Website compliance - steer clear of costly breaches with our essential checklist

In the fast-paced world of online retailing, regulations are constantly evolving. Keeping on top of developments is a major challenge, but one that is crucial to address to avoid costly breaches.

Before you take the plunge. Life after breach - Part 4. It wasn't me

Could you be held liable for the fraudulent actions of another? If you are an employer and one of your employees is involved in fraudulent activities, then yes.
 

Before you take the plunge. Life after breach - Part 3. Great expectations?

What happens if one party to a contract fails to perform? Can the innocent party get all of its losses back? What happens if the losses are difficult to prove?

Before you take the plunge. Life after breach – Part 2. Frustration and force majeure

Contracting parties are required to keep their bargains. The fact that performance subsequently becomes more difficult or less profitable does not excuse them from liability.

Government ICT Strategy - time for a closer look

In March 2011 the Cabinet Office published its Government Information Communication Technology (ICT) Strategy. Since then it has released further details through the ICT Strategy Strategic Implementation Plan and a set of ICT sub-strategies.

Before you take the plunge. Life after breach - Part 1. Excluding liability

What's the first thing lawyers turn to when reviewing a commercial contract, and invariably one of the last issues to get resolved? The exclusion of liability clause.

Before you take the plunge. Back to basics on contracts - Part 4. Best, reasonable and all reasonable endeavours - how far are you agreeing to go and what are you committed to?

You may consider using an endeavours clause to qualify a contractual obligation you are giving. This may be because fulfilment of the obligation depends on the co-operation of a third party or other matters beyond your control.

Before you take the plunge. Back to basics on contracts - Part 3. Hyperbole or misrepresentation? It can be a fine line

What is the position when you enter into a contract relying on inaccurate representations made to you by the other party? What happens if the other party tries to limit its liability for any misrepresentations relating to the contract?

Before you take the plunge. Back to basics on contracts - Part 2. Getting what you want - contracting on your own terms

So, you have a contract but on what terms? This should be such a simple question to answer but it's not always as easy as it sounds.

Before you take the plunge. Back to basics on contracts – Part 1. Contract? What contract?

It is crucial to know when a contract is formed and what its terms are. However, many contract disputes are arguments about whether or not there is a contract at all.

A guide to new fines for cold callers and saying no to cookies

In April, the Department for Culture, Media and Sport published the response to its consultation on implementation of the revised EU Electronic Communications Framework. This was followed on 9 May 2011, by guidance from the Information Commissioner's Office on changes to the rules on using cookies.

Charging interest for late payment

On 20 October the European Parliament formally approved the European Commission's proposal to replace the Late Payment Directive. However, it has made a number of amendments to the European Commission's proposal.

New data protection guidelines in France on outsourcing and security

The French data protection authority (the CNIL) has published guidelines on outsourcing and personal data security.

Data centre operators lose out in spending review

Yesterday's comprehensive spending review included a radical change to the CRC (Carbon Reduction Commitment) Energy Efficiency Scheme.

Before you charge in - Part 10. A bird in the hand...when does the right to set-off arise?

Knowing how much money you owe and are owed is critical when considering disputes with other parties.

Just how effective are exclusions of indirect and consequential loss?

In GB Gas Holdings v Accenture, the Court of Appeal has upheld the first instance judge's findings on preliminary issues relating to the exclusions clause.

Charging interest for late payment

The rules on when interest can be charged on commercial debts paid late may be changing.

Avoiding a freight: preparing for Incoterms 2010

Major changes to freight delivery terms are afoot.

The International Chamber of Commerce today officially launches 'Incoterms® 2010' in Paris. Impacting anyone selling, buying or supplying goods internationally, Incoterms are freight delivery terms which are reviewed every decade.

Before you charge in - Part 9. At the heart of it: repudiatory breaches and termination

Poor performance, failure to meet deadlines, and failure to pay on time may all amount to breaches of contract. However, not all breaches of contract entitle the non-breaching party to treat the contract as terminated.

Data protection in Europe

This alert deals with hot topics in European data protection – transferring data and the results of the CNIL's (the French Data Protection Regulator) 2010 annual report.

Personal Information Online: new Code of Practice published by the ICO

The Information Commissioner's Office (ICO) released a new Code of Practice on 8 July 2010 entitled "Personal Information Online".

Online vetting - reputations on the line?

In a Microsoft-commissioned survey, 47% of UK recruiters and HR professionals stated that they look for online reputational data to vet candidates. And, 41% had rejected candidates based on information found online.

Sky proves fraud against EDS

The long-awaited judgment of Mr Justice Ramsey in the case of BSkyB Limited (Sky) v  Electronic Data Systems Limited (EDS) was handed down yesterday with EDS, now owned by Hewlett Packard, found liable for deceit, misrepresentation and breach of contract.

Tender information not covered by FOIA commercial interest exemption - Information Tribunal

The Information Tribunal has overturned a decision by the Information Commissioner, ordering the Central Office of Information (COI) to disclose information relating to tenders from businesses interested in providing it with reprographic services

New powers of Information Commissioner push data protection up the risk register

Until now the Information Commissioner's Office (ICO) could only envy other regulators with powers to impose fines and conduct audits. This is changing and the ICO will soon be empowered to conduct audits and issue fines.

OGC Two Point Three

The Office of Government Commerce launched the new OGC Model ICT Services Agreement Version 2.3 on 6 August, replacing last year's Version 2.2.1.

Outsourcing contracts - Is longer better?

One of the biggest points to decide on the outsourcing process is contract duration.

Help is at hand: New BSI standard for data protection

Following a three-month consultation with the industry, government, academia and consumers, but not the Information Commissioner's Office (ICO), on Tuesday 2 June BSI launched the first British Standard relating to personal data management.

Pirate Bay has no safe harbour in E-Commerce Directive

The Stockholm District Court has issued its decision on case B13301-06 regarding the infamous Pirate Bay website. It concerns not only criminal breaches of copyright but also the E-Commerce Directive (2000/31/EC) safe harbour provisions.

High Court not amused by deliberate wrongdoing

Two recent High Court cases have demonstrated the contractual impact an act of deliberate wrongdoing can have.

A new coalition for competition?

As the European Commission announced today its largest-ever fine of €1.06 billion on chip maker Intel Corporation, the US is gearing up to take a more aggressive tack towards redressing monopolistic practices.

Poor Phorm - the UK Government in legal hot water

The European Commission has launched proceedings against the UK Government for alleged infringement of data privacy laws in connection with Phorm, the controversial advertising platform.

Government unveils new trade credit insurance scheme

A £5 billion initiative, unveiled as part of Wednesday's Budget, will enable companies which have had their trade credit insurance cover reduced by traditional providers to purchase 'top-up' credit insurance from the Government.

ICO guidance on monitoring and enforcing compliance with model publication scheme

The Information Commissioner's Office has issued a notice setting out how it will monitor and enforce the adoption by public authorities of the new model publication scheme to comply with their obligations under the Freedom of Information Act.

Social networking sites sign up to EU code on child safety

Seventeen social networking websites have signed up to a European Commission voluntary code of practice. The code is designed to stamp out online bullying of children and raise awareness of how children can protect their personal information.

Google fined for adwords policy

Google has been fined 350,000 euros by a French court for trade mark infringement resulting from its "adwords" policy. Kate Swaine, director in Wragge & Co's brands team, says "This issue is not going anyway for Google."

Open source software: the top 10 open source licences

Open source software is now in widespread use but the terms of use and the associated risks are generally poorly understood. We pose some key questions and provide our view on the answers.

New Year's resolution to "become a better customer" - the OGC launches new toolkit for public sector IT procurements

Two new procurement tools were launched on 9 January 2009 by the Office of Government Commerce to help public sector bodies taking on large, complex IT projects. The two tools consist of a PQT and JSI.

Access to information

The Information Commissioner has issued technical guidance clarifying how Schedule 12A and section 100 of the Local Government Act 1972 (LGA) operate alongside the Data Protection Act 1998 (DPA) and the Freedom of Information Act 2000 (FOIA).

Data handling guidelines for local government

Data security breaches can strike any type of organisation at any time. Many local authorities are now giving this area of compliance more scrutiny than in the past.

Offshoring - is the tide turning?

Open source software licences - enforceability upheld by the US Court of Appeals

On 13 August 2008, the US Court of Appeals for the Federal Circuit upheld the restrictions contained within the Artistic Licence. The Artistic Licence, commonly used for PERL software packages, is one of the top ten licences used for open source software.

Data Protection reforms abound

Following the release of the Data Sharing Review, the UK's Information Commissioner Richard Thomas has continued to criticise the European Data Protection Directive (95/46/EC). He has referred to it as out of date, bureaucratic and in dire need of reform.

NAO releases report on Department of Transport shared services

At the end of May, the National Audit Office (NOA) released its report on the much criticised Department for Transport (DfT) shared services agreement.

Shake-up for the data protection regime...

The Data Sharing Review, published on 11 July, potentially marks the start of a comprehensive review of data protection law and practice in the UK. If the authors have their way, it could also spark off a review of EU law.

OGC ICT Services Model Agreement: mandatory security provisions from 1 July 2008

The Office of Government Commerce (OGC) issued version 2.2.1 of the OGC IT Services Model Contract on 1 July 2008, amending the security provisions in version 2.2 of the model contract.

Transfer of ownership of copyright - will an implied term suffice?

To see what the Court of Appeal said in Meridian International Services Ltd v Richardson & Ors [2008] about the ability of a party to successfully allege an implied term read our analysis and comments on this case.

New ICO guidance on local authority intra-departmental sharing of personal data

OGC Model ICT agreement: Version 2.2 - evolution not revolution

Version 2.2 of the Office of Government Commerce (OGC) model information and communications technology (ICT) services agreement and guidance was published on 30 May 2008.

Use of open source software in the public sector

On 19 May, OGCBuying.solutions announced that it was collaborating with BECTA, the government agency for the use of IT in education, to establish a new framework agreement for educational software licensing.

RFID - tracking privacy through the process

The retail applications for Radio Frequency Identification (RFID) – ranging from general inventory management and improving customer service to the development of item level remote tracking - has the potential to revolutionise the shopping experience.

Getting to know you...

Pre-employment verification checks are on the increase. Action Against Business Crime (AABC) has launched a new service for retailers to help them carry out these checks.

Using open source software to deliver online services?

As a Gartner report published earlier this year suggests, the uptake of Software as a Service, also known as Application Service Provision, will experience substantial growth over the next few years.

Security breaches - it's not going to go away...

Since the very public loss of personal information by HMRC back in November last year, security of personal data has been grabbing the headlines.

Freedom of information

It has been a challenging year in the world of freedom of information, with failed attempts to exempt MPs from its ambit and revise the fees regulations. The Act is here to stay and it looks like it is about to dig even deeper.

Caught on camera - New CCTV Code of Practice out today

As public awareness of rights under Data Protection legislation increases, those who use CCTV should be aware of the appropriateness of their use of CCTV and their handling and storage of the data and images it produces.

Extension of Freedom of Information Act to private sector?

Apple dances to the European Commission's tune

Scoring extensions and avoiding penalties

A guide to successful outsourcing: Key Initial Issues

EU Plans Harmonisation Of Laws For Software Patents

Data protection