IT contracts and disputes have long concentrated on functional specifications, tests and defects to assure that projects deliver what is intended. This is only part of what is required. William Hooper examines the role of design in contract and dispute….
The Upper Tribunal has dismissed the ICO’s appeal in ICO v Experian [2024] UKUT 105 (AAC). Experian is a well-known credit reference agency. It holds and processes data relating to over 51 million people living in the UK (effectively the entire adult population). It also processes the data of UK residents to provide marketing services…
Read More… from Upper Tribunal issues ruling in ICO Experian case
An increasing number of IT disputes occur within the context of digital transformation. What are the implications of this for those who seek redress? In a previous article, I addressed a definition of digital transformation and identified some of the factors that may give rise to disputes.[1] An awareness of that may usefully inform those…
Advocate General Szpunar (AG) has issued an Opinion in Case C‑159/23: Sony Computer Entertainment Europe Ltd v Datel Design and Development Ltd and others. The Advocate General has expressed the opinion that Article 1(1) to (3) of Directive 2009/24/EC on the legal protection of computer programs (Software Directive) must be interpreted as meaning that the…
UK law UK government announces new law to tackle deepfake creation The Ministry of Justice has announced a new offence for individuals who create a sexually explicit deepfake even if there is no intent to share. Offenders will face prosecution and an unlimited fine and if the image is shared, offenders may be subject to…
The Vice President of the Court of Justice has ruled in Case C-639/23 P(R) European Commission v Amazon Services Europe Sàrl. In April 2023 the Commission adopted a decision under the Digital Services Act which designated Amazon Store as a very large online platform. Among other things, this meant that Amazon Store is obliged to…
UK law Patents Court refuses interim declaration that draft licence is FRAND The Patents Court has recently issued its judgment in the case of Lenovo Group Limited and others v Interdigital Technology Corporation and others [2024] EWHC 596 (Ch). It refused Lenovo’s application for a declaration that a proposed draft interim licence of various cellular…
UK law ICO publishes new fining guidance The Information Commissioner’s Office has published new data protection fining guidance setting out how it decides to issue penalties and calculate fines. The guidance aims to provide greater transparency for organisations about how the ICO uses its fining power. Publication of the guidance follows a consultation last year….
Find out all about this weeks tech law news round up here…
The Court of Appeal has issued its ruling in the long-running saga of Ms Parker Grennan v Camelot UK Lotteries Ltd [2024] EWCA Civ 185. Facts of case The appellant P played an instant win game on the National Lottery website, which was operated by Camelot at the time. The game display screen displayed the…
Read More… from Court of Appeal confirms terms of lottery instant win game were enforceable