Paul Gershlick analyses an important recent case. In J Murphy & Sons Limited v Johnston Precast Limited, the Regus severability approach was followed and a novel implied contract term which has major implications for IT contracts appears to be recognised: an ongoing implied duty to warn….
Read More… from Severability Latest and an Implied Duty to Warn
Jean-Jacques Sahel, writing purely in a personal capacity, considers the approach which should underpin any legislation on electronic communications and argues that the extraordinary nature of the Internet requires a principles-based approach to inform legislation rather than narrow sectoral regulation. This article arises from a presentation at the SCL Forum held in September 2008 ‘Legislating for Web 2.0 – Preparing for the Communications Act?’…
Read More… from Towards an (Electronic) Communications Act 2011
Andrea M. Matwyshyn covers the issues surrounding behavioural targeting, such as offered by Neubad in the USA and Phorm in the UK. The requirement for consent in data protection terms and the possible need for international harmonization are among the topics she discusses. This article arises from a presentation at the SCL Forum held in September 2008 ‘Legislating for Web 2.0 – Preparing for the Communications Act?’…
Read More… from Behavioural Targeting of Online Advertisements and the Future of Data Protection
Chris Reed considers the development of intermediary immunity, changes in technology and social use that bring it into question and the balancing exercise involved in the formulation of a new policy. Most tellingly, he puts forward a suggestion for the future of the immunity and reforms of the legislation that created it. This article arises from a presentation at the SCL Forum held in September 2008 ‘Legislating for Web 2.0 – Preparing for the Communications Act?’…
CMS partners Paul Sheridan and Ian Stevens explain how the move towards a low carbon economy could have an impact on business valuations similar in scale to the credit crunch….
Paul Longhurst’s carefully considered predictions somehow disappeared into the ether, but deserve a proper audience. Read his predictions for IT developments in the law firm in 2009….
The ICO has launched a public consultation prior to publishing a Privacy Notices Code of Practice….
Read More… from Privacy Notices Code of Practice Consultation
Anthony Sourgnes looks at what multi-sourcing is, and at its main advantages and disadvantages….
Mainly rain with occasional showers: Pearse Ryan offers his weather forecast for IT lawyers in the current climate….
Read More… from Predictions 2009: A Gloomy Forecast for IT Lawyers?
This is a selection of the predictions on the SCL Web site. These predictions cover developments in IT law and expected changes in social trends that have an impact on IT law….