Home > Legal Opinions tagged IT Contracts

  • app providers respond to ASA rulings on freemium apps

    Paula Dumbill

    Over the last 24 hours the App Store has responded to ASA rulings on misleading ads by making apps that were previously offered as ‘free to play’ now accessible via a ‘get’ option. Also, the words ‘offers in-app purchases’ are clearly positioned at the ad offer stage. In July this year the ASA ruled that […]

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  • ICO’s annual report announces growth in data protection complaints

    Richard Roberts

    In its annual report, the Information Commissioner’s Office (ICO) has revealed a record number of data protection and freedom of information complaints in the financial year 2013-2014. Following this year’s revelations by Edward Snowden, and the continued growth of ‘big data’, the cloud and social networking, the report shows a 10% year on year increase […]

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  • Government in a rush to plug data gap

    Helena Wootton

    Following the ruling by the European Court of Justice on the invalidity of the Data Retention Directive as an unlawful intrusion of privacy, the UK government has proposed the Data Retention and Investigatory Powers Bill to deal with the retention of telecommunications data. Under the Bill, telecommunications operators are required to retain communications data for […]

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  • continuity of supply of essential services to insolvent businesses

    Dominic Offord

    The Government has opened a consultation to consider the powers contained in the Enterprise and Regulatory Reform Act 2013 which may be exercised in order to ensure the continuity of the supply of utilities and IT goods or services to insolvent businesses. Whilst there are provisions in the Insolvency Act 1986 which already seek to […]

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  • advertising standards agency ruling may hit app industry hard

    Paula Dumbill

    The ASA has ruled that an email advertising the Electronic Arts Ltd app ‘Dungeon Keeper’ as free was misleading. Dungeon Keeper is one of many ‘freemium’ apps. The successful freemium business model allows the app to be used, usually in full, for free, but requires the user to pay to remove limitations. A recent study […]

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  • ASA rules that paid-for content must be obviously “paid-for” online

    Susie Orton

    The Advertising Standard Authority (ASA) have ruled on the 18th June 2014 that paid-for content recommendations often found at the foot of articles which contain the same look and feel as the website – should be more clearly identified as marketing communications to avoid being misleading. The ad complained of was placed by Outbrain and […]

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  • new public procurement thresholds published

    Alex Kynoch

    The European Commission has published the new public procurement thresholds to apply from 1 Jan 2014. The new thresholds are set out below with the previous figures in brackets Central government supply and service contracts/design contests: EUR 134,000 (130,000) / £111,676 (113,057) Other contracting authority supply and service contracts/design contests: EUR 207,000 (200,000) / £172,514 […]

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  • cyber-attacks on the rise - are you prepared?

    Richard Nicholas

    A report published today by the Home Affairs Select Committee highlights the increasing number of cyber-attacks made on UK Businesses and Government. These attacks (which include theft of personal data, theft of intellectual property and attacks on IT systems) can be very damaging and expensive for those affected. They also affect considerably more businesses than […]

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  • When is a warranty also a representation?

    Richard Nicholas

    Where a seller of a business gives a ‘warranty’ that certain facts are true (e.g. that accounts are accurate), can the buyer bring a claim for misrepresentation if they’re not? In a recent case the court found a problem with the word ‘warranty’ when bringing a claim for misrepresentation. The court felt the need to […]

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  • IP mediation service launch for SMEs – how useful will it be?

    Peter Ellis

    The Intellectual Property Office (IPO) is encouraging SMEs  (small and medium enterprises) to use its recently introduced mediation service to solve disputes between rights holders and others. However, a rights owner should first consult the IPO website as the service cannot deal with all disputes, such as those concerning: distinctiveness of a trade mark trade mark […]

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  • Price rises in fixed term contracts with communications providers;...

    Laura Mackenzie

    Ofcom intends to amend the rules applicable to communications providers’ (for mobile, landline and broadband services) fixed term contracts with consumers. Following a detailed review, Ofcom’s preferred proposal is to amend the existing rules (which many consider biased against the consumer), so that consumers are able to withdraw from a contract without penalty (e.g an […]

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  • Interactive credit card – too revealing for comfort

    Paula Dumbill

    Mastercard’s launch of a new interactive “DisplayCard” with LCD screen and touch sensitive buttons allows users to generate a one-time password, simplifying the authentication process for on-line purchases and streamlining the customer purchasing experience without any apparent compromise of data security. Mastercard claims that the DisplayCard could allow card users to check their balances, reward […]

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  • New guidance on tackling cyber crime

    Helena Wootton

    The Government has issued new guidance on Cyber Risk Management for the most senior level employees in UK companies. The guidance follows a recently published Cabinet Office report on the Cost of Cyber Crime which addresses the breath of the cyber crime issue. It estimates that cyber-attacks can cost the UK economy £27 billion a year […]

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  • Practical guide to IT security

    Sara McNeill

    The Information Commissioner’s Office (ICO) has issued a practical guide to IT security for small and medium sized businesses. The punchy guide focuses on the need for businesses to keep their IT systems and personal data held within them secure, and proposes a two pronged approach: undertaking an initial assessment of the risk to personal […]

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  • Limiting contractual liability; beware of conflicting insurance pr...

    Laura Mackenzie

    In a case which considered the provisions of the Unfair Contract Terms Act 1977 a project manager, who was sued for losses arising on a delayed project has been prevented from relying on a liability cap, due to the substantial insurance cover that was also provided for in the contract. The liability cap imposed was […]

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  • “Safe Harbor” – not safe enough for cloud comput...

    Richard Nicholas

    Can you rely on Safe Harbor Certificates when transferring personal data to the USA? Not according to a recent EU opinion. Companies planning to transfer personal data to the USA (e.g. when switching to a US based cloud computing provider) need to make sure they don’t breach their obligation not to transfer personal data outside […]

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  • When a software “licence” becomes a “sale”...

    Richard Nicholas

    Call me a pedant if you will but when someone says they’re “buying” a software licence, its always sounded wrong to me – if only because of the distinction between “buying” and “licensing”. Yet as far as the ECJ is concerned  a perpetual licence of software should be treated as equivalent to a “sale” for […]

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  • Cookies – Implied consent is ok, according to new ICO guidance

    Laura Mackenzie

    Revised guidance from the Information Commissioners Office (ICO) suggests that implied consent of website users to cookie use may be reasonable in the context of storage of, or access to, information, at least where non-sensitive personal data is concerned, but only where it is ‘specific and informed’ and there is some action on the part […]

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  • Communications Data Bill

    Laura Richards

    One of the bills introduced in the recent Queens speech of interest to the IT/IP sector is the Draft Communications Data Bill. This Bill will ensure that relevant authorities can monitor communications data. The government has proposed this measure to meet the need of enforcement and intelligence agencies to access data to protect the public. […]

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  • Mobile F*lters

    Laura Richards

    A report by the Open Rights Group has stated that filters on mobile phones are incorrectly preventing access to some innocent websites, which could have wide-ranging impact. The tools have been designed to filter out pornography to prevent children viewing inappropriate content on their mobile phones. Many phones come with this feature as a factory […]

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