Tag Archives: Hellstrom

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The Kissie Case

Alexandra Nilsson runs one of the most famous lifestyle blogs in Sweden where she writes about fitness and fashion. The blog has more than 120,000 readers every day.

The Consumer Ombudsman (Sw. Konsumentombudsmannen) has brought an action against Kissie accusing her for not having adequately indicated that the content which she is posting on her blog comprises marketing[1]. Kissie operates her blog via the company Kissie Media AB (“Kissie Media”). The Ombudsman claims that Kissie has given the impression that she is recommending a service as a consumer when the recommendation in reality comprises marketing in the operation of Kissie Media’s business. The Ombudsman demands that the court shall prohibit Kissie to publish such content and to not adequately indicate that content on her blog, Instagram or on other similar social media contains marketing.

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Drones – a Threat to Personal Integrity?

The Swedish Supreme Administrative Court (Sw. Högsta förvaltningsdomstolen) has ruled that drones equipped with a camera are covered by the Swedish Camera Surveillance Act [1]. The court stated that the camera drone can be used for personal monitoring, although it is not the purpose and that the camera therefore is to be regarded as a surveillance camera. The judgement means that those who want to fly a drone with a camera in public places are obliged to apply for a license for camera surveillance. Opponents say that the judgement jeopardizes a complete industry and that the use of new technologies, important to society, is aggravated.

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E-Commerce and the obligation to inform consumers about the ODR platform

All companies established in the EU, which are conducting e-commerce business, shall provide information about ODR (Online Dispute Resolution) and a link to the European Commission’s online platform ODR on their web sites, see http://ec.europa.eu/odr. This applies also when the company only offers its products or services to consumers on the Swedish market. Furthermore, the e-commerce company shall present their e-mail address and the web address and e-mail address of the Swedish National Board for Consumer Disputes (Sw.  Allmänna Reklamationsnämnden – ARN) on its web site. ARN has been appointed as the Swedish ODR institute. Information about the ODR platform and ARN shall also be provided in the company’s general terms and conditions.

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The Supreme Administrative Court Says “No” to Petroleum Companies “Black List”

A security company, Stanley Security Sverige AB, has created an innovative system to register car drivers who fill up fuel at a petrol station and leave without paying.

The actual system was planned to be carried out in the following way: If a car leaves without paying, the staff at the petrol station will send information of the car (the vehicle registration number, car model, unpaid amount etc.) to a central database, which registers the information on the “black-list”. When the same car arrives to other petrol stations which are connected to the database, a special camera at the petrol station monitors the vehicle registration plate and compares automatically with the registered vehicle numbers on the black-list. If the car is on the black-list, the staff will be notified and can demand that a payment shall be made in advance. After the car has been registered on the black-list, the car owner will be informed and given an opportunity to object to a potentially erroneous registration.

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The Court of Justice Ruling: US Safe Harbor Not Valid

The Court of Justice of the European Union (CJEU) has in a ruling on 6 October 2015 – Maximillian Schrems versus the Data Protection Commissioner ¹, declared the decision by
the European Commission on the adequacy of US Safe Harbor ², to be invalid.

The case concerns a complaint from Maximillian Schrems, an Austrian citizen, to the Irish Data Protection Commissioner regarding Facebook’s transfer of personal data from the EU to the US. The personal data of Facebook users within the EU is collected by Facebook’s subsidiary in Ireland and then transferred to servers hosted by Facebook’s US entity. The transfer is conducted on the basis of Facebook US Safe Harbor certification. Mr Schrems argued that the US and the Safe Harbor regime did not offer an adequate level of protection for the personal data of EU citizens as the US authorities could get hold of the personal data for non-specific surveillance and monitoring operations – this in light of the revelations made in 2013 by Edward Snowden concerning the activities of the US intelligence services, in particular the NSA. The Irish authority rejected the complaint. The High Court of Ireland, before which the case was brought, asked the CJEU for a preliminary ruling.

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THE U.S.– SWEDEN I.G.A.: A PRACTITIONER’S PERSPECTIVE

Sweden recently entered into an intergovernmental agreement (“I.G.A.”) with the U.S. to address the application of F.A.T.C.A. to Swedish financial institutions. The subsequent modifications to Swedish law to accommodate the I.G.A. were made public on August 11, 2014 in a proposal by the Ministry of Finance.102 The proposal added numerous modifications to the requirements for compliance and published the reporting forms that will be due starting next year. Read more by clicking the link to the right.

The article is taken from The Ruchelman Law Firm’s Insights Vol. 1 No. 8. You can read the complete newsletter by clicking the link to the right.

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WILL THE OECD BE ABLE TO ”RINGFENCE” TAXATION OF E-COMMERCE?

As most of the readers know, the OECD administers the Base Erosion & Profit Shifting Project (the “BEPS Program”) and its fifteen action plans. Below are some comments regarding action plan no. 1 – which is focused on the digital economy and the challenges it may create from a tax point of view. In this context, it is important to bear in mind that the end result of the BEPS Program is not to introduce proposals for new legislation in the member countries. On the contrary, but the BEPS Program modifies the OECD Guidelines, which means that the final changes effectively will become “applicable rules” by the tax authorities.  The benefit – as seen by the politicians – is that this means that the changes will not need to be passed by the parliaments and legislative bodies of the different countries. More…

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NEW DATA PROTECTION REGULATION

In January 2012, the European Commission proposed a reform of the EU’s data protection rules. The reform consists of a draft regulation setting out a general EU framework for data protection (COM (2012) 11) (the “Regulation”) and a draft directive on protecting personal data processed for the purposes of prevention, detection, investigation or prosecution of criminal offences and related judicial activities. More…

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HELLSTRÖM RECRUITS NEW LAWYERS YOU WANT ON YOUR SIDE

Hellström continues to expand: Peter Utterström and Leif Frykman appointed as Senior Counsels.

Peter Utterström has more than thirty years’ experience in Swedish and international business law. Peter specializes in M&A, company- and corporate governance (both compliance and governance), Swedish and international corruption as well as Swedish and international tax law. Peter is also an advisor and frequent speaker on tax and anti-bribery matters – Swedish as well as international. More…

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HELLSTRÖM ADVOKATBYRÅ VÄLKOMNAR NY BITRÄDANDE

Hellström fortsätter att expandera och välkomnar Kristoffer Clausen som biträdande jurist på advokatbyrån. Kristoffer kommer närmast från en tjänst som hovrättsfiskal på Göta Hovrätt. Mer om Kristoffer Clausen finner du i länken till höger. More…

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