Search results

EU Court declares 'Safe Harbor' data-transfer agreement invalid

Published on 07 Oct 2015.

The Court of Justice of the European (CJEU) has declared that the "Safe Harbor" framework agreement cannot be relied upon to justify transfers of personal data from the EU to the US.

Do you know you're being tracked?

Published on 05 Oct 2015. By Oliver Bray, Senior Partner

Do you own a smart phone? Do you always have WiFi enabled? If your answers to both these questions are yes, your movements were most probably tracked on your way into work today.

EU Consultation on standards for a Digital Single Market

Published on 24 Sep 2015.

On 23 September 2015, the European Commission launched a public consultation on information and communications technology ("ICT") standards for creation of a Digital Single Market.

Update: IT Suppliers beware! Your right to terminate on a customer insolvency is changing…

Published on 16 Sep 2015.

In September 2013 we reported on the Enterprise and Regulatory Reform Act 2013 which provided the Government with the power to extend the law regarding the supply of essential services to insolvent customers.

Article 29 Working Party keeps up the pressure on data reform discussions

Published on 02 Sep 2015.

The EU data protection reform package has entered its decisive phase. The first trilogue between the European Parliament, the European Commission and the Council of Ministers began on 24 June 2015 but, even at this late stage, there are many key concepts still to be finalised.

Transparency by design – putting FOIA at the forefront of public sector outsourcing contracts

Published on 20 Aug 2015.

Earlier this year, the Information Commissioner's Office (ICO) published a guidance document recommending some steps for public authorities (Authorities) to take when entering into outsourcing arrangements to help them comply with their freedom of information obligations.

Technology and cyber risk update

Published on 29 Jul 2015.

Drones – issues for casualty insurers

Digital content under the new Consumer Rights Act

Published on 14 May 2015. By Oliver Bray, Senior Partner

The Consumer Rights Act 2015 (CRA) comes into force on 1 October 2015. It will reform consumer law in the UK, in particular by setting up new consumer rights and remedies in respect of digital content.

UK cyber security: insure against 'rapid, highly damaging and public' threats

Published on 06 May 2015. By Mark Crichard, Partner

Cyber attacks present a daily threat to UK businesses and have become more destructive in recent years with data breaches and hacks frequently making front page news.

Court of Appeal opens the door to 'distress-only' data breach claims where no financial loss

Published on 21 Apr 2015.

In an important ruling, the Court of Appeal confirms that misuse of private information is a tort and rules on the meaning of "damage" under s13 of the Data Protection Act ("the DPA"), allowing claimants to recover compensation for "distress" resulting from a breach of the Act without also having to prove pecuniary losses.

Supreme Court clarifies the limits on contractual discretion

Published on 30 Mar 2015. By David Cran, Partner, Head of IP & Tech

A recent decision of the Supreme Court1 has confirmed that the limits on contractual discretion include a requirement to take relevant issues into account and that the discretion is not exercised irrationally.

CMA call for information on use of online reviews

Published on 12 Mar 2015.

Online reviews: love them or hate them, there is no escape. Products, services, large multinationals, SMEs, online or offline, almost everyone is being judged these days.

ICO fines online travel insurer £175,000 for failing to keep customers’ personal information secure

Published on 03 Mar 2015. By Oliver Bray, Senior Partner

The Information Commissioners Office (the “ICO”) has fined Staysure.co.uk Limited (“Staysure”), an online travel insurance company, £175,000 for its failure to comply with the seventh data protection principle, after IT security failings allowed hackers to access up to 100,000 customer financial records.

New powers to audit NHS authorities' data protection compliance

Published on 04 Feb 2015. By Mark Crichard, Partner

From 1 February 2015, the ICO will be able to subject public healthcare organisations to compulsory audits of their data protection compliance under section 41A of the Data Protection Act 1998.

New UK Procurement Rules Published for Consultation

Published on 09 Oct 2014. By Mark Crichard, Partner

Draft new Public Contracts Regulations 2015 and a Consultation Document on UK Transposition of the new EU Procurement Directives have recently been published by the Cabinet Office. This paves the way for the 2014 Directives to be implemented in the UK early next year.

FCA COMPLETES THEMATIC REVIEW OF MOBILE BANKING AND PAYMENTS

Published on 07 Oct 2014. By Mark Crichard, Partner

The Financial Conduct Authority (FCA) has recently published its findings following its thematic review of mobile banking and payments.

EU Consultation on Cloud Computing and Software

Published on 30 Sep 2014. By Mark Crichard, Partner

The EU has opened a public consultation to help define future research priorities in the areas of Cloud Computing and Software (including Open Source). Any and all stakeholders are invited to submit their views by 10 October 2014.

Arbitration or winding up?

Published on 17 Sep 2019. By Charles Allen, Partner & Head of Hong Kong office

In But Ka Chon v Interactive Brokers LLC [2019] HKCA 873, the Hong Kong Court of Appeal upheld a lower court's decision to reject an application to set aside a statutory demand. The appellant had argued (among other things) that an arbitration clause in his agreement with the respondent required their dispute to be referred to arbitration.

Restructuring Plans – A Sea Change?

Published on 26 Oct 2022. By Paul Bagon, Partner and Will Beck, Of Counsel and Knowledge Lawyer

Full and frank disclosure means more than just putting relevant matters in evidence – a new year warning in UKIP v Braine & Others

Published on 24 Jan 2020. By Geraldine Elliott, Partner

New year, new reminder of the obligation to make full and frank disclosure in without notice applications, this time in the context of a falling out within the UKIP party. The obligation can only be satisfied by drawing the court's attention to legal or factual matters which could undermine the applicant's own application; it is not enough to simply put relevant matters in evidence before the court (UKIP v Braine & Others). Injunction, confidential, publication and non-disclosure.