01 July 2014
Organisations which send direct marketing emails should check their policies to avoid fines under electronic privacy laws. A court fined a high-street retailer this month for sending marketing emails to an individual, despite the fact he had created an online account and been given an opportunity to un-tick a box relating to receiving marketing emails.
10 June 2014
The Serious Crime Bill referred to in the Queen’s Speech on 4 June has now been published. It contains various measures aimed at tackling serious organised crime, strengthening powers to seize the proceeds of crime and protecting vulnerable women and children.
15 May 2014
Distance selling legislation in the UK is changing. The EC Directive on Consumer Rights (2011/93/EC) is due to be implemented across all Member States by June 2014 and replaces existing EU Directives on doorstep and distance selling, including off-premises contracts and online retailing whether via a business’ own website or an online auction site.
09 May 2014
Companies, charities and not-for-profit organisations will be able to certify that their internet security measures are fit for purpose using a new government accreditation scheme.
24 April 2014
A dispute arose in relation to IT and business process services provided to the DVLA by IBM. IBM subcontracted the day to day activities in relation to the IT infrastructure to Fujitsu whilst retaining responsibility for IT transformation and strategy.
17 April 2014
When parties have entered into a detailed contractual arrangement, the court is reluctant to interpret the written terms in a way which might “distort” the bargain they have made. If parties want an obligation of good faith to exist, they need to specifically include one – relying on the label of “partnering” is not enough.
07 April 2014
In March the European Parliament voted through the Network and Information Security (NIS) Directive. The NIS (or cyber-security) Directive was proposed in early 2013 and is intended to ensure a high common level of network and information security across the EU.
24 March 2014
Andrew Dunlop, a partner in the firm’s TMT sector team, has seen his contribution to a virtual roundtable on the topic of Outsourcing published in Corporate LiveWire.
18 March 2014
In three weeks' time, official technical support for Microsoft Windows XP and Microsoft Office 2003 will end. Any organisation using this software should be taking steps to ensure that their IT systems will remain secure after 8 April 2014.
27 February 2014
The Information Commissioner’s Office (ICO) has recently published its updated privacy impact assessments code of practice. The updated code includes useful guidance on when a privacy impact assessment (PIA) should be carried out and actions to consider at each stage of the process. It also offers some tips on measures that can be taken to reduce privacy risk.
28 January 2014
The Consumer Rights Bill, the most wide ranging reform of consumer law in decades, has been laid before Parliament. The Bill consolidates the majority of UK consumer law relating to the sale of goods, supply of services and unfair contract terms. It also includes specific, new provisions for the supply of digital content.
13 January 2014
The Information Commissioner's Office (ICO) is consulting on a new approach to how it manages data protection complaints. Our Data Protection team take a closer look at the proposed changes.
10 January 2014
The ICO has recently published guidance for app developers setting out questions that should be considered during the development cycle and the relevant requirements under the Data Protection Act. Whilst the guidance is aimed at developers, clearly any organisation that offers consumers apps should take note.
26 November 2013
In the leading software copyright case of SAS Institute Inc v World Programming Ltd, the Court of Appeal recently dismissed an appeal by SAS concerning the extent to which copyright protection can be granted to computer software. It confirms that establishing infringement will be difficult unless you can prove there is access to and copying of the source code.
26 September 2013
The Information Commissioner’s Office (ICO) has always recommended encrypting any files or portable media containing personal data. The ICO has now written a short blog post on how encryption works and some of the available encryption options.