Welcome to this month's Inform: IP, Technology & Commercial In this months edition, we will look at a number of key issues hitting the headlines, including an update on data security legal issues, a review of the consultation issues arising out of the EU opinion on search engine providers and data protection, a look at the new ICC guidelines on whistleblowing and other stories relating to copyright and open source licensing.   We are putting in place a series of webinars on data protection and information security legal issues to be held over the winter months.   Robert Bond Head of IP, Technology & Commercial

Top stories

Data security law update In the European Union we are already seeing an increase in the demands for tougher penalties for data security breaches.  The UK Information Commissioners' Office is recommending encryption of personal data on portable devices in line with the requirements of the seventh principle of the UK Data Protection Act 1998.  Spain is upping its demands on businesses to implement tighter information security policies and procedures and the EU is implementing tougher controls on data retention and on notification requirements for breaches by internet service providers. Read more.   Search engine providers and data protection In April 2008 the Article 29 Data Protection Working Party (Article 29) issued an opinion on the application of data protection laws in the EU as they apply to search engine providers.   The Article 29 opinion was driven substantially by concerns that internet service providers were (and indeed still are) collecting substantial amounts of personal data without the consent (express or implied) of individuals. Read more.   Whistle while you work The current credit crunch and economic down turn highlights amongst other things the need for corporate governance and management controls.  Fraud remains one of the continuing problems for worldwide business. The International Chamber of Commerce has recently published guidelines for whistleblowing which they say "represents a valuable mechanism for economic fraud detection". Read more.

 

Events

IP, Technology & Commercial webinars   In our forthcoming series of webinars Robert Bond and his team of experts will address a variety of data protection and information law issues, using guest speakers from time to time. For more details, please click here.

Other stories

Virgin Media forced to give public undertaking for data protection breach

On the 30 September 2008 the UK Information Commissioners' Office announced that Virgin Media Limited had breached the UK Data Protection Act following the loss of an unencrypted CD containing the personal details of over 3,000 customers.  Virgin Media has been forced to implement a number of security measures to protect customers personal data in the future including encryption of all portable or mobile devices which store or transmit personal data and requiring any third party processing information on behalf of Virgin Media to also use encryption software as a contractual requirement. Read more.

 

IPO launches consultation on penalties for copyright infringement 

The UK Intellectual Property Office (IPO) has recently launched a consultation regarding the penalties for copyright infringement. This follows the recommendation of the Gowers Review that penalties for online and physical copyright infringement should match, and a subsequent report by the Department for Culture, Media and Sport which announced the Government's intention to consult on such penalties. Read more.

 

Open Source – "If I don't have to pay for it, can I do what I want with it?"
We generally accept that when we have to pay for a licence to use software then we are bound to observe the software licence and acknowledge the copyright of the software owner.  However, it is often presumed that if software is free then copyright and licence terms are no longer applicable. Read more.

 

London 2012 – Not the golden opportunity advertisers are hoping for?
The nation is still bathing in the afterglow of 'Team GB's' success at the 2008 Beijing Olympic Games. So it comes as no surprise that companies wish to capitalise on the strength of the Olympic brand, both now and in direct lead-up to the London Olympics in 2012. What they may not be aware of is that the Olympic brand is protected by extremely draconian legislation. And the London Organising Committee of the Olympic Games (LOCOG) is ready to pounce on anyone who slips up. Read more.

For further information please contact Robert Bond.

 

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