OFT announces study into misleading advertising and pricing
The use of the internet has presented a number of new challenges for the marketplace, including the 'invisible' use of trade marks, relevant to the Google adwords debate. In addition, the rise of shopping portals such as www.comparethemarket.com has radically changed consumers' ability to compare products and brands, making it quicker and easier to find alternative products and cheaper prices.
Brand owners have been voicing their concerns about the nature of online trading, particularly where their trade marks are used by others, but what about the effect on consumers? Is the flexibility offered online to their advantage or their detriment?...read more.
You have to be nuts to flaunt the law
The US Federal Trade Commission has investigated Balls of Kryptonite LLC and forced a change to their website privacy policy and business terms. This action highlights that consumers in the UK have a means of protection against statements by non-UK located businesses where those businesses clearly "point" their websites into the UK and use website language that gives the impression of a UK located business...read more.
ICO fines for "knowing or reckless" breaches to be introduced
The Information Commissioner's Office will have the power to issue fines for knowing or reckless breaches of the 8 principles contained in the Data Protection Act 1998 from April next year...read more.
SWIFT: Wider data sharing with US authorities is approved by EU Ministers
EU Ministers have agreed guidelines for negotiations with the US in anticipation of an international agreement to make European based financial payment messaging data available to the US Treasury Department in order to prevent terrorism and terrorist financing. This will widen the access that the US has to European databases, however there are also plans for the privacy protection of such data to be simultaneously stepped up...read more.
Appetite for outsourcing strengthens as a result of economic turbulence
A recent report from the National Outsourcing Association has shown that the outsourcing industry is being boosted by the recession, but are quick-win cost-cutting projects a false economy?...read more.
The right to privacy: a right without a remedy
The official and unofficial disclosures of the identities of Baby P's killers have, by implication, identified Baby P's siblings. A court order initially prohibiting such disclosure was rendered ineffective by bloggers who in breach of the court order named the wrongdoers months before the court order was lifted. In reality, therefore, the decision as to whether Baby P's siblings should maintain anonymity has been abrogated to the court of public opinion, leaving the siblings without any ability to enforce their rights of privacy or their identity...read more.
US court decision highlights employers' responsibility to protect privacy of staff
In the US District Court's decision in the case of Zungoli v United Parcel Service, Inc et al, the Court addressed identity theft protection, breach notification and privacy laws as a basis for a wrongful discharge claim under a state whistleblower protection statute. Disclaimers that indicate users have no reasonable expectation of privacy on company hosted portals should be modified as failure to do so may invite whistleblower and privacy claims by staff leading to liability for compensatory and impunity damages and legal fees...read more.
Clarification on electronic VAT invoicing
The European Commission has indicated that it plans to align the rules governing electronic invoices with those governing paper invoices. It is likely that there will be clarification on the VAT rules relating to electronic invoicing shortly. It is hoped that this will simplify a complicated burden for business, reducing costs and increasing the ability of companies to trade electronically...read more.
Excluding a contract condition is a precise art
A recent case confirms that precise wording is needed to properly exclude an implied term from a contract...read more.
Email communications did not form a legal contract
The Court of Appeal in the recent case of European Language Centre v. The University of Plymouth has ruled that a series of email and phone communications were not sufficient to establish a binding legal contract between two parties because the communications lacked sufficient detail and did not contain the four formal elements required to establish a legally binding contract...read more.
Website disclaimer works swimmingly for pool installers
The Court of Appeal's decision in Patchett v. Swimming Pool and Allied Trades Association Limited demonstrates that water tight website terms of use provide protection when it comes to customers' claims...read more.
In-game monitors need to watch out for liability
In-game Monitors may cause exposure to copyright liability claims...read more.
The Pirate Bay: can notorious file sharing site be "legitimised" by Global Gaming Factory acquisition?
The prospective purchasers of the Pirate Bay Website, Global Gaming Factory, promise to legitimise the site, but can any such legitimisation be successful?...read more.