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Please note the Law may have changed since publication of articles.
Cloud Computing – outsourcing the services, not the liability
Whilst the economic advantages of cloud computing services are compelling, there are major legal risks which, in certain situations, outweigh the potential cost benefits. Technological progress and globalisation have profoundly changed the way our data is collected, accessed and used. When we talk about cloud, we are referring to a wide ambit of services, notably [… read more]
Cookie Law: exemptions for providers of online games
The new cookie law has been in force in the UK for almost two months, and requires websites to gain explicit consent from users before using cookies. However, there are a number of exceptions to the rule that could lessen the burden for online gaming service providers. Simon Halberstam, Technology partner writes for the World [… read more]
Virtual currency in gaming – could regulatory law change the rules?
The precise placement of the boundary line between gaming and gambling is a matter that inevitably provokes strong reactions from operators, lawyers and legislators. The classification of an activity as falling into either camp carries not only social connotations, but also very real legal and regulatory implications. What can be said with certainty is that [… read more]
Online privacy: how to comply with the new law on cookies
On 26 May 2012 the Electronic Communications (EC Directive) Regulations 2003, which governs websites’ use of cookies in the UK, came into force. At the time of writing, very few websites are compliant. The new law requires websites to gain explicit user consent to receive a cookie prior to deployment. The precise requirements for compliance [… read more]
Privacy: Pornography – should we opt-in to opting out?
The suggestion by the cross-party ‘Independent Parliamentary Enquiry into Online Child Protection’ (the ‘Enquiry’) that Internet Service Providers (“ISPs”) be obliged to implement an ‘Opt-Out’ filter for adult material has been greeted enthusiastically by several news outlets; but would implementing such a proposal really do any good? In essence, the Enquiry’s proposal is that ISPs [… read more]
Patents: Where will the dust settle after Yahoo and Facebook have fought it out?
Late nights for Facebook’s legal team in the wake of Yahoo! filing a suit against the social network claiming that it operates in breach of ten patents held in Yahoo’s portfolio. Outsiders were quick to note that Yahoo didn’t seem to have a problem with Facebook’s technology until very recently, many going so far as [… read more]
Defamation and Unlawful Acts Online: Blogger defends its right to provide access to controversy
Tamiz v Google Inc is the latest in a series of cases in which individuals have sought damages from Google in respect of allegedly defamatory material published about them on its ‘Blogger.com’ platform. Google’s usual policy for dealing with such complaints is to refuse to take sides, awaiting a court order before taking action. This [… read more]
The EU Objection to Google’s Combined Privacy Policy Explained – It’s not what you do, it’s the way that you do it
March is proving to be an exciting month for European technology and privacy lawyers, notably with the Commission Nationale de l’Informatique et des Libertés(CNIL)’s announcement that Google’s new privacy policy is likely to be in breach of European Law. At a first glance, such a proclamation sounds ominous for all organisations that collect user data in [… read more]
Online privacy: how to comply with the new law on cookies
ONLINE PRIVACY: HOW TO COMPLY WITH THE NEW LAW ON COOKIES – 29 MAY 2012 On 26 May 2012 the Electronic Communications (EC Directive) Regulations 2003, which governs websites’ use of cookies in the UK, came into force. At the time of writing, very few websites are compliant. The new law requires websites to gain [… read more]
Territorial Jurisdiction V The Internet – The EJC adopts a wider interpretation of jurisdiction in relation to privacy rights
Recently, there has been an interesting ruling by the European Court of Justice (ECJ) on two joined cases, both relating to alleged multi-jurisdictional defamation by means of material published on the internet. The inherent conflict of the globality of the internet and the territorially limited jurisdiction of national courts was the key issue. eDate Advertising [… read more]