1. “Internet laws must be rigid and include non-flexible rules.

” Is this statement true or

false? Elaborate your answer
This statement is false, because, for example, when we are talking about freedom of
expression on the internet the laws can be very flexible, and people could be crossing
a red line and still not be punished by the law, because they are on the internet.
Lidia’s answer: False, it has to be flexible to cover different topics of the internet, it
should adapt to technology changes and cover the potential possibilities that could
happen on the internet. They should also be global as the internet is accessible from
any part of the world.
Apunts:
- Complexity of the internet and its potential liabilities, internet laws must be
flexible enough to cover all possibilities.
- Internet is a global interface; needs to be a global law. It cannot be entirely
bound by the laws of one geographical authority, such as a single country’s
government.
- The high speed of technology developments is in contrast with super
slow-law-making process.
2. A famous cinema director checking in at the reception of a hotel with a 15
year-old girl. A press- photographer, who is in the hall of the hotel, takes a picture
of them and posts it on his official Twitter account, with the text “Here comes a
new case of “MeToo! Not only a sexual predator but a paedophile!” Can the
director make a legal action against the photographer? Is the photographer
covered by any law?
Lidia’s answer: The director can take legal actions because it is attempting his
right to honor and self-image.
On the other hand the photographer can be covered by the media’s freedom or
freedom of information, and they are being professional and covered by a
media on the back. But the law can only be applicable if the information has to
be true and we don’t have evidence and it should not contain any insults, and
the photographer is naming him a peadophile with no evidence on how that girl
is. And also the evidence had to be taken in a legal way, and the photographer
 is in a private space but it is open to the public, so the person being
photographed needs to take care of his own image.
3. The company “Mikens” produces and sells pipes, only B2B. They have a data base
with data of all their costumers and providers, who are only companies. “Mikens”
has 112 employees. Must “Mikens” be compliant with the General Data Protection
Regulation (GDPR) rules? Elaborate your answer.
No, because General Data Protection Regulation applies to:
- The processing of personal data regarding individuals in the EU
- The processing of personal data wholly or partly by: individuals, companies or
organizations. Or by automated means or any other filling system.
So, in this case, the regulation would not be applicable because, we are not talking
about personal data from natural persons, they are only processing data form the
company not its employers.
Lidia’s answer: data protection is only for natural people. If Mikens is set in Europe,
they would not be compliant with GDPR for data of companies and providers
because they are legal persons and do not apply to GDPR. But they do have to be
compliant with the GDPR under the data they have on their 112 employees. But this
only applies if Mikens is set in Europe.
4. When typing “fake nike” on google this is shown. Is there any IP infringement?
Indicate all the infringements, elaborate your answer.
Yes, this is an IP infringements, on:
- Trademark, since the website is using nike name and logo, and the official
company has it protected.
- Design, as they are copying the design of the shoes, and it is registered.
Lidia’s answer: there is more than 1 infringement
- Trademark: because they are using the name, the logo, the design of the shoe
and we could even say the name of the model.
- Using nike as a keyword and adding the word fake to the name of the brand.
- Digital service act and digital marketing act, putting the focus on the
gatekeeper, because if they are creating the risk they should as well take
some responsibilities. So Google could also be responsible for providing
results on the combination of those 2 words (fake nike).
5. You want to place an order at a shoes online store in France, which is in French
Language, and you are automatically redirected to the Spanish version of the online
store.Can the website redirect to your country website, as it is in Spanish? Are they
infringing any rules? Elaborate your answer
Lidia’s answer: They are infringing the goblocking rule, as they are redirecting you
without asking. Because you have the right to buy on the French website with the
french prices if you want to.
Explanation of geoblocking: Geoblocking is when you are blocked to a website
because of your localization, because of the place of your connection. It happens, for
example, when you get into nike.com and sometimes it appears a message saying
that they detected you are in Spain and asking if you want to be redirected. If they
ask you it's legal, if they automatically redirect you without asking that is illegal. You
have to be able to do the same thing you do offline that online, so you should be
able to buy in any country from the EU online if you want to, and not be redirected.
There are also other ways to be geoblocked, for example:
- Providing different ways of payment, when paying on a french website and
putting a card from Spain and they do not accept this card, that is geo
blocking.
The geoblocking says that e-commerce are obliged to send the goods, but not the
delivery. For example, you buy a computer from an Italian website and they tell you
they only do deliveries in Italy, that is legal, and you should organize the delivery to
your country. This is for products, but for service they should be in the same
conditions for all member states. For example, when renting a car if the companies
demand 4 years of driving license from Spain and only 2 for the driver's license form
France this is geoblocking. The discrimination for the nationality of the user is
geoblocking.
6. Could this ad be considered unfair according to advertising rules? Which are the
main issues?
This ad could be misleading as it gives the impression of the product being healthy,
and then having 11g of sugar. And it also, can have the issue to be addressed directly
to kids as they are their main consumer, and this coils lead to the “manipulation of
children”.
 Lidia’s answer: the first impression of the customer is that this product is healthy by
having less sugar and being nutritious, and it is not healthy because it still contains
11g of sugar. So this is a misleading advertisement, because it seems to be healthy
and it is not, although they specify in a very small letter that the first impression is
false. And we could also be talking about not respecting a code of conduct, by
promoting to children a not healthy product as a healthy one. We can say it is
directed to children because of the rabbit and the colors, and we can not promote
unhealthy food for kids.
7. Indicate if the following posts may be considered as commercial communications and
if they are compliant. Elaborate your answers.
- On the first post we could perfectly consider it as an ad, because they are
tagging the restaurant on the post, giving a perfect review and also talking
about a draw the restaurant will be making in the summer. This ad is not
being compliant as they are not indicating it as an ad, in any part of the post.
And the code applies to the fact of restaurants giving food for free in
exchange of publicity from the influencers.
Lidia’s answer: We can consider it as a commercial communication, first
because they are relevant, having 45 thousand likes. Then, they are tagging
the restaurant on the post and for the text itself, they are giving us a lot of
information about the products and the drawings the companies are going to
make in the summer, and they are trying to sell us the product. We can not
know if they are being paid but we assure they are not paying for these
pizzas. For all these reasons we can consider if this is a commercial
communication.
*For a post to the be a commercial communication, they should:
- Be relevant (followers and likes)
- The content of the post (text) is well written giving a lot of information
- They are being paid or giving something for free.
It is not complying because they are not indicating that it is an ad in any part
of the post.
- Second post, lidia’s answer: it is a commercial communication because it
provides the link of the product, gives a lot of information such as benedict os
 ingredients, and the focus of the image is the product not the girl. It is not
complaint because she indicated that there is a relation between her and the
brand but it is not saying that there is a paid collaboration, ad the
#collaboration does not clearly indicate that the post is an ad.
- Third post, lidia’s answer: We could say it is a commercial communication,
because he is giving you a present (probably from the supermarket), the logo
on the post could also give you the feeling that the importance of the post is
mercadona and not fitman power. If you are only providing option for a more
healthy diets, they you could just show the product from any supermarket
not the ones specifically form mercadona, and they also use the #mercadona,
so they are not promoting a healthy life but the healthy product from
mercadona. They are also a relevant person having more than 1.000 likes.
This post is not complaint as he is not indicating it as an ad.

8. Is this picture from a campaign launched on social media compliant with advertising
rules? Elaborate your answer.
Lidia’s answer: No, it is racist, it attempts against human dignity and fundamental
rights, it associates clean with white people.