-government services. As e-government services are run by each Member State, the aim of these initiatives is to encourage best practice across the EU and interoperability between the different national public services, for example by setting up a single digital gateway
Blocks necessary to ensure the development of and trust in private and public digital
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Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they can, as a matter of law, be called by a party to give evidence. All people are deemed competent to give evidence, whatever their age, at every stage
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
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