Lokke Moerel analyses the GDP’s provisions dealing with special categories of data and the crucial ambiguity surrounding when supervisory authorities need to be consulted…
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Intelligent Contracts – Is this the Way Forward?
While all commercial contracts are supposed to encapsulate some of the drafter’s intelligence, Kevin Gidney explains a concept that seeks to go beyond this (and beyond smart contracts) and make fuller use of artificial intelligence. He also highlights some possible applications for Intelligent Contracts….
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‘Durable Medium’ and Providing Information under the PSD
Chris Finney looks at a recent Attorney General’s Opinion and sees it as a useful prompt for financial services organisations to review their compliance with their duty to provide information to customers….
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SCL Event Report: Foundations of IT Law – Risk, Cyber and Computer Misuse
Quentin Tannock reports on the latest event in the Foundations of IT Law series (Module 7 – Cycle 2), held on 14 September 2016 and hosted by Orrick, Herrington & Sutcliffe (Europe) LLP….
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Brexit, Copyright and Liminality
Laurence Kaye considers the likely impact on the UK of the proposals from the EU Commission for a new Copyright Directive…
Competition in Data Feeds: Court Confirms Commission View
The General Court of the EU has confirmed the Commission’s decision to accept the commitments of Thomson Reuters intended to remedy its abuse of a dominant position in the market for consolidated real-time data feeds…
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McFadden: Free Wifi, Liability and Passwords
The operator of a shop who offers a wi-fi network free of charge to the public is not liable for copyright infringements committed by users of that network. However, the CJEU suggests that an operator may be required to password-protect its network in order to bring an end to, or prevent, such infringements….
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Book Review: Celebrity and Royal Privacy, the Media and the Law
Laurence Eastham reviews Professor Robin Callender Smith’s book, published by Sweet & Maxwell in December 2015 (ISBN: 9780414050877, £175, 563 pp)…
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TVCatchup Case: A-G’s Opinion on Cable and Copyright
The questions referred by the Court of Appeal in ITV Broadcasting Ltd & Ors v TVCatchup Ltd & Ors are now the subject of an Opinion from and Advocate General…
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Hyperlinking Judgment from CJEU
According to the CJEU, ‘financial gain’ is the key differentiator when seeking to determine whether hyperlinking to material that is hosted in breach of copyright makes the poster of the link liable. If there is financial gain, knowledge of the breach is to be presumed. Where there is knowledge, there is liability….