Home > Legal Opinions tagged IT Contracts

  • 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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  • ICC leaves a trail of crumbs to cookie compliance

    Laura Mackenzie

    With the impending deadline of 25 May 2012 for compliance with the regulations on cookie use looming large for many businesses, the International Chamber of Commerce (ICC) UK has this week published some helpful guidance for those who are still unclear on how they ensure their use of cookies on websites will not fall foul […]

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  • O’Dwyer extradition raises copyright profile

    Laura Mackenzie

    As Cameron and Obama were recently discussing the current extradition laws between the 2 countries, Home Secretary Theresa May approved the extradition of Richard O’Dwyer to the US, after a UK court had earlier decided he could be extradited for copyright infringement for hosting sites that provided links to unauthorised copyright material on other sites, which […]

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  • Creating a more “cloud-friendly” Europe

    Richard Nicholas

    At the World Economic Forum recently Neelie Kroes announced the setting up of the “Cloud Partnership”. With it she announced a policy to increase the uptake of cloud computing throughout Europe through the creation of common standards and regulation, together with an initial investment of Euro 10 Million from the European Commission to make it […]

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  • Collaboration key to cyber crook crackdown campaign

    Richard Nicholas

    Francis Maude has launched the UK Government’s Cyber Security Policy – £650 Million to be spent over four years for a National Cyber Security Programme (NCSP), the establishment of a Cyber Crime Unit (crime) and a Joint Cyber Unit (military defence). So what will these new cyber-men and cyber-women be doing? Looking at risks in […]

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  • Google increases patent arsenal

    Ryan Harrison

    With its recent acquisition of 1,023 patents from IBM, Google now owns approximately 20,000 patents. Previously, Google has lagged behind its competitors in developing a substantial patent portfolio and, as a result, has been seen in some quarters as vulnerable to patent infringement litigation. However, following its acquisition of Motorola Mobility in August, and the […]

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  • Putting the “gross” in gross negligence

    Richard Nicholas

    Unlike other jurisdictions, courts in the UK have not normally made a distinction between gross negligence and negligence of any other kind (para 54). In a recent case however where a set of terms and conditions excluded liability for negligence “other than gross negligence or wilful default”, the court held that a distinction does exist […]

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