Directive on Orphan Works

Millions of copyrighted cultural works lie unexploited in libraries and museums throughout Europe. This includes orphan works, where the copyright owner cannot be traced which makes approval for digitalisation and online distribution impossible to obtain. The same difficulties also apply also out-of-print material which constitutes some 70% of publishers' collections.

The European Union wants to introduce a EU-wide framework needed to bring these online and into Europeana. It aims to create clear, Europe-wide rules and an agreed legal framework to enable further digitisation and dissemination of our cultural resources – literary, musical and artistic. These are crucial for the European digital libraries initiative and for the future Europeana – Europe's digital library – which aims to place Europe's vast cultural resources at the disposal of all Europeans.

What are the Commission's plans?

  1. Propose a Directive on orphan works, thereby creating a legal framework to digitise and disseminate European cultural works.
  2. Monitor the ARROW project on accessible registries and rights information to facilitate rights search and reduce the number of orphan works in the future.
  3. launch a stakeholder forum on digitisation of out-of-print works

Proposed directive

On 24th May 2011, the European Commission adopted a proposal for a Directive on certain permitted uses of orphan works. The text now has to be approved by the European Parliament and the Council  

The Directive's Text  The text of the proposal can be found in the following link: http://ec.europa.eu/internal_market/copyright/docs/orphan-works/proposal

Definition of “orphan works”

Orphan works are those such as books, newspapers, cinematography and audiovisual works in which copyright subsist but where the copyright holder or relevant rights holder (such as the publisher or film producer) cannot be found. As a result, such work cannot be used without permission and thereby infringing copyright, creating a potential risk that the owner of the copyright later emerges and commences infringement proceedings under the relevant section of the Copyright, Designs and Patents Act 1988 or equivalent legislation.

Cultural negligence

The British Library estimates that 40% of its copyrighted collections (150 million in total) are orphan works. The risk of infringing copyright means that these works are effectively lost to society, something the Hargreaves Review refers to as “cultural negligence”.

How to best tackle this problem has been in the minds of many for quite some time. However, to date only a handful of European Member States have implemented orphan works legislation. In addition, those countries that have legislated are impeded by the fact that they have to limit the access to the orphan works to citizens in their national territories only to avoid the risk of copyright infringement proceedings being brought in other countries.

Proposed framework

The European Commission’s aim is therefore for a system of mutual recognition of the orphan status of a work in order to facilitate cross border digitisation and dissemination of such works within a single market. The draft Directive outlines a legal framework within which this could be achieved:

1. The aim of the draft Directive is to protect, rather than commercially exploit, Europe’s cultural heritage, and therefore it only allows “publicly accessible libraries, educational establishments, museums, archives, film heritage institution and public broadcasting organisations” to use orphan works for certain purposes in accordance with the draft Directive.

2. A diligent search must be carried out to find the copyright holder, including by searching sources such as databases and registries before any work can be clarified as having orphan work status. It is hoped that central rights information databases will be developed with the aim of simplifying the conduct of such a search.

3. If the diligent search has not yielded the identity or location of a copyright holder the work shall be considered as an orphan work under the draft Directive. By virtue of mutual recognition, this status will be recognised as such across the entire European Union.

4. The organisations listed at point 1 above would be able to use orphan works for the purpose of furthering “their public interest missions, notably preservation, restoration and the provision of cultural and educational access to works contained in their collections”. Thus the current proposal should make a major contribution to the development of various European digital library initiatives.

5. There is scope for Member States to permit the use of orphan works for purposes which go beyond the public interest missions of the organisations covered by this Directive provided that the rights and legitimate interests of rights holders are adequately protected.

6. The rules of what amounts to an orphan work and how it can be used would provide safeguards against claims of copyright infringement, while at the same time providing clear methods of redress for a reappearing right holder who would be able to assert his copyright and thereby removing the orphan work status.

Criticisms of the proposal

The proposal for a directive is not without some criticism, the main points we have highlighted below.

  •  The proposal was rushed for publication together with other IPR documents. From the rights holders' perspective, it is in regress to the draft versions.  The directive should concentrate on its original goal which is mass digitization of public libraries assets.
  • There should be no discrimination between works/ authors. Visual authors should get the same level of protection as other authors.
  • The scope is too narrow and one-sided about views on diligent search.  The targeted group of end users should include individuals as well as non-profit initiatives like Wikipedia.
  •  The Commission needs to introduce mechanisms to determine the location where a search has to be carried out in cases where the works have not been published or where it is unclear where the works in question have been first published.
  • There should be no discrimination between works/ authors. Visual authors should get the same level of protection as other authors.
  • Stand- alone photography is excluded from the scope of the directive. But since most pictures make money because they are published somewhere and part of another work, this exclusion does not make away with the issue of photographic rights altogether. It does mean that the future directive would not apply to historical picture archives.
  • The most controversial provision of the proposal is the Article 7, which, if the Directive passes, will de-facto allow for commercial usages of orphan works by public libraries. Not only would these public bodies be allowed to digitize orphan works in the pursuance of their public mission, but Article 7 allows under certain conditions all other usages too, i.e. commercial uses.
  • Diligent search should not be a mere formality to allow quick digitization. It should be a search that leads to an author who gets direct payment.
  • It has taken that long to get where we are. However, this is only the beginning on a long road. More lobbying is necessary at the Council and at the European Parliament.

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  • 27 Business Intelligence Facts For Digital SMEs 16/06/2015 Business intelligence for SMEs on the UK’s digital economy. There is plenty of business intelligence on the UK’s digital economy if you spend time researching facts and figures using the Internet. But, to get it right, you also need to know where to look and to use authoritative, trusted sources for your information. This E RADAR article ...
  • How to deal with illegal images appearing on IT systems 12/06/2015 IT managers may be required to handle suspected illegal images or illicit and inappropriate photographs that have appeared on the organisation’s computer systems or networks. Without a proper understanding of the law, you can incriminate yourself despite having the best intentions. Child porn, for example, is a very sensitive area and has led to some high-profile ...
  • How To Reduce Your Business Costs With Virtual Working 12/06/2015 “Work is what you do and not a place to go!” Today, we all live and work in an interconnected world of fast broadband, tablets and mobile devices. The pace of technological innovation now allows many of us to work remotely, away from our normal place of work. It’s estimated that around 4.2 million UK workers ...
  • Cyber Risk Management 12/06/2015 E RADAR’s E Adoption Risk Ladder is a compliance and cyber risk management tool for measuring the levels of e adoption and risk for organisations enabled electronically. The risk ladder takes a step by step approach to help you understand the different levels of information and communications technology (ICT) adoption that can enable your cyber ...
  • Rural Digital Divide 09/06/2015 E RADAR and the HD8 Network are calling for more strategic investment to help rural businesses realise the full potential of the digital economy and narrow the rural digital divide. Speaking at a high-level round-table at the European Commission in London, HD8 Network’s founder Merewyn Sayers expressed concern that many businesses across rural Kirklees are struggling to ...
  • Competition and Markets Authority 08/06/2015 The UK’s Competition and Markets Authority (CMA) promotes competition for the benefit of consumers, both within and outside the UK. Its mission is to make markets work well in the interests of consumers, businesses and the economy.  Top stories Competition and Markets Authority’s Responsibilities The Competition and Markets Authority is responsible for: investigating mergers which could restrict ...
  • Why data access must be easy 24/05/2015 “Data should be easily accessible for users to perform their duties” Data access typically refers to software and activities related to storing, retrieving, or acting on data housed in a database or other repository. Data accessibility involves the ease with which users obtain information. The way information is accessed and displayed must be sufficiently adaptable to ...
  • What is Data Asset Management? 24/05/2015 “Data is a core business asset that has value to the organisation and is managed accordingly.” Data asset management concerns the identification and good governance of data and information across an organisation. Data is a valuable corporate resource; it has real, measurable value. This is especially so in the case of £multi-million contracts under PPP and ...
  • How to manage VAT on Digital Services 22/05/2015 “If you are providing telecommunications, broadcasting or electronic services (‘digital services’) to consumers across the European Union, you must comply with new laws concerning VAT on digital services and account for VAT where consumers live or are located.” The EU introduced these new rules amid concerns that suppliers trading cross border were avoiding VAT payments on digital ...
  • The Audiovisual Media Services Regulations 2009 21/05/2015 The Audiovisual Media Services Regulations 2009 (text) govern the regulation of video-on-demand services, television broadcasting services provided over the Internet, the country of origin co-operation procedure and the regulation of non-EU satellite services which are up-linked from the UK… The Audiovisual Media Services Regulations 2009 implement Directive 2007/65/EC of the European Parliament and of the Council amending Council Directive ...
  • 22 Legal And Security Risks In E Contracts 16/05/2015 A contract is the defining document for cementing the relationship between the business and customer. Not only does it establish the parties’ intentions and expectations on what goods and services have been offered and accepted, the contract should also set out the road map to resolve difficulties if something were to go wrong, for whatever ...
  • ‘Grassroots’ Strategy Key To DSM Success 15/05/2015 The EU’s Digital Single Market (DSM) cannot succeed without a ‘grassroots’ strategy that enables, supports and promotes businesses, groups and individuals already working at the heart of local communities across Europe. DSM implemented bottom up, not top down. Our recent DigiChampz case study in rural Yorkshire concludes that a network of accredited digital champions can offer strategic vision, help, and advice ...
  • 10 commercial reasons for complying with cyber laws 11/05/2015 Actually, there are really only two good commercial reasons why your online business should comply with laws and regulations: (1) competitive advantage and (2) collaborative advantage. But, it takes another 8 reasons to explain why! Business enterprise fuels the online economy by generating the wealth to provide public services, more and better jobs, higher standards of living ...
  • What is the ISO 27001 Standard? 10/05/2015 The ISO 27001 Standard (ISO/IEC 27001:2005) is the international standard describing best practice for an Information Security Management System. The ISO 27001 Information Security Management standard can be applied to all types of organisations and specifies the requirements for establishing, implementing, operating, monitoring, reviewing, maintaining and improving a documented Information Security Management System (ISMS) within the ...
  • How To Manage Online Risk 09/05/2015 Online risk can lead to direct or indirect loss to your business resulting from inadequate or failed processes, people and systems, or from external events. But risk is part of everyday life so we should understand and learn from it. Some risks are anticipated before they happen, many are not Managing online risk, for example employee ...
  • How To Write A Web 2.0 Policy 06/05/2015 Writing a Web 2.0 policy has become an important priority for organisations as they battle to understand the legal and regulatory risks associated with their staff using social media websites. This article discusses the issues and challenges facing top managers and compliance professionals. Web 2.0 is called many things: a technology, business process and even an ...
  • Why more and more businesses are moving towards mobile gaming 29/04/2015 It was recently announced that gaming house Electronic Arts, the brand behind Need for Speed and FIFA, was to move into a new market: mobile gaming. In January this year, the company made headlines for its record fiscal third quarter earnings. But while its console offering is positively thriving, it now wants to make the ambitious ...
  • What is 5G? 03/03/2015 5G is the next step in the evolution of mobile technology and mobile enterprise. It is the fifth generation of mobile networks which comes after the current 4G rollout. We don’t yet know how 5G will work or how fast it will be. But developed countries around the world are looking at their digital policies and ...
  • Legal risks with online web chat, groups and forums 12/02/2015 With the growth in use of social media, web chat, groups, forums and message boards have become an easier way for communicating with friends family and colleague. But recent high profile cases reveal that web chat is risky business for users wanting to share their opinions. And employers may be liable for the opinions of their ...
  • Cyber Security and Child Safety Low Priority For Rural Digital Users 09/02/2015 Cyber security and online child safety are a low priority for rural digital users, a new report has revealed. Published by DigiChampz, the Digital Users in Rural Yorkshire Survey Report 2015 shows that about half of respondents (44%‐50%) expressed concern about security related issues and fewer, just over one third (36%), expressed concern over safety of children ...
  • 9 Reasons Why Rural Broadband Connectivity Is An Election Priority 07/02/2015 BDUK has released figures to the end of December 2014 purporting to show how well their so-called “rural” broadband programme is going. The trouble is, the figures are fairly meaningless because they only show how many premises could potentially connect to Superfast (24 Mb+) broadband. What the report doesn’t don’t show is how many homes and business ...
  • Can community partnerships stop data breaches? 21/01/2015 Here’s an interesting idea that comes out of work currently being done in rural Yorkshire to showcase the opportunities and benefits of the digital economy. Can local community partnerships help stop data breaches by providing accredited digital champions to work with local online businesses? More significantly, can community groups, for example CICs (community interest companies) set up ...
  • The Data Breach – Why should SMEs be worried? 21/01/2015 The rise in the data breach is threatening trust and confidence across online business. Malicious or criminal attacks are the most expensive cause of data breaches and are on the rise. US figures show that in 2011 37 percent of data breach cases involved malicious attacks and averaged $222 per record. Negligence accounted for 39 percent of ...
  • Top 10 Electronic Data Management Principles 20/01/2015 All organisations should take appropriate steps to ensure that their business confidential data, information and content is adequately protected, especially when stored or communicated electronically. There are also specific legal, regulatory and fiscal requirements for certain types of data, information and content too.  Data, information and content ( let’s just call it ‘data’) is either stored or ...
  • Online shopping is really all about me! 12/01/2015 There are three great things about online shopping: the immensive size of the shop at my disposal, the plethora of products and services available for me to purchase, and the ease in which I can spend money from the comfort of my armchair. Yes, it really is all about me! I want to buy quality products or services ...
  • 50 Crucial Questions For IT Governance 02/12/2014 Information sharing lies at the heart of economic competitiveness, social inclusion and the delivery of government services online. But conflicts of guidance get in the way of good practice. These include UK/EU legislation that forbids or mandates different approaches towards the sharing of information which can often lead to wrong decisions being made, overworked and under ...
  • Legal risks in employees using own personal devices at work 02/12/2014 More and more organisations are allowing their employees to use their personally-owned devices, for example iPads and tablets, at work. This is because online technologies are now part of our everyday lives, not just at work but at home and at play too. Will Roebuck’s short Slideshare presentation looks at some of the key legal risks ...
  • Consumer Protection Online Business Guidance 25/11/2014 Trust and confidence is a major concern for online users. When customers cannot meet you face to face and the deals are done through Internet portals and websites, it is absolutely essential that you, as the supplier create the right impression online from click one.  Law and policy makers consider consumers – those who purchase goods ...
  • Internet Security in the Workplace 21/11/2014 Stories have appeared in the news this week suggesting that more criminal cyber gangs are now taking control of users’ computers to watch every move they make. Now is the time to review those Internet security policies you have in your workplace… You do have one, don’t you? Where an organisation allows employees and contractors to use the ...
  • Proposed Huddersfield Park Catalyst For High Growth ‘Glocal’ E-commerce Initiative? 24/10/2014 Farnley Estates, proud owner of around 1,500 acres of stunning countryside in South Huddersfield, England wants to create a rural park to preserve its financial future and to ensure that the area can be enjoyed by generations to come. E RADAR’s Will Roebuck suggests this could be the catalyst for transforming the South Pennines region ...
  • E RADAR partners DPA in EU DigiChampz Initiative 13/10/2014 E RADAR has partnered with the Digital Policy Alliance (DPA) in an EU Commission-funded initiative looking at how local rural communities can learn to use the Internet and modern technology to take full advantage of the global high growth digital economy. The initiative, called DigiChampz, aims to seek out local digital champions who can act as ...
  • 10 Top Tips For Securing Your Website 28/08/2014 Most organisations now have a website as an integral part of their business strategy. UK statistics suggest that over eighty percent of companies now have a website presence. However, just having a website also creates new dangers for both owners and users. Attacks on business-critical information through the website can come from anywhere. This includes from geographical locations and legal territories ...
  • The Price Marking Order 2004 15/08/2014 The Price Marking Order 2004 applies to suppliers (including online retailers) that sell products (not services) to consumers. The Order requires the selling price and, where appropriate, the unit price of products to be clearly displayed. The Price Marking Order 2004 implements Directive 98/6/EC of the European Parliament and of the Council (OJ No. L180, 18.3.98 p. ...
  • Government Consults On Digital Communications Infrastructure Strategy 06/08/2014 The UK Government has published a new consultation to help set out a digital communications infrastructure strategy over the next 10 -15 years. The Strategy will look at what digital communications infrastructure is needed in the UK to maintain our position as a world class digital nation. The Strategy will also consider what needs to be ...
  • Gambling (Licensing and Advertising) Act 2014 30/07/2014 The UK Gambling (Licensing and Advertising) Act 2014 (text) makes provision about the licensing and advertising of gambling. On 9 May 2013 the Gambling (Licensing and Advertising) Bill was introduced to Parliament to bring about important changes to how gambling is regulated in Great Britain. The Bill received Royal Assent on 14 May 2014 and is ...
  • Prudential Regulation Authority 30/07/2014 The UK’s Prudential Regulation Authority (PRA) became responsible for the prudential regulation and supervision of banks, building societies, credit unions, insurers and major investment firms on April 1st 2013. Top stories Prudential Regulation Authority Responsibilities In total the PRA regulates around 1,700 financial firms. The Prudential Regulation Authority is part of the Bank of England. Together with ...
  • Financial Conduct Authority 30/07/2014 The UK’s Financial Conduct Authority (FCA) regulates the financial services industry in the UK. Its aim is to protect consumers, ensure the industry remains stable and promote healthy competition between financial services providers. Responsibilities of the Financial Conduct Authority The FCA has rule-making, investigative and enforcement powers that are used to protect and regulate the financial services industry. Together ...
  • Commission Announces €100 Million Innovation Prizes 29/07/2014 The European Commission today presents details of a new €100 million “Fast Track to Innovation” (FTI) pilot action and five innovation prizes under Horizon 2020, the European Union’s €80 billion research and innovation programme. The FTI aims to support Europe’s economy by offering innovative businesses and organisations grants to give a final push to get great ...
  • Is Telephone Preference Service Fit For Purpose? 23/07/2014 As the number of automated marketing telephone calls made to individual householders is on the increase, E RADAR’s Will Roebuck looks at what can be done to improve the relationship between business and consumer. He also looks at the role of the Telephone Preference Service and asks whether it is still fit for purpose. Am I ...
  • The Lisbon Treaty 22/07/2014 The Lisbon Treaty is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Lisbon Treaty was signed by the EU member states on 13 December 2007, and entered into force on 1 December 2009. It amends the Maastricht Treaty (also known as the Treaty on European Union) and the Treaty establishing the European Community (TEC; also ...
  • Competition Act 1998 18/07/2014 The UK Competition Act 1998 regulates competition and the abuse of a dominant position in the market. The Competition Act 1998 creates a regulatory framework that is tough on those that seek to restrain competition whilst allowing those who compete fairly the opportunity to thrive. The law outlaws two forms of anti-competitive behaviour: anti-competitive agreements and abuse of dominant ...
  • Competition Authority Dawn Raid 18/07/2014 What to do when investigators arrive unannounced Dawn raids – unannounced visits from competition authorities – get their name from the inspectors’ habit of turning up at the beginning of the business day, when companies are likely to be least prepared for the unexpected. The European Commission has for many years had the power to carry out such raids ...
  • New Guidelines On The Reuse of PSI Published 17/07/2014 New guidelines on the reuse of public sector information have been published today by the European Commission. They aim to help member states give better access to open data, for example weather data, traffic data, property asset data and maps. Open data is used as the basis for innovative value-added services and products, such as mobile ...
  • The 10 Commandments For Digital Life 16/07/2014 Taking steps to protect ourselves from harm when using our digital persona is essential. The 10 Commandments For Digital Life set out some key considerations for us to follow when interacting with others online. Neira Jones, Barclaycard’s ex head of payment security has just published her 10 Commandments For Digital Life. It is a succinct set of ...
  • UK in danger of two-tier economy over rural superfast broadband connectivity 15/07/2014 The lack of universal superfast broadband, particularly in rural areas, is creating a two-tier economy which only serves to marginalise those communities, businesses and individuals struggling to get fast and reliable connectivity to the Internet.  The UK needs to prioritise and move much faster towards deploying universal superfast broadband for all if we intend to reap the full ...
  • UK Cyber Laws 13/07/2014 IT professionals often worry that they don’t know what they need to know about cyber laws and regulations. And with compliance and risk no longer just the preserve of specialist lawyers but of everyone with the organisation, E RADAR’s UK Cyber Law Tracker provides an easy-to-use solution to help decision makers find information on the ...
  • 5 Internet Urban Myths Debunked 04/07/2014 E RADAR’s Will Roebuck looks at five of the most important Internet urban myths that have teased our common sense over the past few years, and sets out to debunk them… in true Will style! 1. Al Gore invented the Internet There are actually two myths relating to former US Vice President Al Gore. The first is ...
  • Mobile operators may block government plans for UK national roaming 27/06/2014 Mobile phone operators are set to clash with the government over ministerial plans to introduce national roaming across the UK. They fear that national roaming will be a brake on their investment because there will not be an incentive to build new phone masts in remote areas if the service has to be shared. The UK’s new Culture Secretary ...
  • New EU guidelines to help businesses get the most out of the Cloud 26/06/2014 The European Commission has published new Guidelines today to help business users save money and get the most out of cloud computing services. Developed by the Cloud Select Industry Group as part of the Commission’s European Cloud Strategy to increase trust in cloud computing services, the Cloud Service Level Agreement Standardisation Guidelines have the backing of top businesses, including ATOS, ...
  • ‘Fair warning’ – The Benefits and Risks in holding an E Auction 25/06/2014 John Roebuck is joint owner-director of Watts Auctioneers, one of the fastest growing auction companies in the North of England that specialises in heavy plant machinery. With many auctions now done online timed or in real time through partner i-bidder.com, he discusses some of the practical challenges for running a successful e auction. Online auctions (or ...
  • Suspect Employee Disloyalty? The Rules for Monitoring at Work 23/06/2014 Just over a decade ago amid increasing threats from terrorism and organised crime, the UK’s interception of communications regime was updated to include the lawful interception of email, the Internet and other online technologies. Unauthorised interception of electronic communications was banned outright. Yet organisations would still need to have control over their own business systems for lawful business practices. These ...
  • Business Accounting Software For Your Organisation 18/06/2014 Accounting for your purchases, sales and operational costs is one of the basic requirements for running a business. Traditionally organisations will have their own accounting process. But you can also outsource this function to a third party. At the end of each financial year organisations will need to submit accounts to the relevant authorities, such as HM ...
  • Legal Risks In Electronic Personnel Records 18/06/2014 Most organisations now prefer to manage their staff records electronically. And this gives rise to all sorts of legal and business issues including data protection, information security, and for how long you need to keep individual records. Personnel records provide the basis for decision-making when managing your employees. This includes human resources forecasting and planning, recruitment and selection, ...
  • The Distance Selling Regulations – A New Cooling Off Period and Digital Downloads 14/06/2014 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘Distance Selling Regulations 2013’)  (text) implement the EU’s Consumer Rights Directive (EU website) and establish new consumer protection rules that business traders* must comply with. Under the new rules which came into force on 13th June 2014, the cooling off period for consumers* purchasing goods and services ‘at a distance’ is extended ...
  • Rise of IT Consumerisation and BYOD 13/06/2014 In 2012 former MI5 boss Stella Rimington lost her laptop at Heathrow Airport. The incident highlighted why it is important for employers to have policies and procedures in place regarding how confidential information is dealt with by their employees. The Salvation Army has embraced the challenge of implementing a BYOD (Bring Your Own Device) strategy amongst its 4,000 employees. The case study ...
  • Is there a difference between the cities of Westminster and London? 12/06/2014 Even after the collapse in trust in financial services, they are still more trusted than the politicians who seek to regulate them.
  • How to set up limited company in UK for your Internet business 12/06/2014 The UK is the most popular location for inward investment in Europe, attracting almost one in five of all investment projects in Europe since 2004. The World Bank Report ‘Doing Business 2011’ ranks the UK the easiest place to set up and run a business in the EU and G8. UK Trade & Investment reports ...
  • Global Cost of Cybercrime Now Tops $400 Billion 10/06/2014 The global cost of cybercrime to the economy is $445 billion (£266 billion) according to a new report published by online security company McAfee. Stealing personal information and cyber espionage is likely to have affected in excess of 800 million people during 2013. As many as 150,000 Europeans could lose their jobs as a result of financial ...
  • ISO 22301 Business Continuity Standard in IT 10/06/2014 ISO 22301 is the Business Continuity Standard in IT. Continued operations in the event of a disruption, whether due to a major disaster or a minor incident, is a fundamental necessity for any organization. Without the ability to recover, countless organisations have gone out of business Business continuity management (BCM) is a process that helps organisations ...
  • Brazil’s Internet Bill of Rights 10/06/2014 In April 2014 Brazil passed the world’s first Internet Bill of Rights. The Marco Civil da Internet guarantees basic protections for Internet users, and is considered a major step forward for online law. Dubbed Brazil’s ‘Internet Constitution’ the Bill of Rights has catapulted Brazil to a progressive position in digital policymaking, potentially serving as a model for other countries trying to balance user rights against interests of online ...
  • HM Treasury and Financing the UK’s Digital Government 06/06/2014 Her Majesty’s Treasury (commonly known as HM Treasury) is the United Kingdom’s economics and finance ministry. Top stories HM Treasury and Government Spending
  • Is your WordPress security at risk with its open-source software? 04/06/2014 Ever wondered about who developed that WordPress theme or plugin you are using on your website? Are they for real? Could they have written malicious code into their software to compromise your sites’ security, corrupt your database or steal information about your online users? E RADAR’s Will Roebuck discusses some of the security challenges facing organisations ...
  • Regulatory Compliance – Working with the ‘Enforcers’ 02/06/2014 It was whilst collecting my thoughts before a local radio interview that I realised that not all the information security news is bad. Yes, not a day goes by without a story of breach here, a theft there, or a copyright infringement somewhere else. Ashby’s law might convince us not to get out of bed in ...
  • The ICO and Mobile Data Compliance 01/06/2014 Mobile technology brings unique challenges in how organisations are handling our personal data. That was the key message from the UK’s data protection regulator at E RADAR’s recent Trust in Mobile Enterprise Summit in Manchester. Iain Bourne, Group Manager, Policy Delivery at the Information Commissioner’s Office discussed the application of the 8 data protection principles set ...
  • What’s in a web developer contract? 15/05/2014 Many websites are now developed using open source software, for example WordPress. This allows independent developers to create additional functionality such as website templates and plugins. Most of these are free to use but may have premium modules attached for extra functionality. Both customers and web designers need to determine what functionality is allowed free ...
  • How to prepare for proposed EU data protection regulation 11/05/2014 The formal publication of the proposed EU-wide Data Protection Regulation is causing wide concern among boardroom members who fear potential fines of up to 2% of their global turnover. Legislators have delayed the progess of the proposed regulation until after the May 2014 European elections. So, what can business owners do to prepare for proposed ...
  • Will 2014 Elections Make It Easier For Britain To Trade Electronically Across The EU? 02/05/2014 We’re voting for a new European Parliament this month. For the first time this will include the election of MEPs from Croatia. Depending upon who you talk to between 30 percent and 70 percent of UK laws and regulations originate from the European Union. This is especially true of rules affecting how we do business online. Does ...
  • What are the basics of electronic business in the health sector? 25/04/2014 What are the basics of electronic business in the health sector? During my recent workshops on business, risk and governance, medical practice managers have asked me why electronic business is important to their organisations. Practice managers are pivotal in making transformation change across primary care and the local clusters in which they operate. Here are my ...
  • Internet privacy and what a website policy reveals about your brand 16/04/2014 Lack of an Internet privacy policy on your organisation’s website tends to show a lack of respect for the privacy of customers, suppliers, and employees – does it also reflect a business brand that you just can’t trust?. At a time when Internet privacy is always in the news you’d expect companies to take the hint. ...
  • European Court Declares Data Retention Directive Invalid 10/04/2014 On 8 April 2014 the European Court of Justice ruled that the Data Retention Directive 2006/24/EC interferes in a particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data. The Directive is declared invalid. Today’s guest post by Sylvie Rousseau and Matthias Vierstraete explains what the court decided ...
  • Are you ready for the Canadian Anti-Spam Law (CASL)? 03/04/2014 From 1st July 2014 Canada is introducing one of the toughest anti-spam regimes in the world. And this will impact upon marketers around the world looking to sell their products and services into Canada. E RADAR’s Will Roebuck discusses. Canada has become one of the last of the developed nations to enact anti-spam law to help “promote ...
  • CAN SPAM Act 2003 and your email marketing campaign 30/03/2014 Are you sending business emails to recipients anywhere in the United States? The US CAN SPAM Act of 2003 sets out the rules for commercial email. The Act establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and provides tough penalties for violations. The CAN SPAM Act does not apply ...
  • Bribery Act 2010 29/03/2014 The United Kingdom’s Bribery Act 2010 (text) creates a new offence under section 7 which can be committed by commercial organisations which fail to prevent persons associated with them from bribing another person on their behalf. An organisation that can prove it has adequate procedures in place to prevent persons associated with it from bribing will have a defence ...
  • PRINCE2 – Projects in Controlled Environments – A standard for IT projects 19/03/2014 PRINCE2 is a de facto standard developed and used extensively by the UK government and is widely recognised and used in the private sector, both in the UK and internationally. It embodies established and proven best practice in project management.  PRINCE2 (Projects in a Controlled Environment) is a structured project management method based on experience drawn from thousands of ...
  • How to mitigate legal risks in digital project management 19/03/2014 Enabling the business electronically by redefining processes, promoting simplification and standards, defining shared information and data, and collaborating allows for improved speed, more certainty and reduced costs across your enterprise. Yet, private and public organisations are involved in IT-based projects which often run for years, involve great volumes of resources and money, and have major technical ...
  • MEPs approve the Network Information Security Directive 14/03/2014 The European Parliament has approved the Network and Information Security Directive which aims to improve the security of information communications and technology systems across the EU. According to EU Commissioner Neelie Kroes, MEPs will now work with the EU Council on a final text for the directive, with the aim of reaching agreement by end-2014. The European ...
  • Slander vs Libel: Protect your online reputation and brand 14/03/2014 The Internet and social media now enable us to communicate with anyone who is online. And once we’ve clicked on that send button anything we say or do is suddenly out of our control… Or is it?  How do you avoid ex employees or business partners tarnishing your good name over social media and social networking sites? What ...
  • The Antikythera Mechanism – the world’s first computer? 14/03/2014 The Antikythera Mechanism is widely acclaimed as the world’s first analog computer designed to predict astronomical positions and eclipses. Recovered from a shipwreck off the Greek island of Antikythera in 1900 – 1901 the mechanism dates to the first century BC, but its origins are probably much older. A television programme this week has revealed the ...
  • Security and Trust in the Mobile Economy 07/03/2014 The growth in the popularity of smartphones and tablets are just two of the key drivers for security and trust across the mobile economy, according to a top industry expert. Patrick King, Sales Director at Wave Systems was speaking at E RADAR’s Mobile Enterprise Summit in London, organised in partnership with the Digital Policy Alliance, ICT ...
  • Is Your Mobile Business Forensics-ready? 07/03/2014 Small and medium-sized businesses need to have a better understanding of digital forensics and electronic evidence when processing data and information through mobile devices. This was one of the key messages arising out of E RADAR’s Mobile Enterprise Summit in London this month, held in partnership with the Digital Policy Alliance, ICT KTN and Bircham Dyson ...
  • Access Assist – Data Protection App 28/02/2014 International law firm Allen and Overy are certainly thinking outside the box! For the corporate law firm launched a data protection app back in 2012 that aims to help organisations respond to subject access requests (SARs). The app requires iOS 4.3 or later and is compatible with iPad. Known as Access Assist, this smart little data protection ...
  • Simple Mobile Enterprise – Demystifying Hype For SMEs 21/02/2014 According to the Mobile Operators Association there are now 82.7 million mobile subscriptions in the UK. That’s 94 percent of adults who have a mobile phone. Plus plenty of children too! But what effect does all this have upon the relationships between business and customer, government and citizen, employer and employee? And how can small and ...
  • Digital government services to make £1.2 billion savings 04/02/2014 The UK government wants to save £1.2 billion by delivering new digital government services that are better for citizens and businesses, save taxpayers money and help the UK compete in the global race. The proposals were announced by Cabinet Office Minister Francis Maude last week at the Sprint 14 event, a showcase for digital government. Sprint 14 ...
  • Data Protection Policy – what is at stake for whom under the new EU Regulation 19/01/2014 in the World Economic Forum "Global Enabling Trade Report" the US comes below most of the Nordic nations (including the UK and Germany) and just above France. The idea that an US-centric Internet might be a bastion of "freedom" or of "free trade", probably died with the Patriot Act , including its controls over ...
  • Managing Email Misuse At Work 15/01/2014 What is your business liability if an employee misuses your communications network by sending out email erroneously? How can you reduce the risks of being held responsible if an employee libels another in an email? This article look at the legal principle of vicarious liability in relation to email use.     In today’s world of ...
  • Internet Shopping and Consumer Rights 15/01/2014 With global Internet sales increasing year on year consumer choice and robust customer support mechanisms are fast becoming the key differentiators for the consumer when purchasing goods and services online. But not every Internet company has got it right. So, what can you do to ensure the consumer keeps on returning to your website and you ...
  • PSI: Commercial Opportunities In The Public Sector 10/01/2014 PSI – public sector information – is the single largest source of information in Europe, and includes digital maps, meteorological, legal, traffic, financial, economic and other data. No wonder it’s valuable to governments looking to balance the books post recession. E RADAR investigates this most interesting product which is turning public sector bodies into commercial ...
  • 5 Handy Tips For Telecoms Cost Management 10/01/2014 Manage your telecommunications costs effectively: We’re all trying to save money with organisations adopting smarter business practices to reduce capital and operational expenditure, maintain liquidity and, where possible, increase profitability. With so much choice in the UK’s competitive communications market driven overseen by communications regulator Ofcom, it makes sense to review your digital communications strategy regularly. This ...
  • Services Directive 30/11/2013 The EU Services Directive was introduced to remove unjustifiable or discriminatory requirements affecting the setting up or carrying on of a relevant service. A service is an economic activity normally provided for remuneration and which is not a contract for employment. Types of a service include Business services: management consultancy; professional services such as lawyers, accountants and actuaries; advertising; certification and testing; facilities management, including office maintenance; ...
  • No legal certainty for SMEs with Data Protection Reform 29/10/2013 The proposed General Data Protection Regulation (GDPR) continues to cause controversy, despite the political agreement reached this week on a compromise text in the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE). Despite over 4,000 tabled amendments made to date, the GDPR won’t provide a single framework for Data Protection in Europe. This will bring ...
  • Electronic Protection Tips to Thwart Identity Theft 22/10/2013 It seems identity theft is always in the news as criminals find more ingenious ways of getting hold of your personal information to commit fraud, especially online. This article looks at simple steps you can take to protect your identity. You walk into the coffee shop to get your morning coffee, as usual, but to your ...
  • Establishing Security and Trust in the Digital World 18/10/2013 They are both the Pandora’s Box and Holy Grail of electronic business. How to establish online security and trust for customers, suppliers and the wider digital community? Gareth Neal from IT Governance discusses the awkward questions at E RADAR’s recent Trust in Mobile Enterprise Summit. In today’s online economy, people, processes, technology and information are all interlinked ...
  • Cyber Liability Insurance and Protecting SMEs 15/10/2013 Cyber liability insurance orginates from the USA. Whilst cyber liability insurance has been around for some time, the market has yet to mature in the UK and across Europe.  Insurance broker Duncan Sutcliffe set out the benefits of taking out a cyber liability insurance policy for small and medium-sized firms at E RADAR’s recent Trust in ...
  • Securing Mobile Payments 15/10/2013 International corporate VP and E RADAR Trustee Simon Cattlin looks at securing mobile payments as an essential element in forming an electronic contract via a mobile device, in his presentation to E RADAR’s Trust in Mobile Enterprise Summit. With over 20 years’ experience in the IT industry Simon highlighted the UK’s economic need to get mobile ...
  • When to Ditch Your Leather Wallet for a Mobile Digital Wallet 11/10/2013 The digital wallet revolution is the next phase of making it easy for you to spend your money from a mobile device. But is it catching on? Business Insider says that only 25 percent of U.S. consumers polled had an interest in digital wallets for purchasing products in a physical store. Almost 75 percent said they were ...
  • BYOD Policy – What’s holding you back? 04/10/2013 The first of E RADAR’s flagship digital business summits is taking place in Manchester next week with discussion and debate on the opportunities and threats with mobile enterprise and mobile working. Top speakers from industry, government and academia will challenge delegates with 6 hours of back to back seminars on the key issues that matter. Keynote speaker ...
  • Technology in the Break Room that Can Be Hacked 24/09/2013 We don’t realise how much our working lives are integrated with smart technologies. We can now use mobile devices to pull our curtains back, turn on light switches and even reorder food for our fridge. Isn’t this just a recipe for an IT security disaster as hackers intercept the signals from our mobile devices? Well, ...
  • Directive on the legal protection of computer programs (2009) 21/09/2013 EU Member States must protect computer programs by copyright. Programs should be protected as literary works, within the meaning of the Berne Convention for the Protection of Literary and Artistic Works. Computer programs include their preparatory design material. The protection provided for in Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection ...
  • The Legitimate Concern of Consumers & In-Store Tracking 19/09/2013 As more retailers champion the benefits of mobile enterprise by targeting customers on the move, what price to pay for their privacy? E RADAR discusses some of the concerns raised by in-store tracking…    When Nordstrom posted signs last fall telling customers the retailer was tracking them using their cell phones, shoppers were not too happy ...
  • Internet Trolls – Should We All Become Online Police? 13/09/2013 Last night I watched the Tonight programme on Fear and Loathing Online.  I was left dumbstruck by the cold and callous attitude of the Internet troll who insisted it was his God-given right in free speech to make the lives of others a misery online. Never have I experienced anyone so calculating and animalistic since I ...
  • Going on a Cyberspree? Stay Secure While Shopping Online 29/08/2013 E RADAR’s John Brook looks at how to protect yourself from cyber criminals when shopping online… Soon we won’t have to leave the house for anything. Whether you need clothes or cars, you can buy it online with a credit card and a few clicks of the mouse. Not all online stores are created equal, however. ...
  • In the blue corner: mobile strategy; bring-your-own-device in the red 27/08/2013 Here at E RADAR we recognise that mobile enterprise is the future for information society and the digital economy. The important thing is making that mobility safe and legal. That’s no mean feat given the risks created by the ‘Martini factor’ of ‘Any time, any place’ (except certain Greater Manchester suburbs where a rationalisation of ...
  • 5 Ways to Safeguard Your Smartphone Data 14/08/2013 Our Washington-based Tech Editor Jim Richardson looks at how your company can safeguard its smartphone data. With 58 percent of the mobile market dominated by smartphones according to comScore, they can be found in plenty of pockets. These phones are present in many aspects of people’s lives, from checking bank accounts to playing “Angry Birds.” Yet the same people ...
  • Banks Join the Fight Against Identity Theft 29/07/2013 Identity theft is on the increase. E RADAR’s Jim Richardson looks at the issue from a US perspective and how some consumers may be losing out to the online fraudsters Identity thieves are growing more sophisticated, and they’re preying on many people through their connection to their banks. The results are disastrous and costly: Identity theft costs consumers ...
  • Compliance Summit: Mobile Enterprise 09/07/2013 The UK Information Commissioner will make the keynote speech at E RADAR’s first Compliance Summit on mobile enterprise in Manchester
  • Legal Aspects of Electronic Data Interchange Recommendation 1994 28/06/2013 The EU’s Legal Aspects of Electronic Data Interchange (EDI) Recommendation 1994 is a legal forerunner of today’s digital economy. And the model EDI Agreement it introduced is still being used to help deliver goods and services around the world… Have you ever thought about what goes on back-end to ensure your can of baked beans gets to ...
  • NSA PRISM Outcry: How to Protect Yourself From the American Government 28/06/2013 As the NSA PRISM debate rages E RADAR’s Jim Richardson looks at some of the steps you can take to protect your online personal privacy from the prying eyes of government. Today it seems like you have no privacy at all. Your home may be monitored at any time by both legitimate and illegitimate sources. If ...
  • Prime actions for the EU Network and Information Security Directive 23/06/2013 Following on from E RADAR’s recent submission to government, Dr Daniel Dresner sets out his own wish-list for the draft EU Network and Information Security Directive. So. We need a directive about Network and Information Security? Brussels says so. And yes, it is necessary. We needed Tufty, the late Jon Pertwee, and the Green Cross Man ...
  • Consultation Response – EU Network and Information Security Directive 22/06/2013 E RADAR has submitted its response to the UK Government’s consultation on the proposed EU Directive on Network and Information Security Online business is global business. The revolution of digital technologies has changed society and our economy fundamentally. The ease of accessibility and searchability of information contained in computer systems, combined with the practically unlimited possibilities ...
  • Walls have ears, social walls listen! 19/06/2013 As E RADAR launches its latest online tool to help businesses stay up-to-date with the plethora of laws, regulations, standards and best practice out there in cyber space, guest blogger Jemon Harnad gives it the ‘once over’ and reports back… I once told a dinner date I worked in IT governance. Couldn’t see him for dust and ...
  • Net Neutrality Is the Next Cyber Battlefield 17/06/2013 The lines are drawn on net neutrality as EU Commissioner Neelie Kroes sets out her plans to stop online throttling and line blocking. But in the US the issue is not so cut and dry. Jim Richardson discusses his concerns. If you’ve been paying attention to what’s going on with the web at all for the ...
  • Intellectual Property Bill and Clause 13 16/06/2013 The UK Government is proposing a new Intellectual Property Bill which would seem to criminalise businesses for what they do best – to innovate. IP Minister Lord Younger has introduced a new Intellectual Property Bill to help UK businesses wanting to protect their products and technologies through patents and design right. The Bill aims to help businesses ...
  • The Murkier Side Of Ecommerce Apps 12/06/2013 Children’s champion and guest blogger John Carr looks into the growing trend of children paying for ‘fremium’ ecommerce apps and the responsibilities companies should have when selling them. The Office of Fair Trading is the UK’s competition watchdog. This is how they describe their work. “The OFT’s mission is to make markets work well for consumers. Markets work ...
  • Google Project Re: Brief to Revolutionize Digital Advertising 02/06/2013 Technological and creative experts are looking back to iconic moments of the past to reshape the way advertising is strategized today. Since the advent of the Internet, digital marketing has grown into obnoxious pop up ads and overlooked website banner ads to clever social media marketing techniques. Now, Google continues that evolution by releasing the ...
  • EU Data Protection Reform – A ‘Demented’ Set Of Regulations? 30/05/2013 Plans to update data protection laws in Europe are facing increasing criticism from members of the European Parliament, with one UK commentator calling the draft proposals “a completely demented set of regulations.” But Justice Commissioner Viviane Reding remains adamant that her proposals should become law and has even accused the UK Government of introducing additional complexities. In ...
  • A Social Media Policy for SMEs 24/05/2013 The concept of organisations using a social media policy is still relatively new. But more companies are now turning to sites such as Twitter, Facebook and LinkedIn in order to target potential customers and to raise business profile. So the need to have a social media policy in place to help reduce online risks is increasing. I’ve ...
  • Speculate To Accumulate – The Fight For Shepley Broadband 18/05/2013 As Martha Lane Fox, the UK’s Digital Champion makes her maiden speech in the House of Lords about digital inclusion and the economic benefits of having Internet access, one village in Yorkshire is fighting to get next generation broadband. E RADAR’s Will Roebuck sets out the case for Shepley Broadband. Shepley will always be a special place ...
  • Enterprise and Regulatory Reform Act 2013 16/05/2013 The UK’s Enterprise and Regulatory Reform Act 2013, which received Royal Assent on 25th April is making sweeping changes to the UK’s competition regime. The Act will come into force by April 2014.  The Enterprise and Regulatory Reform Act 2013 also makes changes to legislative procedure by allowing future reforms to exceptions to copyright to be delivered through new ...
  • I am not an IP address 16/05/2013 Top Internet lawyer Graham Smith is alarmed by suggestions made ahead of last week’s Queen’s Speech that everyone may be allocated an Internet Protocol (IP) address when communicating over the Internet.  The truism that an IP address denotes a device, not a human being, is ingrained in anyone with a technical understanding of the internet.  Nothing gets a ...
  • 70% Companies Failing To Use Online Tools Effectively 15/05/2013 Martha Lane Fox‘s maiden House of Lords speech. The Queen’s Speech debate on 13 May 2013. 70 per cent of companies don’t use online tools effectively and are missing out on a staggering £18 billion, according to the UK’s digital champion. In her maiden speech before the House of Lords, Baroness Lane-Fox of Soho said that giving ...
  • CISPA: The Cyber-Spying Legislation That Won’t Go Away 15/05/2013 The House of Representatives passed the Cyber Intelligence Sharing and Protection Act (CISPA) on April 18, almost a year to the day after it also passed CISPA in 2012. The Senate voted the bill down in 2012. In this year’s edition, it simply decided not to vote on the bill at all, reports the LA ...
  • Proposed Cyber Law in the USA 07/05/2013 The growing number of cyber threats from both at home and abroad now mean that national governments are investing heavily in anti-e-crime and security technologies. Governments are also adopting new cyber law to help prevent cyber attacks, strengthen critical infrastructure and bring those who are responsible to justice. This E RADAR article lists around 10 out of ...
  • Defamation Act 2013 06/05/2013 The UK Defamation Act 2013 amends the law of defamation. The proposals impact upon media publishers. Following agreement by both Houses on the text of the Bill it received Royal Assent on 25 April. The Defamation Act 2013 (text) is primarily concerned with the English civil law of libel and slander (defamation) – the torts which protect a person’s reputation. The common law offences of ...
  • Raping the ‘Public Interest’ – Anonymity before a Criminal Charge 05/05/2013 “If we look to the laws, they afford equal justice to all in their private differences; if no social standing, advancement in public life falls to reputation for capacity, class considerations not being allowed to interfere with merit; nor again does poverty bar the way.” Pericles, the Athenian leader, 431BC It’s wrong for a civilised society championing equality before ...
  • Legal Protection of Databases Directive 01/05/2013 The European Directive on the legal protection of databases was adopted in February 1996. The Legal Protection of Databases Directive Directive created a new exclusive “sui generis” right for database producers, valid for 15 years, to protect their investment of time, money and effort, irrespective of whether the database is in itself innovative (“non-original” databases). The ...
  • No. 10 and Deputy PM sites complete transition to award-winning GOV.UK 30/04/2013 All ministerial department corporate sites, as well as those of the Prime Minister and Deputy Prime Minister, are now on the single government domain.
  • Congress Reviews Conflicting Rules Governing Electronic Privacy 25/04/2013 United States: Congress is set to clarify conflicting rules to bring the 25-year old US Electronic Communications Privacy Act of 1986 (EPCA) in line with the Internet Age following a 2010 federal appeal court ruling in Ohio which concluded that the Government had violated the rights of a defendant during a previous legal case. Businessman Steven Warshak ...
  • Data breaches – new report shows no organisation is immune 25/04/2013 Financially-motivated e-crime and state-affiliated espionage campaigns are the two top causes of data breaches in organisations, according to a new report published this week The Verizon 2013 Data Breach Investigations Report draws on data from 19 organisations including the European CyberCrime Center. It includes data from 19 global security organizations with an analysis of a 47,000+ security incidents and ...
  • Anonymous Justice in the Internet Age 18/04/2013 I have just been sent a link to a story of how "Anonymous", whoever or whatever they are, "solved" a particularly nasty case of gang rape and cyberbullying leading to suicide inside two hours after the RCMP had got no-where in year. The case raises many issues from how police investigations should be conducted in ...
  • Don’t you dare say, ‘lite’! 17/04/2013 It’s the dumbing down of standards. If experience, knowledge, wisdom (and the occasional test) suggest a set of actions or measurements are needed to mitigate risks, who are we to hold our broken mirror up against requisite variety and chop off the bits that we can avoid seeing by holding the mirror just so? Tacit ...
  • Cabinet Office reveals new Open Standards Board members 17/04/2013 Members of the Open Standards Board have been announced.
  • Cyber Warfare – Role Of Western Powers? 17/04/2013 It’s been reported that hackers have been able to target government systems across Europe via a floor in Adobe software. Whilst nothing was compromised details of the attacks have been circulated across NATO member states. Why? Because the attacks – dubbed ‘Miniduke‘ – were so sophisticated that it’s likely a nation state was behind them. China is ...
  • E RADAR’s Top Tech Lawyers 2013 12/04/2013 E RADAR's Top Tech Lawyers 2013
  • EU Data Protection Reform: Key Areas for Debate 10/04/2013 Deputy UK Information Commissioner David Smith discusses his concerns about the EU’s proposed plans for Data Protection reform When I last wrote about the EU data protection reform proposals, it was to outline the process that the reforms would go through across 2013. It was clear that there was much work to be done discussing the ...
  • Foreign and Commonwealth Office (FCO) 09/04/2013 The Foreign and Commonwealth Office (FCO) promotes British interests overseas, supporting our citizens and businesses around the globe. The Foreign and Commonwealth Office and its network of embassies and consulates is a unique national asset. British diplomats have world-class skills in understanding and influencing what is happening abroad, supporting our citizens who are travelling and living ...
  • IPR Wars: who really are the heroes and villains, winners and losers? 08/04/2013 Unless the UK and Europe help lead the way towards a win-win solution, they will cease to be among the locations of choice for those seeking to build and grow innovative businesses. They will have been crushed between India and China and their trading partners as US lawyers and lobbyists enlist the UK and EU ...
  • Financial Services Act 2012 07/04/2013 The UK’s Financial Services Act 2012 came into force on April 1st 2013 and implements the Government’s commitment to strengthen the financial regulatory structure in the UK. The legislation delivers significant reform of the current regulatory system, which divides responsibility for financial stability between the Treasury, the Bank of England and the Financial Services Authority (FSA). The Financial ...
  • Department for Education 04/04/2013 The UK’s Department for Education is committed to creating a world-class state education system. To help achieve this goal it has published its own Digital Strategy to reflect the UK Government’s overall policies. This briefing provides information on the role of the Department for Education in policy-making, the Digital Strategy and procurement opportunities for the private sector. The Department for Education ...
  • The challenges for Health Records and Data Protection 02/04/2013 The health sector continues to be a priority area for us. In the last year alone we have served monetary penalties totalling over a million pounds on health service organisations who have committed serious breaches of the Data Protection Act. Many of these breaches have resulted in the loss of patient data, the majority of ...
  • ISO 31000 Risk Management Standard 02/04/2013 ISO 31000:2009 (ISO 31000) is the International Standard for risk management. The standard provides principles and practices for generic risk management that can be employed no matter the sector, type or location of the organisation. The principles and practices in the standard can be applied throughout a wide range of activities with an organisation. These activities ...
  • Department of Health – DH (UK) 02/04/2013 The UK Department of Health (DH) helps people to live better for longer. The Department of Health leads, shapes and funds health and care in England, making sure people have the support, care and treatment they need, with the compassion, respect and dignity they deserve. The Department of Health is a ministerial department, supported by 24 agencies ...
  • 10 ways copyright engages with freedom of expression 31/03/2013 The recent Donald Ashby (sub nom Ashby Donald) decision of the European Court of Human Rights has revived interest in the relationship between copyright and freedom of expression. The litigation arose because two of the defendant photographers had put on their US website pictures taken by the third at the Paris fashion shows. Under French ...
  • Business Connectivity Market Review 28/03/2013 The UK communications regulator Ofcom has published a final statement on its Business Connectivity Market review. Following comments from the European Commission on a draft statement published on 25 February, Ofcom is confirming its decisions. These are designed to promote competition and help ensure the UK has a backbone of high-speed networks capable of supporting the future data demands ...
  • Telecoms User Rights in Europe 27/03/2013 The European Union’s package of measures for the EU-wide telecoms market provide important rules and user rights for citizens who use fixed land lines, mobile phones and the Internet to make calls and access other communications services. This means you! Telecoms user rights Rights for European Citizens include: the right to change your phone provider in just one day, for ...
  • Why bring your own device (BYOD) is not just an IT issue 27/03/2013 I was fortunate this week to be both a speaker and a panellist at Questex Asia’s ‘BYOD and Mobile Security conference held in Singapore. It turned out I was the only lawyer in a room of 200 plus IT people, which … Continue reading →
  • E-commerce Directive 2000/31/EC 26/03/2013 The European Union’s Electronic Commerce Directive (the E-commerce Directive) establishes a framework for electronic commerce across the European Union’s internal market and aims to provide legal certainty for business and consumers alike. Introduced in 2000, the Directive establishes harmonised rules on transparency and information requirements for online service providers, commercial communications, electronic contracts and limitations of liability ...
  • Compulsory Data Protection Assessments for the NHS 25/03/2013 ICO Assessment Notices The UK Ministry of Justice is consulting on a proposal to extend the powers of the Information Commissioner to carry out compulsory assessments of NHS bodies’ compliance with the Data Protection Act 1998 and its data protection principles. It seeks views from NHS data controllers across the United Kingdom. The proposals for compulsory data protection ...
  • The War on Gossip renewed: UK Crime and Courts Bill 25/03/2013 Should the Crime and Courts Bill become law in its Levesonised form, it will have the dubious distinction of being the first UK statute in which the word ‘gossip’ appears.  As such, it can perhaps be seen as a new phase in the War on Gossip commenced by Warren and Brandeis in their seminal ...
  • Internet Advertising Market – Boom, Bust or Merely Maturing? 15/03/2013 The cost, effectiveness and "neutrality" of Internet advertising appears to be nearly as interesting to small firms thinking of going on-line as the probability that they will get paid and not hit with charge backs after they think the payment went through.
  • Cabinet Office 15/03/2013 Movers and shakers The UK Cabinet Office (CO) supports the Prime Minister and Deputy Prime Minister, and ensure the effective running of government. The CO is also the corporate headquarters for government, in partnership with HM Treasury, and takes the lead in critical policy areas including: supporting collective government, helping to ensure the effective development, coordination and ...
  • MOD (Ministry of Defence) 14/03/2013 The UK’s Ministry of Defence (MOD) protects the security, independence and interests of the United Kingdom at home and abroad. The government department works with UK allies and partners whenever possible. Its aim is to ensure that the armed forces have the training, equipment and support necessary for their work, and that it keeps within ...
  • DWP (Department for Work and Pensions) 13/03/2013 The UK’s Department for Work and Pensions (DWP) is responsible for welfare and pension policy and is a key player in tackling child poverty. It is the biggest public service delivery department in the UK and serves over 20 million customers. DWP supports the government’s commitment to being transparent about public finances. DWP delivers its customer services ...
  • If the DWP programme is on track, what is the track? 12/03/2013 I would be most grateful for any comments on errors and ommissions in the above list but it will be fairly obvious why Cabinet Office finally appears to have conceded defeat on the thankless task of trying to co-ordinate ID policy. I should perhaps that I was never a fan of ID cards beause I ...
  • Mobile Electronic Waste – responsible and ethical WEEE 11/03/2013 We are now realising that electronic waste is a growing problem not only in the UK but throughout the world. Mobile electronic waste is no different. So the precious metals and toxic materials inside cell phones must be handled properly in accordance with The RoHS and The Waste Electrical and Electronic Equipment Regulations 2006 . It is ...
  • Cloud Computing Consultation 08/03/2013 Cloud Computing Consultation
  • Personal Devices and Data Protection – New Guidelines for the Workplace 07/03/2013 Personal devices and data protection – New guidance aims to address ‘laissez faire’ attitude to allowing staff to use personal devices for work business The UK Information Commissioner’s Office (ICO) has published new guidance explaining some of the risks organisations must consider when allowing personal devices, such as laptops, smartphones and tablet computers, to be used to process work-related ...
  • 10 Compliance Tips for Boardroom Directors 04/03/2013 Compliance tips For many people compliance isn’t the most interesting of topics to discuss but for a business it is one of the most essential. New rules and regulations come into force almost daily with a never ending stream of newspaper reports about businesses failing to implement proper compliance controls. For small and medium-sized enterprises compliance can ...
  • Transformational Government as Cabinet Office announces new corporate and policy website 28/02/2013 GOV.UK is the new place for corporate and policy information from the Cabinet Office.
  • US Digital Millenium Copyright Act 28/02/2013 Boardroom briefing The Digital Millenium Copyright Act (DCMA) is a comprehensive reform of United States copyright law seeking to respond to the digital age and the World Intellectual Property Organisation’s treaties on copyright. The DCMA makes it a crime to circumvent copyright protection (Digital Rights Management, DRM) systems, sets out principles of ‘fair use’ in a ...
  • Commission announces €50 million investment in 5G research 28/02/2013 Commission announces €50 million investment in 5G research
  • ISO 9001 Quality Management Systems Requirements Standard 27/02/2013 ISO 9001: 2008 is a standard which specifies the requirements for a quality management system (QMS) where an organisation (1) needs to demonstrate its ability to consistently provide product that meets customer and applicable regulatory requirements, and (2) aims to enhance customer satisfaction through the effective application of the system. This includes processes for continual ...
  • ITIL Service Management Standard 26/02/2013 ITIL® is the most widely adopted approach for IT Service Management in the world.  It provides a practical, no-nonsense framework for identifying, planning, delivering and supporting IT services to the business. ITIL advocates that IT services must be aligned to the needs of the business and underpin the core business processes. It provides guidance to organizations on how to use IT as a ...
  • Can Big Data help balance the Budget? 25/02/2013 What are the "real" marginal tax rates (including withdrawal of benefits or tax credits) paid by how many (businesses, large and small as well as by individuals) and how would proposed changes effect these, encouraging and attracting creators, or driving them off shore?
  • ISO/IEC 20000 Part 1 – Service Management System Requirements Standard 25/02/2013 The ISO/IEC 20000-1:2011 standard specifies the requirements for a service management system (SMS). It details requirements for the service provider to: plan; establish; implement; operate; monitor; review and maintain and improve an SMS Who is ISO 20000 for? The requirements within the standard include the design, transition, delivery and improvement of services to meet agreed service requirements. ISO/IEC 20000-1:2011 ...
  • ISO 14001 2004 Environmental Management Systems Requirements Standard 25/02/2013 ISO 14001:2004 specifies the requirements for an environmental management system (EMS), which provides a framework for an organisation to control the environmental impacts of its activities, products and services, and to continually improve its environmental performance. The international standard applies to those environmental aspects which the organisation can control and over which it can be ...
  • Justice in the Internet Age – no longer trial by ordeal? 19/02/2013 The recent suicide of a victim while the Jury was deliberating helps add perspective to the recent debate on whether “Trial by Google”  is “a risk to the Jury system“. The opportunity should be used to facilitate a rebalancing of justice. Should we not return to something more akin to a Saxon investigative Jury seeking to understand what happened, followed ...
  • Commercial advantage and legal compliance 13/02/2013 Whilst our consumer buying habits may be destroying high street shopping our love affair with e-commerce shows no sign of fading. But with online risks increasing, organisations need to consider adopting recognised legal compliance frameworks in order to mitigate their liability and get commercial advantage. The Telegraph reports that Britain is the biggest online shopping nation in ...
  • Internet Governance Forum (IGF) 08/02/2013 The Internet Governance Forum (IGF) is a multi-stakeholder policy dialogue group formed by the United Nations in order to carry out the mandate from the World Summit on the Information Society (WSIS). The Internet Governance Forum aims to discuss public policy issues related to key elements of Internet governance in order to foster the sustainability, robustness, security, ...
  • Cybersecurity strategy and directive published 07/02/2013 An open, safe and secure cyberspace is the corner stone of a new cybersecurity strategy published by the European Commission today. The strategy, accompanied by a proposal for a new cybersecurity directive aimed at maintaining high levels of cyber security across Europe intends to protect information and communications technology – the backbone of Europe’s economic growth and a ...
  • Is BT now a takeover target? If not, why not? 07/02/2013 the Liberty take-over should cause us to take a new look at the UK Broadband and Communications markets (business as well as entertainment) – as seen through market eyes rather than the current mix of regulatory myopia and political tunnel vision.
  • Legal ethics and social media 06/02/2013 So you’ve just updated your status on Facebook informing your friends that you’ve been involved in a car accident. Moments later advertisements pop up on your screen offering the services of “where there’s blame there’s a claim” lawyers. You even get an unsolicited email trying to sell you a new car with all the latest ...
  • ‘To vote’ or ‘register to vote’ – what’s our civic duty? 06/02/2013 The Electoral Registration and Administration Act has received Royal Assent.
  • Millions of lives blighted by toxic Big Data 06/02/2013 They politely bludgeoned into me, , the message that I should not believe the analysis, however statistically reliable, until I had not only worked out the likely causitive mechanism, but tested it.
  • Finding a friendly archaeologist 06/02/2013 The UK Information Commissioner has announced his support for mandatory data protection audits for local councils and the NHS. When I read James Michener’s ‘The Source’, I was struck by the sad end when years of painstaking archaeology failed to uncover the artefact of great significance that started the events in a novel of significant page ...
  • The Midsomer Broadband Murders were only the start of the slaughter 04/02/2013 In the 18th and 19th Centuries Birmingham, particularly Digbeth and the Jewelry Quarter, was at the heart of the UK’s communications infrastructure, from canals through to railways to the ports of Bristol, Liverpool, Newcastle and Southampton as well as to London. The failure of BT and Virgin to give them similar global connectivity today is ...
  • Electoral Registration and Administration Act 2013 02/02/2013 The Electoral Registration and Administration Act 2013 makes provision about the registration of electors and the administration and conduct of elections; and amends section 3(2)(a) of the Parliamentary Constituencies Act 1986. The Act aims to reduce electoral fraud by speeding up the introduction of Individual Electoral Registration and to modernise our electoral registration system, making it ...
  • It’s all about broadband – UK consultation 01/02/2013 The Government is proposing changes to siting requirements for broadband cabinets and overhead lines to facilitate the deployment of superfast broadband networks across the UK. In a consultation published today, the Department for Culture Media and Sport (DCMS) is proposing that for five years, broadband street cabinets and new poles can be installed under permitted development ...
  • Unfair Trading and European Retail Action Plan 31/01/2013 Unfair trading features high on the political agenda today with the publication of a Green Paper aimed at stimulating growth across the European Single Market. A three-month consultation will help the European Commission to assess the magnitude of unfair trading practices and gather evidence on their effect on the economy and on cross-border activity. The consultation forms ...
  • US Federal Trade Commission settles Google competition case 31/01/2013 In the first of E RADAR’s articles looking at what’s trending in the laws of cyber space for 2013 we take a look at the current US Federal Trade Commission (FTC) investigation into Google with transatlantic specialist lawyers Eric Synod and Jonathan Armstrong. The FTC case against Google that the number one website company has flouted ...
  • ID Theft: Staying safe in an online world 31/01/2013 Identity theft is on the increase and we all need to take more responsibility for how we manage our digital footprints. This infograph, based upon US statistics but applicable anywhere sets out some of the important facts, considerations and what you can do to protect yourself. Source: visual.ly via Thomson Reuters on Pinterest
  • HM Revenue & Customs 28/01/2013 HM Revenue & Customs (HMRC) is the UK Government department responsible for ensuring that the correct tax is paid at the right time, whether this relates to payment of taxes received by the department or entitlement to benefits paid. Top stories Responsibilities of HM Revenue & Customs HMRC was formed by the merger of Inland Revenue ...
  • EU Data Protection Reform – ICO Latest 27/01/2013 The European Union has been at the top of the news agenda this week, with talk of reforms and a referendum, but for the ICO developments in Europe have been near at the top of our agenda for some time. That’s because of the planned EU data protection reforms. It’s a topic I’ve talked about before, ...
  • E-crime legal resources for boardroom business 16/01/2013 Electronic crime (or e-crime, computer crime, netcrime, cybercrime etc.) has many definitions and disguises. But essentially these all concern criminal (or terrorist) offences planned or committed using computer systems and networks. Sometimes criminal activity is carried out against the systems and networks themselves. E-crime can threaten a nation’s security and financial health as well as harm ...
  • Midsomer Murders: The Broadband Killings 14/01/2013 Inspector Barnaby’s wife, however, blamed the blogger who first suggested that Government should devolve planning decisions on broadband to local communities. It was not as though he did not know what he doing.
  • When Internet shopping is MORE expensive 10/01/2013 Who has (or should have) the responsibility for taking action (e.g. removing the registration under current terms and conditions) of those currently trading on-line in breach of the Distance Selling regulations and the e-Commerce Directive Rregulation – let alone under the proposed new regime?
  • Top 10 Mobile Working Strategies for 2013 07/01/2013 Mobile working can bring enormous benefits to the organisation; more flexibility among staff, the need for less office space, reduced energy bills and a less stressed work force Working as a legal consultant for a global technology company I used to spend 4 hours each day commuting. The trains were always packed, I never got a seat, ...
  • UK Government Shared Services Strategic Plan 04/01/2013 The Next Generation Shared Services Strategy outlines how government departments and arms-length bodies will work together to share functions such as HR, procurement, finance and payroll to deliver potential savings of between £400 and £600 million a year in administration costs. 
  • Debilitating IT: Customers first, all else will follow 04/01/2013 E RADAR’s Will Roebuck questions whether some debilitating IT systems are destroying goodwill with customers I’m grateful to Philip Virgo, Chairman of the Conservative Party Technology Forum for inspiring this article, to Google for its title (I’ve nicked one of the company’s many corporate objectives) and to Barclays Bank for an unfortunate case study. My theme and ...
  • US Congress could ban Internet legislation for 2 years 03/01/2013 Is US Congress seriously considering tying its own hands in barring the introduction of further legislation concerning the Internet? It seems so.  Californian Republican Congressman Darrell Issa  is proposing a new Bill – the Internet American Moritorium Act (IAMA) which will put an end to further internet legislation for two years. Will this put an unacceptable ...
  • 2013: The year for fixing your broadband or changing supplier? 01/01/2013 It illustrates, however, just how vulnerable are those who seek to follow government advice and work from home or otherwise rely on on-line services – at least until such time as Ofcom focuses on its statutory priorities and enables and encourages communications supplies to compete on quality of service and not just headline price.
  • Digital Policy Review 2012 01/01/2013 E RADAR will shortly be publishing its annual review of the digital policy agenda in ebook format. The review will examine what’s happened over the past 12 months both in the UK and Europe and look forward to what we can expect in 2013. If you would like to receive notification when the ebook becomes available, ...
  • Congratulations to Malcolm Harbour MEP on his CBE 31/12/2012 Malcolm now chairs the planning and review meetings of the DPA Digital Single Market stream himself and I look forward to seeing serious progress over the year ahead as this mark of support and respect, for his achievements to date and for those to come, encourages those in industry and the various consumer and citizen ...
  • Predictions for HMG ICT in 2013 28/12/2012 But they will not be sorted and the consequent benefits will not be reaped unless those responsible have to report progress to those with the authority to resolve cross-boundary problems and not "just" to their own Permanent Secretary, with Cabinet Office trying to "co-ordinate". I look forward to hearing good news on this front ...
  • Lessons from ‘Smeargate’ 22/12/2012 This gives context to the proposals for an Intellectual Property Crime Unit and a Digital Copyright Exchange . Time is running out to rewrite the relevant sections of the Digital Economy Act before they are seen to bring copyright enforcement into as much disrepute as the Volstead Act did for prohibition.
  • Greater freedom on digital copyright announced 20/12/2012 The UK government has today responded to the recent Hargreaves Review on Intellectual Property by allowing consumers greater freedom to use copyright works such as computer games, paintings, photographs, films, books, and music, while protecting the interests of authors and right owners. The new measures form part of the Government’s response to creating a modern, robust and ...
  • Social media prosecutions: calling names will hurt you! 20/12/2012 “Sticks and stones will break my bones, and calling names will hurt you!” The old school yard taunt may take a new direction from this week following the publication of interim guidance on prosecuting cases involving social media websites such as Facebook and Twitter. For where the proposed rules fail to protect innocent online users under criminal law, the civil ...
  • Busting the myths on mobile commerce 17/12/2012 I recently attended a Technology Strategy Board meeting in Salford Keys to discuss the latest funding opportunities  for innovation in mobile commerce. First impressions – a great bunch of people all passionate about online business, innovation and the opportunities m-commerce can bring. What struck me was the get-up-an-go attitude not only from UK-based innovators but from ...
  • UK and US block Internet Regulation 16/12/2012 The United Kingdom and other member states have blocked an attempt to put the United Nations in control of the Internet at a conference in Dubai this week. The International Telecommunication Union (ITU) – the UN’s agency for information and communications technology – brought together representatives from around the world to try and agree on updating ...
  • Intellectual Property Office (IPO) 14/12/2012 The Intellectual Property Office (IPO) is the official government body responsible for granting Intellectual Property (IP) rights in the United Kingdom. These rights include: Patents Designs Trade marks Copyright The Intellectual Property Office is an Executive Agency of the Department for Business Innovation and Skills (BIS) . The Intellectual Property Office promotes innovation by providing a clear, accessible and widely understood IP system, which enables the ...
  • UK a nation of hi-tech TV lovers, report reveals 13/12/2012 Ofcom, the UK Communication Regulator has today published the seventh International Communications Market Report into the global communications market. It examines take-up, availability, price and use of broadband, landline telephone, mobiles, TV, radio and postal services.  The report reveals that the global communications sector revenues (telecoms, TV, post and radio sectors)  grew in 2011 by 3.7%, ...
  • Nominet consults on new top level domain names for Wales 13/12/2012 Nominet, the UK’s Internet  domain name registry has launched a public consultation on proposals for the new internet domains for Wales; .cymru and .wales. The consultation sets out a range of proposals for how the new domains should be launched and managed.  Feedback is being sought on a number of areas including: Whether there should be any link between .wales and ...
  • Digital Policy Alliance 12/12/2012 The Digital Policy Alliance (EURIM) is the policy voice of the internet and technology sector. Originally formed in 1993 as EURIM the organisation has re-branded as the Digital Policy Alliance to help show government the unprecedented potential of digital innovations to build a stronger economy and more efficient and inclusive public services. The Digital Policy Alliance is ...
  • European Commission 12/12/2012 The European Commission represents the interests of the EU as a whole. It proposes new legislation to the European Parliament and the Council of the European Union, and it ensures that EU law is correctly applied by member countries. The Commission has the right of initiative to propose laws for adoption by the European Parliament and the Council ...
  • Communications data – a mean, lean regulatory regime? 11/12/2012 A Joint Parliamentary Committee examining the draft Communications Data Bill has criticised the proposal as legislation overkill and would trample on the privacy of UK citizens, in a report published today The Bill aims to update current laws by giving the police and security services access to communications data for the purposes of tackling serious crime and ...
  • Future of the Internet – time for the mature debate? 10/12/2012 I do hope we will have a better informed and constructive debate before those driving open (and royalty free) communications standards for an IPV6 world of ubiquitous global computing leave the "lawyer-bound West struggling in their wake.
  • The Scottish Government 10/12/2012 The Scottish Government is responsible for most of the issues of day-to-day concern to the people of Scotland, including health, education, justice, rural affairs, and transport. The Scottish Government was known as the Scottish Executive when it was established in 1999 following the first elections to the Scottish Parliament. The current administration was formed after elections ...
  • Another Sad Day for Press Freedoms 07/12/2012 Today has been another miserable day for freedom of the Press. Nurse Jacintha Saldanha, who was working on reception at the hospital where the Duchess of Cambridge was staying recently when Australian DJs made a prank call, has died in an apparent suicide. All for the sake of radio ratings. I berate anyone (and I have seen several tweets trying ...
  • Peddling Indecent Images of Children – What Sentence? 06/12/2012 The UK Government is consulting on new sentencing guidelines on indecent images of children as part of a wider discussion on new sentencing guidelines for sexual offences. These offences relate to photographs (including moving images) and also images made, for example, on a computer but which look like real photographs. The indecent images offences have a statutory ...
  • European Parliament 03/12/2012 The European Parliament shares legislative power equally with the Council of the European Union. This means it is empowered to adopt European laws (directives, regulations etc,). It can accept, amend or reject the content of European legislation. Top stories How does European Parliament’s legislative process work? A Member of the European Parliament, working in one of ...
  • A conference speaker to transform one’s thinking 01/12/2012 In a well run organisation the security and anti-fraud teams and the marketing and business development teams should be allies not enemies.
  • ePower to the People: Is representative democracy dead? 29/11/2012 As world governments deliver more and better services online in their bid to reduce costs and improve ‘customer’ satisfaction, are the days of representative democracy numbered? Will democracy in its purest sense emerge as the true champion of the Electronic Age? I can well remember having a heated discussion with a certain Secretary of State under ...
  • UK Reviews Rules on Contempt of Court 28/11/2012 Media companies may have to pay a fine based upon percentage of turnover for breaching laws that limit reporting on criminal cases, under proposals published by the Law Commission today. The three-month consultation comes at a time when free speech and freedom of the press are under intense scrutiny following the recent Leveson Inquiry into phone hacking, and the ...
  • Mobile Workforce, Mobile Revolution 27/11/2012 This infographic on Mobile Workforce, Mobile Revolution sets out the challenges in deploying mobile technology across the enterprise. More and more organisations are now allowing their members of staff to use their own personal mobile devices whilst at work.  Companies are now developing their own a strategy for supporting consumer smartphones and tablets stand to gain ...
  • Cloud Computing SWOT Analysis 27/11/2012 Cloud computing is the new kid on the block, a new way for organisations to manage their business systems and networks without investing in the traditional IT estate. E RADAR’s Will Roebuck looks at why organisations are turning to the cloud, the opportunities this new technology can bring,  and identifies some of the risks involved. Cloud computing ...
  • How Social Media is Destroying Productivity 26/11/2012 There’s something special about the ability of social media and networks such as LinkedIn, Twitter and Facebook to bring people together. Organisations can collaborate with their stakeholders through forums and groups, share their knowledge and experience, and find business solutions to ongoing issues and challenges. But are we spending too much of our time online, especially ...
  • Two thirds staff downloading porn at work 20/11/2012 Listening to the Jeremy Vine Show on Radio 2 this lunchtime, I’m astounded that people are still getting away with downloading online pornography whilst at work. The show’s item on pornography follows the publication of a report by sex therapist Dr. Christoph Ahlers. In it, he claims that millions of office workers are logging on to ...
  • Midata – is it their data or your data? 19/11/2012 Hence my reasoning is that we need BOTH the multi-national based overseas and the locally based players groups to engage in not only well-informed and constructive debate and (perhaps more important) joined up political campaigning) in order to ensure that the UK has a future as an outward looking part of a global economy – ...
  • Does HMG now recognise the nature of the ID market-place? 18/11/2012 "We are working with cybersecurity experts to ensure we are clear about the threats to the online process and we are confident that the providers announced today will offer and effective, safe and free to use identity service for future online benefit claims." I suspect there is a lot of nifty footwork ahead in ...
  • How do you rebuild trust in Banks, BBC, the Internet or a Regulator? 16/11/2012 When I joined I was told that very firmly by my Director that our century old reputation for trust (from rigorous testing and quality control to commercial negotiaton) was a more valuable asset than the patent portfolio over which others might obsess.
  • Top 10 Technology Trends for 2013 16/11/2012 It’s now estimated that 90 per cent of the world’s data was created over the last two years. That’s a staggering figure. All this data needs managing – the energy, storage space and networks required to process it are one thing, doing something with the data is another. Technology is everywhere and organisations needs to keep up ...
  • McAlpine and Petraeus: removing the illusions of Internet anonymity and privacy 15/11/2012 Meanwhile observers can also enjoy the belated US realisation of the de facto Internet regulatory regime they have created as they look at the means by which the cold war between the FBI and CIA was fanned into flames after one military "socialite" complained she was being "warned off" her prey by another.
  • The future sucks for online trust – time to revolt! 15/11/2012 I fear that … I will starve to death, unable to order groceries to be delivered by armoured Tescovan because my electronic credentials were hijacked after I visited Tesc0van by mistake or I clicked on the link in an e-mail asking me to change my delvery schedule because ….
  • Low turn out predicted in Police and Crime Commissioner elections 15/11/2012 Voters in England and Wales go to the polls today to elect 41 new police and crime commissioners to give citizens a say when it comes to cutting crime in their area. I’m predicting that turnout will not be high and there’s a good reason for it. Government has failed to convince the public that ...
  • UK Government rejects Common Sales Law 13/11/2012 The UK Government has rejected the EU proposal to introduce a new regulation aimed at facilitating cross border trading.  The European Commission’s proposed Regulation for a Common European Sales Law (CESL), published in November 2011, presents an alternative legal regime in the form of an optional instrument available to cross border business-to-consumer (B2C) and business-to-business (B2B) ...
  • Commemorating the centenary of cyber warfare – has it already passed? 13/11/2012 What is really different about the Internet if anything? Or is it just the arrogance of youth believing that increasing volume, speed and complexity change everything and they should throw away the past in favour of the latest untried technobabble. If so, they may well face the equivalent of a re-run of the Battle of ...
  • The Evolution of Broadband 13/11/2012 Then there is the interplay between the various management (alias queuing) systems used to ration the capacity of the physical (copper, fire or wireless) channels over which traffic flows. Here we see much specious argument about net neutrality or lack of demand between those who want to see investment (by others) to remove bottlenecks and ...
  • US Government to spy on citizens without a warrant 13/11/2012 The US Supreme Court is considering the right of citizens to sue over a law that lets government agents conduct dragnet telephone and email surveillance. The current case won’t determine the constitutionality of the sweeping powers of the Foreign Intelligence Surveillance Act (FISA), but a ruling against the government could set the stage for a ...
  • UK regulator sets out timetable for 4G roll-out 12/11/2012 UK communications regulator Ofcom has today published the timetable and final regulations for the 4G mobile spectrum auction – set to be the largest ever sale of mobile airwaves in the UK. People in cities, towns and villages across the UK will benefit from superfast 4G mobile services following the release of this new spectrum. The ...
  • Mary Whitehouse was right about the BBC! 12/11/2012 Hence also my anger at those who fail to realise what the current deepening lack of trust is costing (including paying profitable business during a recession when players are fighting for survival) those who would like to help the rest of the world go confidently on-line.
  • Welsh Government 10/11/2012 Wales has its own government making policies and laws for our country. Headed by the First Minister of Wales, the Welsh Government is responsible for areas such as health, education, language and culture and public services. The Welsh Government is separate from the British Government, which retains responsibility for UK-wide areas such as tax, defence, foreign policy ...
  • Culture Media and Sport (DCMS) 10/11/2012 The Department for Culture Media and Sport (DCMS) works to make sure the communications, creative, media, cultural, tourism, sport and leisure economies have the framework to grow and have real impact on people’s lives. Culture Media and Sport creates the conditions for growth by removing barriers, providing strategic direction and supporting innovation and creativity. Through DCMS, the ...
  • UK Trade & Investment (UKTI) 09/11/2012 UK Trade & Investment (UKTI) works with UK-based businesses to ensure their success in international markets, and encourage the best overseas companies to look to the UK as their global partner of choice. UK Trade & Investment has a customer commitment to helping its UK and international customers by providing a range of services, to a high standard ...
  • Trial by Internet: A crass error of judgment? 09/11/2012 TV presenter Philip Schofield was ill advised and wrong to present the Prime Minister with a list of alleged paedophiles he had trawled off the Internet during the interview on the This Morning programme yesterday. Schofield’s premeditated stunt was clearly aimed at boosting TV ratings in an unabashed sensationalisation of the recent child abuse scandals afflicting British ...
  • Rebuilding Trust in the On-Line World 04/11/2012 What, if anything, is different about the on-line world and why? Multi-cultural, multi-lingual centres like London have been handling transactions between people who never physically meet for centuries.
  • Manchester Digital 03/11/2012 Manchester Digital is the independent trade association for digital business in the North West of England. It brings together organisations and individuals from all parts of the industry – from creative to technical, from software to media, from telecommunications to marketing. Our vision is simple, that by working together we can make Manchester and the North West ...
  • Consultation on competition in the postal sector 31/10/2012 Ofcom, the UK communications regulator is consulting on the impact of end-to-end competition on the provision of the universal service and whether regulatory intervention is necessary to ensure its ongoing provision.  The consultation closes on 9th January 2013 and Ofcom is expected to publish guidelines in Spring 2013. Overview Ofcom’s primary duty in relation to postal regulation is ...
  • Ofcom – the UK communications regulator 31/10/2012 Ofcom is the UK’s communications regulator. It regulates the TV and radio sectors, fixed line telecoms, mobiles, postal services, plus the airwaves over which wireless devices operate. Ofcom makes sure that people in the UK get the best from their communications services and are protected from scams and sharp practices, while ensuring that competition can ...
  • Educational institutions and hacking: lessons learned 31/10/2012 Illegal hacking into an organisation’s online information systems is on the increase and no organisation is safe, including educational institutions. This year North West State College in Florida revealed that hackers stole personal data from employee files leading to identity theft. As many as 2,200 employees could have been affected. The risks for educational establishments is ...
  • Writing key-word rich articles on E RADAR 27/10/2012 Do you write keyword-rich articles that will help you to maximise your readership?  Example 1: “Car Audio” This article title is too short to get any hooks and the reader has to guess what your angle to the topic will be about. Example 2: “Car Audio and Electronics” This is better, yet it does not explain why someone should ...
  • Commission launches online gambling strategy 24/10/2012 The European Commission has set out its new action plan for online gambling. In a Communication entitled ‘Towards a comprehensive European framework for online gambling’, the Commission identifies the key challenges arising from the co-existence of differing national regulatory frameworks for online gambling within the Internal Market and draws from the themes highlighted in the ...
  • Espionage and dismissal: the dangers of going mobile 23/10/2012 One device conquers all! You can now use an iPhone app which acts as a mirror for when you are doing your make-up or grooming your hair… Everything is now converged into one mobile device which gives both versatility and functionality. But in the workplace it is easy for people to use a device to steal ...
  • E-invoicing and Public Procurement Consultation 22/10/2012 The European Commission is consulting on the role of e-invoicing in business and procurement with the aim to overcome the barriers created by the lack of interoperability between the national e-invoicing systems in the field of public procurement and to stimulate the take-up of e-invoicing in the EU The consultation will close on 14th January 2013 Background Over the ...
  • Why will so few UK small firms transact on-line other than for pizzas? Click and Tell 22/10/2012 By then I hope that we will have been able to make progress in recruiting those who are serious about helping small firms, especially those in the most vulnerable sector, large enough to be worth pillaging but too small to develop or employ in-house security expertise.
  • Why is Dublin the on-line capital of Europe? 20/10/2012 My partners believe that government has no role in this process. I fear they are wrong. It has to get out of the way – actively removing both regulatory overheads that get in the way of trust and taxes which cost more (including by driving profit centres out of the UK) than they raise.
  • Is civil law more effective than criminal law in addressing on-line malpractice? 18/10/2012 Those who mouth de-regulation but do nothing to make it happen should remember that the revolution was brought about by those who not only turned up but joined and helped pay for the ammunition..
  • Apple loses UK appeal over Samsung ‘Copycats’ 18/10/2012 Apple has lost its High Court appeal against the UK ruling that Samsung had not infringed its design rights. In early July 2012, a UK court ruled that Samsung had not infringed upon the design of the iPad with its own Galaxy Tab device. Judge Colin Birss told Samsung that its Galaxy Tab was “not as cool” ...
  • Electronic ID verification and domain names: direct.uk consultation 17/10/2012 I regard the response to this consultation as critical to to the future of the Internet. Will it be ignored by all save the enthusiasts and those with vested interests. If so, we will have to live with the conseqeunces.
  • International Telecommunication Union (ITU) 16/10/2012 ITU (International Telecommunication Union) is the United Nations specialized agency for information and communication technologies – ICTs. We allocate global radio spectrum and satellite orbits, develop the technical standards that ensure networks and technologies seamlessly interconnect, and strive to improve access to ICTs to underserved communities worldwide. ITU is committed to connecting all the world’s people – wherever they ...
  • Intellect Technology Association 13/10/2012 Intellect is the voice of the UK’s technology industry. Intellect believes that a vibrant and successful technology sector is vital to the long term economic well-being of the country. Our business services help companies of all sizes compete and innovate in a dynamic global market. We represent the views of industry to government and regulators and ...
  • Federation of Small Businesses (FSB) 12/10/2012 The Federation of Small Businesses (FSB) is the UK’s largest campaigning pressure group promoting and protecting the interests of the self-employed and owners of small firms. Established in 1974, it now has 200,000 members across 33 regions and 194 branches. Our lobbying arm – led by the Westminster Press and Parliamentary office – applies pressure on ...
  • Big Data: What Every Business Needs to Know 12/10/2012 Eighty per cent of the world’s data was created over the last two years and our appetite for creating even more increases second by second. This article by Jim Sterne looks at the growing tide of big data, why it is such a challenge, and what every business needs to know. “Big data.” There’s no escaping ...
  • Cloud Computing for Small Businesses 12/10/2012 How does a farmer from New Zealand get involved in cloud computing? Entrepreneur Ben Kepes talks about his own successful businesses, the role of technology, and the opportunities that the cloud can bring to small and medium-sized businesses that are more used to focusing on the bottom line first. He discusses his own initiative to arm businesses ...
  • CBI 12/10/2012 The CBI is the UK’s leading business organisation, speaking for some 240,000 businesses that together employ around a third of the private sector workforce. With offices across the UK as well as representation in Brussels, Washington, Beijing and Delhi the CBI communicates the British business voice around the world.   Website www.cbi.org.uk  
  • EU Sales Law: Open Letter to UK Government 11/10/2012 The UK Government must step up its efforts to find a practical solution to the Common European Sales Law (CESL) proposal, which is currently before the European Parliament. Small and medium-sized businesses are the backbone of the British economy and require all the necessary tools to help meet the demands of government to grow us ...
  • Cyber Crime and its severe impact 10/10/2012 According to a recent Symantect report, cyber crime is real and its impact is huge The report suggests that there are more than 1.5 million cyber crime victims per day, that’s 18 people per second. Two third of online adults claim to have been cyber crime victims at some point in their lives. The annual costs ...
  • Has HMG given up on trying to impose an ID scheme? 09/10/2012 How we could/should handle situations where current "identities", including mobile phones and passwords, may be used by any member of an "extended" family, including the "lodgers" and their friends .
  • Global Security Summit London, 10 and 11 October 2012 06/10/2012 E RADAR’s Director of Research Dr Daniel Dresner will be speaking at the Global Security Summit at Kensington Olympia, London on 11th October 2012. Daniel is a well respected authority on information security, assurance and governance advising at board level across blue chip companies, central and local government. He also works with small and medium-sized enterprises. His hands on approach ...
  • Towards a sustainable 21st Century Infrastructure 06/10/2012 Several important broadband players face a difficult choice, particularly those who are less interested in meeting nominal targets for 2015 and whether BT has an unfair advantage, than in stimulating and rewarding investment in the world class resilient, reliable utility networks that will underpin the world of the 21st century.
  • Social Media in Corporate Crises? 05/10/2012 Effective ‘tweeting’ is something you’re born with; either you get Twitter or you don’t. Lawyer Jonathan Armstrong discusses his recent experiences of travel delays and flooding across Britain. How did the companies concerned respond to complaints from customers over Twitter? Should organisations get ultra corporate when dealing with complaints? Or should they show a sense of ...
  • Cloud Computing Security Knowledge 04/10/2012 A practical, course-based approach from the Cloud Security Alliance. Why you should do it and how best to go about it. Fujitsu information security specialist Gurbir Singh discusses your options. If you have been working in the Information Security field and already hold the certification such as CISSP and CISM and now want to understand the ...
  • The INSPIRE Regulations 2009 04/10/2012 Reference: UK/2009/SI/3157 The INSPIRE Regulations 2009 require public authorities that hold spatial data to make that information available. Spatial data is any data with a direct or indirect reference to a specific location or geographical area. Spatial data is often referred to as geospatial data or geographic information. The Regulations apply to all public authorities that are covered by ...
  • IT and skills shortage: don’t blame the schools 03/10/2012 There is something very rotten and self destructive at the heart of government. Lack of competent skills. The decision to award the UK’s multi-billion-pound West Coast Main Line rail franchise to FirstGroup has been scrapped by the government. The transport secretary said there were “significant technical flaws” in the bidding process because of mistakes by Department for ...
  • Rules are made for… 03/10/2012 Just wondering as the ‘Chatham House Rules’ is so often quoted, whether people realise that there is but one rule that people are referring to: ‘When a meeting, or part thereof, is held under the Chatham House Rule, participants are free to use the information received, but neither the identity nor the affiliation of the ...
  • Ed Balls and Open Government give the opportunity for a Broadband Breakthrough 02/10/2012 I would still expect BT to win most of the business, but on fair terms, with no need for state aid and in ways which will give a better long-term return to its shareholders than watching its customer’s businesses move overseas as the UK falls behind the rest of the world as a location of ...
  • Nominet consults on new .uk domain name service 01/10/2012 Nominet, the .uk domain name registry has launched a three month consultation on the proposed introduction of a new service known as direct.uk. Nominet is committed to consulting with a wide range of stakeholders through the policy process and accordingly asks you to contribute your views and experience as part of its strategy to support the continued ...
  • Privacy and mobile devices 25/09/2012 What are the privacy implications of businesses sending local advertisements to your mobile device as you wander around the town centre? Do devices have their own privacy rights? Assumptions shifts on what constitutes personal data depending upon whether a device is fixed or mobile. The new EU cookies law and data protection regulation also raise issues ...
  • Time to redefine free speech? 20/09/2012 The monstrous comments appearing on some social media websites following the murder of two police women in Greater Manchester is unacceptable. The laws are not tough enough to deal with those ‘trolls’ who are causing so much distress not only for the victims’ family friends and colleagues, but for any decent-minded person who reads them. We ...
  • Ministry of Justice 18/09/2012 The UK’s Ministry of Justice is one of the largest government departments, employing around 76,000 people (including those in the Probation Service), with a budget of approximately £9 billion. Each year millions of people use our services across the UK – including at 500 courts and tribunals, and 133 prisons in England and Wales. Our work ...
  • E RADAR | Smarter business online 17/09/2012 The Internet and social media are transforming our lives in ways which were never deemed possible just a decade ago. Today, we are all empowered to write news, influence events, and be part of a growing online community providing rich content to help make our own individual lives that much more fulfilling. For example, it’s truly ...
  • Competition Commission (CC) 14/09/2012 The Competition Commission (CC) is an independent public body which helps to ensure healthy competition between companies in the UK for the ultimate benefit of consumers and the economy. It conducts in-depth investigations into mergers and markets and also has certain functions with regard to the major regulated industries. The CC does not initiate inquiries independently. ...
  • The 10 Commandments of the Internet Age 14/09/2012 Brazil is close to passing the world’s first Internet Bill of Rights. The Marco Civil da Internet aims to guarantee basic protections for internet users, and is considered a major step forward for online law. In development since 2009, the civil regulatory framework was created through public consultation and has undergone many changes, eventually reaching the Brazilian Chamber this year. The Bill has catapulted Brazil ...
  • Apple vs Samsung – who really wins, or loses? 12/09/2012 A landmark patent law decision has ordered Samsung Electronics to pay Apple Inc. $1.05 billion for copying Apple’s cutting edge technology. Emerald Publishing’s Ian Jones looks at the impact this ruling may have on innovation and competition both for consumers and the mobile technology industry. I first declare my interest in the Apple v Samsung battle ...
  • 6 Essential Ways To Manage Electronic Supply Chain Data 11/09/2012 The objective of supply chain management is to achieve the highest practicable and sustainable level of service to the end-user and to each of the key participants in chain or network at an acceptably low-cost and at acceptable risk levels. Product and information flow together, and therefore good data management is essential. Total or whole-life cost ...
  • Business to blame for cookies fiasco 10/09/2012 International law firm Pinsent Masons has challenged UK businesses to engage in EU consultations if they don’t want to see a repeat of the recent cookies debacle. Expert lawyer Luke Scanlon has said that UK businesses should actively involve themselves in the debate over changes to EU law if they want to avoid problems stemming from the ...
  • Some questions for those jumping on the "Big Data" bandwagon 25/08/2012 My aim is unashamedly to tilt markets in favour of those who are serious about working together to help educate and train their customers in the proper use of the people processes and support tools available to cleanse, collate and analyse the growing morass of data becoming including from smart phones, meters, grids, buildings and ...
  • E-security costs versus e-crime 22/08/2012 The idea is to arrange an "audit" to identify which are of interest to industry players who are serious about protecting themselves and their customers – as opposed to building regulatory, compliance or other empires or selling yet more security snake-oil.
  • Consumer Rights Directive Consultation 20/08/2012 The UK Department for Business has announced a new consultation in order to seek views on the UK’s implementation of the Consumer Rights Directive (CRD). The provisions in the CRD will apply, subject to some limited exceptions, to all contracts for sales of goods and services by traders to consumers, whether the transactions are within ...
  • Lessons from the Olympics: The recovery will not be outsourced 16/08/2012 Local Government’s attempts to respond to a 28% cut in funding are gathering pace ; pooling residual in-house expertise rather than hiring in consultants with no experience of delivering value for money in a public sector environment.
  • What did I say? 16/08/2012 I’ve been thinking about the preservation of my digital footprint. Not from the point of mortality, nor from the aspect of vanity, but rather from the practical challenge that has been observed by Douglas Adams and probably others that you get to the stage where one may have forgotten more than the sum total of ...
  • USA Revises Proposals For Children’s Online Privacy 15/08/2012 The US Federal Trade Commission (“FTC”) is proposing new amendments to the Children’s Online Privacy Protection Act (“COPPA”), the federal scheme for regulating children’ s online and mobile privacy. COPPA’s underlying intent is to provide reasonable and practical safeguards to foster efforts to protect young children from being contacted online in the absent of parental ...
  • Institute of Information Security Professionals 13/08/2012 Institute of Information Security Professionals (IISP) aims to raise standards among information security professionals. Website https://www.iisp.org/imis15
  • Consultation on legal proposals for EU Network and Information Security 12/08/2012 The European Commission is seeking the views of governments, businesses, citizens about their experiences and EU possible responses to cyber incidents which cause disruption to essential Network and Information Systems (NIS), including the internet. The Commission has launched this consultation to help it prepare a legislative proposal on network and information security, which will be an ...
  • Post Olympic Economic Recovery for Britain: A Six Point Plan 09/08/2012 That requires that they know what their "job" is. That requires clear and prioritised departmental objectives. But ministers like to make promises and Civil Servants are promoted for serving Ministerial wishers. Hence the ragbag of unprioritised initiatives that passes for policy within most Departments.
  • Cloud Computing: Do we need universal privacy rules? 08/08/2012 Good privacy is good business, but different countries have different norms in how they protect their citizen’s privacy. Putting your organisation’s data on the cloud may require you to sign up to a 3-5 year contract. What implications does this have for your data responsibilities, particularly under the proposed EU Data Protection Regulation? Is it time ...
  • The Tool School 08/08/2012 An oft quoted cartoon (can you quote a cartoon?) from Gary Larson’s Far Side is the cowboy repairing the roof with the butt of his Smith and Wesson. You can’t help but read the caption of the onlooker in an ol’ timer accent, ‘I hear you’re pretty handy with a gun!’. Many a true word…how ...
  • Ofcom consults on role of Advertising Standards Authority 07/08/2012 Ofcom has today invited contributions to its review of the designation for regulating advertising in on-demand programming. Ofcom designated the Advertising Standards Authority (ASA) to co-regulate advertising included within notifiable on-demand programme services, in accordance with section 368B of the Communications Act 2003. The Designation is subject to a formal review by Ofcom at the expiry ...
  • E RADAR welcomes new Digital Policy Alliance 06/08/2012 E RADAR has welcomed the launch of the new Digital Policy Alliance (DPA) as a ‘major step’ towards helping the UK’s online economy get smarter and more competitive by stimulating fresh thinking and joined-up leadership at a time when it’s needed the most. Launched on Friday, the DPA is the UK’s new policy voice of the ...
  • Governance, legal compliance and risk across the online economy 05/08/2012 Will Roebuck’s February 2012 lecture to Joint Masters Students from Manchester Business School and the University of Manchester’s School of Computer Science. Topics include supply and demand, electronic evidence, online privacy, vicarious liability, and digital rights management. Governance, legal compliance and risk across the online economy from ERADAR
  • Rules of the Game in Cyber War 05/08/2012 Cyber war is not a conventional war. Nations are yet to enter into an international treaty to help reduce the threat. Rules are required to monitor the potential damage which a cyber war can cause. RULES OF THE GAME IN CYBERWAR from Talwant Singh
  • Smart Regulation Smart Business 03/08/2012 We have now had around 20 years of the commercial and social Internet where organisations and people alike have been able to embrace the full benefits of the online world. But regulatory red tape still remains Enemy Number 1 for businesses wanting to grow and expand across the cyber economy. In my article earlier this week ...
  • What Price is Freedom of Speech? 03/08/2012 British Olympic swimmer Tom Daley has become the latest victim of a malicious Twitter campaign ‘Freedom of speech’ is an important element of Western Democracy, but it is clearly not acceptable to bully and abuse others at any time, and especially via social media. So what is the way forward for dealing with social media trolls? Lawyers ...
  • Same side. Different coins 01/08/2012 Some years ago, in a tower block not so far away, I had the privilege to take part in the first Top Gun event Institute of Information Security Professionals (IISP). Subsequent events which have built on this theme have delivered interesting anecdotal data. At these highly entertaining and educational programmes, the IISP members form three groups: ...
  • Slander vs Libel: Protect your online reputation and brand 30/07/2012 The Internet and social media now enable us to communicate with anyone who is online. And once we’ve clicked on that send button anything we say or do is suddenly out of our control… Or is it? How do you avoid ex employees or business partners tarnishing your good name over social media and social networking sites? What ...
  • Introduction to the Indian Legal System 27/07/2012 Indian Legal System An Introduction from Talwant Singh This introduction to the Indian Legal System provides users with a baseline reference when considering outsourcing their IT/e-business operations to India
  • Neither flux nor wither nor change their state 25/07/2012 There are certain things that should be outlawed by society not just the veneer of controlling laws. There are dark deeds that I mention out of a public service even though they should not be mentioned in the presence of impressionable youth or those with a nervous disposition. Crimes such as returning sticky tape with the ...
  • Dutch regulator automates cookies enforcement 23/07/2012 Dutch cookies enforcement: Following questions raised by a recent job posting on its website, the Dutch telecom regulator OPTA has confirmed that it will resort to automated means to aid them with the supervision of the new Dutch cookie regime. The ‘Cookiemonitor’ is expected to scan websites in a similar way to web crawlers for the ...
  • Cookies Privacy and the UK Information Commissioner 20/07/2012 “Cookies are not themselves important. It’s what you do with them that is.” This was the key message that came out of E RADAR’s meeting this week with the UK’s Information Commissioner who is responsible for enforcing the new e-privacy regulations. Together with Joint Masters students from the University of Manchester’s School of Computer Science and ...
  • Don’t it always seem to go… 18/07/2012 ..that you don’t know what you’ve got ’til it’s gone. There seems to be an increasing opinion that the IT at home is better than the IT at work. Is this the glass half full or half empty? I remember when my mate Jeff was looking for a moped (as was I – look to your ...
  • Online music in Europe: A single market, diverging views 17/07/2012 Hip-hop artist Stromae, Swedish songwriter Helienne Lindvall and other representatives of the music industry speak about the obstacles they face in the internet age. How to tackle piracy, facilitate copyright licensing and increase the availability of legal online music? Should solutions come from the legislator or from the industry? This video offers a glimpse of the debate ...
  • Government wants your social media information? 17/07/2012 Is your information posted on social media websites of interest to governments? Quite possibly… Twitter has just released its first transparency report which details the number of government demands the social media website has received for its users’ information. Are these demands just the start of something more sinister? Lawyers Jonathan Armstrong and Eric Sinrod from Duane ...
  • Europe needs more entrepreneurs – a ‘lightbulb’ moment? 16/07/2012 This recession is hard. But it’s like the monsoon season following a drought that gets rid of the old parched landscape and replaces it with new shoots of growth. For me recession hasn’t come a moment too soon. We’re a sophisticated civilisation (our own opinion, of course, which isn’t particularly objective) that has made enormous advances, ...
  • Copyright and High-Tech Law 14/07/2012 These have been a hectic couple of weeks for copyright.  Ten days ago the EU Court of Justice published the UsedSoft decision, which will have us thinking in a completely new way about exhaustion of rights online.  On Thursday this week the C…
  • UK consults on new consumer laws 13/07/2012 Open date:13 Jul 2012 Closing date:05 Oct 2012 The consultation seeks views on options to simplify and clarify the law in relation to the supply of goods, services and digital content supplied under a contract. To respond quickly and easily there is a short online version of the consultation which can be accessed via the right hand ...
  • Consultation: VHF Spectrum Release in the range 143 MHz to 156 MHz 13/07/2012 Around 6 MHz of spectrum between 143 MHz and 156 MHz is becoming available for civil use across England, Wales and Northern Ireland following its release by the Emergency Services in England and Wales, and by the Police Service in Northern Ireland. Equivalent spectrum in Scotland may become available at a later date. The consultation ends ...
  • Trading Standards Institute (TSI) 12/07/2012 The Trading Standards Institute is a not-for-profit professional body formed in 1881. We have members in the public and private sectors in the UK and abroad. The Trading Standards Institute encourages honest enterprise and business and helps safeguard the economic, environmental, health and social well-being of consumers. Trading standards professionals enforce consumer related legislation, legislation which is vast ...
  • European Commission to regulate website authentication 12/07/2012 If you are serious about wishing to do intra-EU cross-border trade within the EU, without having to route your transactions via the US so as to avoid the overheads imposed by ill-considered regulation, the time has come to work alongside your peers to inject some common sense into policy formation and scrutiny.
  • Commission proposes Collective Rights Management Directive 11/07/2012 The Commission has adopted a proposal for a directive on collective rights management and multi-territorial licensing of rights in musical works for online uses. The proposal aims at ensuring that rightholders have a say in the management of their rights and envisages better functioning collecting societies as a result of the set standards all over ...
  • Russian Wikipedia shuts down in protest 10/07/2012 Wikipedia has shut down its Russian language website and blacked out its logo in protest at a bill that would allow the state to block access to blacklisted websites. “Imagine a world without free knowledge,” the online encyclopedia company said in a statement on its closed site. It argued that amendments to be discussed in parliament ...
  • If not now… when? 04/07/2012 The look of horror on the instructors face when the power station engineer pulled out an 18 inch screwdriver from his bag (just in case anything on the Ferranti Argus circuit boards needed tweaking) is an image indelibly captured in my brain. This may be an example of incompatible hardware (the Argus, not the brain) ...
  • European Parliament rejects ACTA 04/07/2012 The Anti-Counterfeiting Trade Agreement (ACTA), was rejected by the European Parliament today and now cannot become law in the EU. This was the first time that Parliament exercised its Lisbon Treaty power to reject an international trade agreement. 478 MEPs voted against ACTA, 39 in favour, and 165 abstained. ACTA aimed to achieve the global enforcement ...
  • ICO Consultation on Privacy Impact Assessments 03/07/2012 The ICO (UK Information Commissioner’s Office) has produced a short questionnaire on the use of privacy impact assessments (PIAs) by organisations in the UK. PIAs have been promoted by the ICO since 2007, and the most recent version of the PIA Handbook was published in 2009. The European Commission’s proposal for a new Data Protection Regulation could ...
  • Data Protection must work for business, says Minister 28/06/2012 The new EU data protection law must work for business, for government and, most important of all, for individuals, said Lord McNally today. The Justice Minister was speaking as he published the Government’ s response to a call for evidence. The new law to update data protection will apply to the UK- but the Government will negotiate ...
  • Casting the Runes 26/06/2012 Are you like Coleridge’s walker on that lonesome road who having once looked round, walks, on and turns no more his head; for he knows a fearful fiend does close behind him tread? Essentially as we go about our business we may and that is very much a may be aware of risks. These risks may ...
  • New measures to protect online copyright 26/06/2012 Ofcom, the UK’s telecoms regulator has today published three documents relating to its duties to address online copyright infringement under the Digital Economy Act 2010. These are: a draft code, under which ISPs would notify subscribers of allegations that their account has been used to infringe copyright; a short statutory consultation on the draft code, setting out reasons ...
  • Sustainable Procurement Bill 25/06/2012 The Scottish Government is proposing to consult on a new Sustainable Procurement Bill in order to establish a national legislative framework for sustainable public procurement that supports Scotland’s economic growth by delivering community benefits, supporting innovation, demonstrating environmental considerations and promoting public procurement processes and systems which are transparent, streamlined, standardised, proportionate and business-friendly. The consultation ...
  • Online tool to help smaller firms find business with the public sector 22/06/2012 Francis Maude, Minister for the Cabinet Office, unveiled the pilot of the Government
  • Richards is wrong on Data Protection 20/06/2012 I despair at some of our policy-makers in positions of responsibility where, to quote my old grandfather (now long deceased) “they cannot see the wood for the trees”. Are they so wrapped up in a world of political ideas, strategies and making speeches that they lack a fundamental common-sense and a connection with the real ...
  • The Fine Art of Surfacing? Microsoft’s New Tablet 20/06/2012 On this blast from the past (The Boomtown Rats), we heard about the silicon chip inside her head. Perhaps we all want one, but one to help us ameliorate the overloading of information rather than have it exacerbated. One of my formative childhood memories (1978) was an Horizon documentary about the laser, describing the beams as ...
  • Regulatory fragmentation prevents telecoms innovation, says EU 19/06/2012 The European Commission has criticised four EU member states for not implementing the new EU telecoms rules which were agreed in 2009. In its report 2011 Telecommunication Market and Regulatory Developments published last week, the Commission blamed Belgium, Poland, Portugal and Slovenia for failing to introduce more competitive markets for consumers and businesses, as well new ...
  • Business Connectivity Market Review Consultation 18/06/2012 Ofcom today proposed measures to meet growing demand for fast data services from UK businesses, mobile operators, internet providers and consumers.Ofcom today proposed measures to meet growing demand for fast data services from UK businesses, mobile operators, internet providers and consumers. The Business Connectivity Market Review, published today, looks at the
  • What value is online trust? 17/06/2012 I’ve just experienced the very worst in online customer service and from an SSL Certification Authority which should have known better. What’s sad about my experience with StartCom is that the company came recommended by a website developer. So I wasn’t quite expecting managerial rudeness in response to a perfectly good question about whether the company ...
  • Digital Rights Management: Music in the Clouds 15/06/2012 The world cannot cope with country-individual digital rights. Would you believe that there is a gentleman’s toilet at Geneva airport where you can download music in one country and listen to it in another! Of course, France is in the European Union and Switzeland is not – both countries have different digital rights management regimes. This is ...
  • Report requires US employers to update online policies 14/06/2012 US-based employers will need to review and revise social media, blogging and privacy policies after the publication of a NLRB (National Labor Relations Board) General Counsel Report. The Report declares that the various provisions found in current social media and blogging policies provided to employees who use web 2.0 and social networking are unlawful because they ...
  • The Wireless Telegraphy Regulations 2012 13/06/2012 The Wireless Telegraphy (Control of Interference from Apparatus) (the London Olympic Games and Paralympic Games) Regulations 2012 will regulate the intensity of the electromagnetic energy at which electrical and electronic apparatus operates such that it does not cause undue interference with wireless telegraphy apparatus used for public safety purposes within a specified protection area for ...
  • Well done Birmingham! Commission clears state aid to an ultra-fast broadband network 12/06/2012 The European Commission has found that the UK’s proposal to grant around €6 million of public financing for the construction of an ultra-fast broadband network in the city of Birmingham agrees with EU state aid rules, in particular because it will be genuinely open to all operators and will therefore promote competition. “Investments in ultra-fast broadband ...
  • Cookies and more damned cookies! 12/06/2012 This cookies saga just doesn’t stop and I’m left wondering if many of the good legislators in Brussels are realising that some of their daft rules just don’t work. Not! The Data Protection Article 29 Working Party – not an official EU policy-making body but one that the Commission listens to as its remit is enshrined ...
  • Faith healers 06/06/2012 I think the most significant part of this year’s Information Security Breaches Survey is the assertion of 15% of large organisations reporting that they have found intruders in their information systems. That’s 15% of organisations who have the time and resources to know about it. Ignorance was never bliss because as soon as the criminals ...
  • Absurdly Open Data: IPPR recommends giving organised crime open access to criminal justice systems 05/06/2012 The biggest weakness of the ippr exercise is that it fails to take account of the sophistication of those who make a very good living from corrupting our law enforcement and criminal justice systems
  • China introduces new e-invoicing rules to encourage e-commerce 05/06/2012 Eight Chinese government agencies jointly announced guidelines to promote e-commerce and e-invoicing. These guidelines include the setting up of a trial e-invoice system, online information platforms and online payment standards, as well as the promotion of financial integrated-circuit (IC) cards. The guidelines are necessary as data showed that the number of e-invoices had increased by 40% ...
  • New EU regulation to enable cross-border electronic signatures 05/06/2012 The European Commission has proposed new rules to enable cross-border and secure electronic transactions in Europe. The proposed Regulation aims to ensure people and businesses can use their own national electronic identification schemes (e-IDs) to access public services in other EU countries where e-IDs are available. It also creates an internal market for e-Signatures and ...
  • Notification and acting on illegal content hosted by online intermediaries 04/06/2012 The European Commission is consulting on procedures for notifying and acting on illegal content hosted by third party intermediaries. The Commission believes that this is necessary for the following reasons: lack of legal certainty and predictability resulting from conflicting jurisprudence and fragmentation of notice and take-down procedures (NTDs) across the EU is preventing innovation and growth; ...
  • Is compliance holding the economy back? 30/05/2012 Neanderthal man had it easy – when faced with a sabre-toothed tiger the choices were simple – run away (flight) or stay and fight to get hide to keep warm and flesh to eat. That was good old-fashioned risk assessment! Then Neanderthal man discovered suits – and red tape (aka bureaucracy) meaning rules – and rules ...
  • Who you gonna trust? Trustbusters 30/05/2012 Back in the 80s, popular culture had only one answer to the question, ‘Who ya’ gonna call?’ and TV and DVD have kept this fresh in in the minds of the next generation too. I could go two ways from here. Firstly, if you’re not part of a wider community or employed by an organisation that ...
  • Consultation on Alternative Dispute Resolution (ADR) Schemes 29/05/2012 Ofcom today published a consultation which reviews the two communications Alternative Dispute Resolution (ADR) Schemes: Ombudsman Services: Communications (OS) and the Communications and Internet Services Adjudication Scheme (CISAS). These are independent bodies which examine and make judgements about communications complaints referred to them by consumers. Ofcom is obliged to keep its approval of the schemes under ...
  • Enterprise and Regulatory Reform Bill 23/05/2012 The UK Government has published the Enterprise and Regulatory Reform Bill, one of the key measures outlined in the recent Queen’s Speech to encourage economic growth. Please login to read the article The Bill aims to: improve the employment tribunal system Encourage parties to come together to settle their dispute before an employment tribunal claim is lodged, through Acas early conciliation and ...
  • E-invoicing in Mexico: key changes from July 2012 23/05/2012 New national compliance rules are driving electronic invoicing across South and Middle America, especially for corporations currently operating or looking to expand their business into Brazil, Argentina, Chile, Columbia, and so on. And now Mexico is introducing new e-invoicing regulations too. Please login to read this article Background Latin American countries are operating the most sophisticated electronic invoicing solutions ...
  • The Consumer Protection (Distance Selling) Regulations 2000 23/05/2012 The Consumer Protection (Distance Selling) Regulations 2000 (‘Distance Selling’ Regulations) provide legal protection for consumers purchasing goods and services ‘at a distance’. This definition includes purchases made via the Internet, digital television, mail order (including catalogue shopping), phone, and fax. Organisations selling online must provide certain information to consumers as well as offer a 7 working ...
  • Options for the future of commercial TV public service broadcasting licences 23/05/2012 Ofcom has today published advice on future options for the public service broadcasting TV licences held by ITV, STV, UTV and Channel 5.Ofcom has today published advice on future options for the public service broadcasting TV licences held by ITV, STV, UTV and Channel 5. The current Channel 3 (ITV, STV and UTV) and Channel…
  • H.R. 1389 – Global Online Freedom Act of 2011 21/05/2012 Summary This Global Online Freedom Act of 2011 is intended to prevent United States businesses from cooperating with repressive governments in transforming the Internet into a tool of censorship and surveillance, to fulfill the responsibility of the United States to promote freedom of expression on the Internet, to restore public confidence in the integrity of United States ...
  • European Sales Law – necessary for business growth!? 21/05/2012 I’m troubled by the optional European Sales Law (CESL) and the attempts to stop the proposal dead in its tracks through academic argument at the cost of commercial common sense. I’m trusting that the Ministry of Joined Up Government is carefully considering all the options available based upon practical evidence because to get it wrong ...
  • ICO won’t fine websites for UK cookies violations 18/05/2012 UK websites won’t risk financial penalties for failing to meet the new cookies rules, the Information Commissioner’s Office has said. The EU Rules introduced last year to protect the privacy of online users from behavioural advertising are currently subject to a 12-month grace period which ends next week (25th May). Observers had expected the regulator to ...
  • What’s in Web Design and Development Agreements 18/05/2012 Many websites are now developed using open source software, for example WordPress. This allows independent developers to create additional functionality such as website templates and plugins. Most of these are free to use but may have premium modules attached for extra functionality. Both customers and web designers need to determine what functionality is allowed free ...
  • Manchester University IT Governance Research 16/05/2012 ReAl-time Mobile monitoring of Patient symptoms, Access to Records, Treatment, and Storage Taught Masters students from the University of Manchester School of Computer Science and Manchester Business School were each tasked with an assignment to learn and practise the elements required to govern the creation and operation – through its life cycle – of an information ...
  • Public Records (Scotland) Act 2011 14/05/2012 The Public Records (Scotland) Act 2011 (the Act) is an Act of the Scottish Parliament: to make provision about the management of records by certain authorities; to amend the Public Records (Scotland) Act 1937 (c.43) in relation to the transmission of court records to the Keeper of the Records of Scotland; and for connected purposes. Under the Public Records ...
  • National Archives 14/05/2012 The National Archives is a UK government department and an executive agency of the Ministry of Justice. It incorporates the Office of Public Sector Information and Her Majesty’s Stationery Office. The National Archives also performs the Historical Manuscripts Commission’s functions in relation to private records. As the government’s national archive for England, Wales and the United Kingdom, ...
  • Cookies deadline approaching 14/05/2012 Is your website UK-compliant with the Cookies Regulations? UK organisations with websites have until May 25, 2012 to assess whether they are compliant with the regulatory requirements on use of cookies or other tracking technologies. Websites breaching the relevant rules and regulations risk fines of up to £500,000. The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations ...
  • What the Defamation Bill means for the Internet 13/05/2012 The Defamation Bill published last week after the Queen’s Speech contains four clauses of especial significance for the internet: –         Clause 5: a new defence for website operators in respect of anonym…
  • Electoral Registration and Administration Bill 10/05/2012 The Government today published the Electoral Registration and Administration Bill, which, if passed, will tackle electoral fraud by speeding up the introduction of individual electoral registration and modernise the system of voter registration. The new Bill also paves the way for online registration, which would make it more convenient for individuals to ensure they are registered ...
  • Retailer gets royal knickers in a twist 09/05/2012 Poor HM The Queen. Not only must she put up with the roaring Beast of Bolsover* and his silly (but funny) quips to Black Rod during the State Opening of Parliament, it now seems the royal knickers are also under scrutiny. An IT error has caused W H Smith’s customers to be issued with receipts saying “The Queen’s ...
  • Commission reports on Audiovisual Media Services Directive 09/05/2012 The European Commission has published its first report on implementation of the Audiovisual Media Services Directive (the AVMSD). The AVMSD enables the free circulation of audiovisual content and meets important public policy goals such as banning incitement to hatred, protecting minors from harmful content and promoting European audiovisual works. The first part of the report looks ...
  • S. 1434 Data Security Act 2011 08/05/2012 Summary The Data Security Act aims to protect information relating to consumers, to require notice of security breaches, and for other purposes. The bill is similar to S. 1408 and S. 1207.  It would require financial establishments, retailers, and federal agencies to protect sensitive information and to notify consumers after a data breach.  The Senators sponsoring this ...
  • Television Multiplex Licence Renewal – Multiplex B 08/05/2012 Consultation published 08|05|2012
  • Cybersquatting and Domain Name Disputes on the Rise 06/05/2012 Statistics from the World Intellectual Property Organisation (WIPO) reveal that the organisations handled 2,764 cyber squatting cases in 2011 covering 4,781 domain names, an increase of 2.5 per cent and 9.4 per cent over those reported in 2010 and 2009. WIPO found in favour of 88 per cent of those who raised a grievance. Why are ...
  • Cyber Intelligence Sharing and Protection Act 2012 05/05/2012 Reference: H.R.3523 The Cyber Intelligence Sharing and Protection Act 2012 CISPA) provides for the sharing of certain cyber threat intelligence and cyber threat information between the intelligence community and cybersecurity entities, and for other purposes. The Act allows the federal government to use shared cyber threat information: (1) for cybersecurity purposes, including the investigation of cybersecurity crimes; (2) for the protection of ...
  • Democracy Won – but it was close run: we still need action on election fraud 05/05/2012 The results should, however, be used to not only cleanse the existing electoral registers but to end the postal voting farce that makes a mockery of one man one vote as well as prpviding a start point for fraud and corruption.
  • Government remains concerned over EU Alternative Dispute Resolution 04/05/2012 The UK government has published its response to the EU’s consultation on Alternative Dispute Resolution (ADR). It questions whether the current proposals will have real business benefits as well as protect consumers adequately. The European Commission published legislative proposals on ADR on 29 November 2011. The Department for Business, Innovation and Skills launched a Call for Evidence on these proposals. The ...
  • Protection of Freedoms Act 2012 04/05/2012 In the Queen’s Speech of May 2010, the government announced the introduction of legislation that would ‘restore freedoms and civil liberties through the abolition of identity cards and unnecessary laws’. Following this commitment, the Home Office introduced the Identity Documents Bill, which received Royal Assent in December 2010. Identity cards and the National Identity Register ...
  • Podcast | Conflicts in eDiscovery between US and UK Laws 03/05/2012 E-discovery (electronic discovery) is the obligation of parties to a lawsuit to exchange documents that exist only in electronic form. Examples of electronic documents and data subject to e-discovery are e-mails, voice mail, instant messages, e-calendars, audio files, data on handheld devices, animation, metadata, graphics, photographs, spreadsheets, websites, drawings and other types of digital data. eDiscovery ...
  • S. 1207 Data Security and Breach Notification Act of 2011 02/05/2012 Summary This US Bill would protect consumers by requiring reasonable security policies and procedures to protect data containing personal information, and to provide for nationwide notice in the event of a security breach.  The content of this bill is similar to the SAFE Data Act (H.R. 2577) introduced in the House. Subject areas Commerce Administrative law and regulatory procedures Business ...
  • RIPA and Read E-mails (reprise) 02/05/2012 One aspect of the saga over whether RIPA applies to e-mails or voicemails after they have been read is the weight that has sometimes been given to Lord Woolf’s comment in the R (NTL) v Ipswich Crown Court case:”Subsection (7) has the effect o…
  • New ICO Guidelines on Data Deletion 01/05/2012 The UK’s Information Commissioner’s Office has published new guidelines on how to delete information from computers, laptops and other electronic devices. Aimed at organisations selling or disposing of hardware, the guidelines stress the importance of properly deleting any personal information so that it cannot be accessed by anybody else either by mistake or for malicious purposes. Personal data can ...
  • Universal Postal Service (Royal Mail) – Consultation on Large Letters and Packets 01/05/2012 It is easy to forget the role of postal services in a world of electronic communications and social media. However, the goods you bought online need delivering to your door, and Royal Mail has its part to play amongst other competitive carriers. When selling goods online, suppliers include the costs of delivery. If set too high, these ...
  • How electronic signatures can give you the competitive edge 30/04/2012 Brought to you by e-SignLive.com Leading provider of legal, trusted and secure online electronic signatures, when signatures matter to your business™.
  • ECommerce Directive trumps Jurisdiction Regulation (maybe) 30/04/2012 The CJEU’s Martinez/eDate judgment (C-509/09 and C-161/10, 25 October 2011) is another significant decision on cross-border internet liability.  In December last year we had Pammer/Alpenhof, which provided much needed guidance on what const…
  • Open Standards Consultation 28/04/2012 The UK Government is consulting on Open Standards. Information Technology across the government estate is expensive and the way that government departments previously purchased IT has resulted in hundreds of small, separate platforms operating across a landscape of disconnected, self-contained departments. The Government’s approach will enable the Government to work collectively together but effective open standards for ...
  • Reducing cost of high speed internet roll-out – new EU consultation 27/04/2012 DG Connect, the European Commission’s newly-branded directorate in charge of the Digital Agenda flagship policy has announced a new consultation aimed at helping to reduce the costs of investment in and the final retail price of, broadband. The public consultation runs until 20th July 2012. High-speed Internet underpins all sectors of the economy and will be the backbone of ...
  • £70 billion of potential government business published to boost UK growth 26/04/2012 The UK Government’s long term plan to reform the way the public sector does business ramped up today as new and updated data on £70 billion of potential future government contracts was published by Cabinet ministers Francis Maude and Vince Cable. Data has been published on £70 billion of potential future contracts over the next five ...
  • Web domains seized in global anti-fraud sting 26/04/2012 36 website domains, used to sell compromised card data, have been taken down following a day of action on Wednesday to target online criminals by SOCA working with the FBI and US Department of Justice.  The sites, identified by SOCA as specialising in selling stolen payment card and online bank account details, used e-commerce type platforms known as Automated Vending Carts (AVC’s) ...
  • UK Information Security Breaches Survey Results 2012 25/04/2012 Cyber security breaches are costing UK businesses billions of pounds, according to an influential report published today. It shows that 93 per cent of large organisations and 76 per cent of small businesses suffered an incident in the last twelve months.  What’s worrying is that 67 per cent of respondents expect more breaches this year versus ...
  • Back to Business Basics: Data Protection Briefing 24/04/2012 If your organisation handles personal information about living people, for example customers, suppliers and members of staff, then you have legal obligations to protect that information under the Data Protection Act 1998. The Data Protection Act implements European legislation currently under review in respond the developing technologies. Most organisations process personal information so it’s likely that yours ...
  • Full e-procurement of all public services by 2016, says Barnier 23/04/2012 Single Market Commissioner Michel Barnier has announced an ambitious target requiring public sector organisations to buy all goods and services online by 2016. The move is expected to save EU taxpayers billions in euros and make it simpler for Small and medium-sized enterprises (SMEs) to do business with government. Commissioner Barnier said: “It’s time to act. E-procurement ...
  • What does BYOD mean and is your business at risk? 17/04/2012 BYOD is a growing trend across mobile enterprise and a workforce on the go. But IT managers are still getting to grips with how to manage the risks associated with such dynamic working practices. E RADAR discusses the issues… BYOD – Bring Your Own Devices concerns the practice of organisations allowing their employees to use their ...
  • S. 1223 Location Privacy Protection Act of 2011 17/04/2012 Summary This US bill aims to address voluntary location tracking of electronic communications devices, and for other purposes. The Bill would require companies like Google and Apple to notify and receive consent from their users to share their personal information with third-parties.  This bill would close loopholes in current federal law to ensure that consumers know ...
  • H.R. 2096 Cybersecurity Enhancement Act of 2011 16/04/2012 Summary This US Bill aims to advance cybersecurity research, development, and technical standards, and for other purposes. The?Bill is similar to S. 1152.? It outlines a strategic plan that would continue funding for National Science Foundation (NSF) scholarships, encourage research and innovation in the field of cybersecurity at institutions of higher learning, and train future computer ...
  • H.R. 2577 Secure and Fortify Electronic (SAFE) Data Act 16/04/2012 Summary This US Bill aims to protect consumers by requiring organisations to adopt reasonable security policies and procedures to protect data containing personal information, and to provide for nationwide notice in the event of a security breach. The Bill?would also require organisations to notify affected customers about data breaches. Subject areas Commerce Administrative law and regulatory procedures Civil actions and ...
  • Better by Design? – UK Intellectual Property Consultation 13/04/2012 How does the UK’s design law operate in practice? What are the benefits, disadvantages and availability of the various remedies available to address design right infringement? What would you do to improve the current design law regime? These are just some of the questions being asked in a short consultation published by the UK’s Intellectual Property ...
  • S. 1151 Personal Data Privacy and Security Act of 2011 13/04/2012 Summary The Personal Data Privacy and Security Act intents to prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance criminal penalties, law enforcement assistance, and other protections against security breaches, fraudulent access, and misuse of personally identifiable information. Subject areas Crime and Law Enforcement Administrative law and regulatory procedures Bankruptcy Business records Civil actions and ...
  • Consultation on the Restriction of Hazardous Substances in Electrical and Electronic Equipment (RoHS) Directive 2011/65/EU 13/04/2012 The UK’s Department for Business Innovation and Skills has announced a new consultation on the implementation of the European Union’s new Restriction of Hazardous Substances in Electronical and Electronic Equipment (RoHS) Directive 2011. The RoHS Directive primarily aims to ensure that EU Member States apply common restrictions on the levels of six hazardous substances that may be ...
  • Commission consults on ‘Internet of Things’ 12/04/2012 A new EU consultation announced today is looking to balance the benefits of using smart chips in everyday objects such as phones, cars, household appliances, clothes and even food whilst making sure that the way they gather, process and store information is properly controlled. The “Internet of Things” (IoT) is a future in which everyday objects ...
  • S.1040 Broadband for First Responders Act of 2011 09/04/2012 Summary The Broadband for First Responders Act of 2011 intends to enhance public safety by making more spectrum available to public safety entities, to facilitate the development of a public safety broadband network, to provide standards for the spectrum needs of public safety entities, and for other purposes. Subject areas Science, Technology, Communications Administrative law and regulatory procedures Emergency communications systems Federal ...
  • Data Retention: Retaining Electronic Records 09/04/2012 Data retention concerns the retaining of data, information and records over time to meet business, legal, regulatory, fiscal and archival requirements. The primary driver for implementing a data retention strategy must always be the business requirements with the fiscal and legal requirements then built into any data retention strategy. Implementing a data retention regime is challenging. Not only ...
  • ebXML – global language for e-business 06/04/2012 ebXML (Electronic Business using eXtensible Markup Language) is a modular suite of specifications that enables enterprises of any size and in any geographical location to conduct business over the Internet. Using ebXML, organisations have a standard method to exchange business messages, conduct trading relationships, communicate data in common terms and define and register business processes.   Value ...
  • Regulation of Investigatory Powers Act 2000 03/04/2012 The UK’s Regulation of Investigatory Powers Act 2000 (RIPA) sets out sweeping reforms to the UK’s interception of communications regime. The Act provides the legal basis upon which monitoring of communications can be done legally  so long as it is necessary and proportionate to prevent and detect serious crime and terrorism. The Regulation of Investigatory Powers Act ...
  • S. 968 PROTECT IP Act 03/04/2012 Summary The PROTECT IP Act intends to enhance enforcement against rogue websites operated and registered overseas, eliminate the financial incentive to steal intellectual property online, and prevent the importation of counterfeit products and infringing devices. Subject Areas Civil actions and liability Consumer affairs Drug safety, medical device, and laboratory regulation Fraud offences and financial crime Intellectual property Internet and video services Marketing and advertising Prescription ...
  • H.R. 96 – Internet Freedom Act 03/04/2012 Summary The Internet Freedom Act would bar the Federal Communications Commission (FCC) from any regulation of the Internet or IP-enabled services. The only exceptions are actions that will prevent damage to U.S. national security, ensure public safety, or assist and facilitate any actions taken by federal and state law enforcement agencies. Subject areas Science, Technology, Communications Net neutrality Administrative law ...
  • Retaining communications content – a very British saga 02/04/2012 The UK government has confirmed proposals to introduce more sweeping powers in order to record the content of our conversations over the Internet and emails. Internet service providers will be asked to keep records of all emails and messages on social networking sites as well as conversations over services such as Skype. Authorities will require ...
  • Information and Identity Governance – Context for Basic Principles 01/04/2012 Putting the basic principles into application, social, business and legal context The report ‘The State of the Electronic Identity Market: Technologies, Infrastructure, Services and Policies’ (2010) emphasises the role of interoperability and credential portability in eID market development, lists key barriers limiting the growth of the eID market, and provides a set of recommendations aimed at promoting ...
  • Information and Identity Governance – ID Governance 01/04/2012 What is identity governance? 36. How do definitions, objectives and levels of assurance (from anonymous, through pseudonyms, self-asserted, balance of probability to beyond reasonable doubt) vary by purpose and why? 37. Does current legislation on the matter recognize the different levels of identity effectively? 38. Which stakeholders need what, what is the value to them and who is ...
  • Information and Identity Governance – Information Governance 01/04/2012 What is information governance? The debate is commonly fragmented over topics such as data protection, privacy, surveillance or information assurance, counter fraud, national security, but there are issues of ownership (from copyright of our own image or DNA to the personal data we put on a social network), stewardship and responsibility for “publishing” false information, especially ...
  • Information and Identity Governance – Identity Credentials 01/04/2012 Traditional identity credentials have been referred to as “something you have, something you know, and something you are” for example a smartcard, a password and a photograph (biometric). Other forms are being introduced, “something you do” – characteristics of your typing, ”something you have done” – knowledge of your history, “something you prefer” – favourite artist, “something you can access” – ability to receive and ...
  • Information and Identity Governance – Trust Systems 01/04/2012 Lack of trust Surveys of who the public trusts with their information tend to show that, except for banks and medical practitioners, most of those who expect their customers, clients, subjects or taxpayers to use their identity systems are not themselves trusted. They can only be confident in the accuracy of the data supplied if it is ...
  • Information and Identity Governance – Identity Ecosystems 01/04/2012 Much debate on the need for new and/or rationalised electronic identities ignores lessons from the wealth of identity products and services (from seals, thumb prints and letters of introduction through cable authentication to credit cards and passports) that have grown over several millennia of national and international trade between persons who have never met.   Questions to ...
  • Information and Identity Governance – Defining Identity 01/04/2012 Defining identity: what is it, who wants or needs to know; and why?  The word “identity” has many connotations, including; philosophical notions of continuity of personal identity, collections of personal information “attributes” (e.g. items on a usiness card), verified sets of these attributes, electronic representation of these attributes in digital identities and digital personas.   Crucial questions to ...
  • Information and Identity Governance – Privacy 01/04/2012   What is privacy, who wants it and needs it Identity is often treated as the converse of privacy, leading to tensions which vary according to cultural and social expectations. Privacy is closely linked to (personal) Data Protection, which has been the focus of many different laws worldwide. Questions to consider Priority v social cohesion – 4. Do views on ...
  • Identity and Information Governance – Standard Terms 01/04/2012 The issue of Information and Identity Governance (Identity Assurance, Identity Management, Data Protection, Access Control, etc.) has led to much debate over recent years. Even the fundamental definitions are not agreed by all participants, and the words used often differ from their common meanings. This is compounded when translating across different languages. Questions to consider… 1. International Glossary ...
  • OECD raises concerns over UK anti-bribery practices 01/04/2012 The Organisation for Economic Co-operation and Development (OECD) has challenged the UK’s transparency and resources in resolving cases of foreign bribery. In its report published this week, the OECD’s Working Group on Bribery said that “the opaque process and low-level of information available about settlements may fail to instill public and judicial confidence.” The OECD Working Group on Bribery ...
  • Securing long term benefits from scarce spectrum resources – A strategy for UHF bands IV and V 29/03/2012 Consultation published 29|03|2012
  • S. 813 – Cyber Security Public Awareness Act of 2011 28/03/2012 Summary The proposed US Cyber Security Public Awareness Act of 2011 is intended to promote awareness of cyber security. The Bill, once enacted, mandates that different government agencies provide information to Congress on what plans exist for prosecuting cyber criminals, reacting to significant private sector incidents, reporting cyber crime to shareholders, regulating critical infrastructure, protecting the information security ...
  • e Contracts – Contracting in an Electronic Age 27/03/2012 Around 15 years ago we started on a journey of electronic everything. Suddenly the Internet had become commercial and we were all scrabbling around trying to ensure we could still do business with each other in this new online environment. How e contracts (electronic contracts) were formed, who was authorised to ‘seal the deal’, their ...
  • Pingit Mobile Payments App – A watershed for credit cards? 27/03/2012 Barclays Bank has announced a new mobile payments service which could be as significant a moment as the launch of the credit card decades ago. By linking customers’ smart phone numbers to their current accounts, the service, Pingit will enable people to send and receive payments between UK accounts, simply by texting another mobile from their ...
  • EU Single market lacks commitment, says OECD 27/03/2012 Lack of political commitment, national regulations, rigidity and poor implementation of existing EU rules are all blamed for holding back cross-border economic activity, growth and job creation, OECD Secretary-General Angel Gurría said in a report published today. In a week when Euro area finance ministers are meeting to boost the firepower of the European stability funds ...
  • S. 413 – Cybersecurity and Internet Freedom Act of 2011 27/03/2012 The US Cybersecurity and Internet Freedom Act amends the Homeland Security Act of 2002 and other laws to enhance the security and resilience of cyber communications infrastructure of the US. To do so, it molds a new role for CISOs, who would oversee the management of agencies’ security operations centers. The Bill establishes a White House Office of ...
  • S. 372 – Cybersecurity and Internet Safety Standards Act 26/03/2012 Summary The US Cybersecurity and Internet Safety Standards Act introduced in US Congress seeks to reduce the ability of terrorists, spies, criminals, and other malicious actors to compromise, disrupt, damage, and destroy computer networks, critical infrastructure, and key resources, and for other purposes. These will be achieved by promoting organisations in the private sector to develop and enforce ...
  • The Convention on Cybercrime 26/03/2012 The Convention on Cybercrime is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security. It also contains a series of powers and procedures such as the search of computer networks and interception. Its main objective, set out ...
  • Award of Public Services Network Connectivity Framework Agreements 23/03/2012 Francis Maude: “We are confident that the PSN programme will substantially reduce the cost of communication services across government.”
  • Data Protection Regulation – High Fine Fears 23/03/2012 The formal publication of the proposed EU-wide Data Protection Regulation is causing wide concern among boardroom members who fear potential fines of up to 2% of their global turnover. The proposed EU-wide Regulation aims to harmonise privacy rules and enforcement across the EU, and once adopted, would be directly applicable in all Member States without the need for national ...
  • Ofcom publishes latest telecoms complaints data 22/03/2012 Ofcom today published its latest complaints data revealing the most complained about major telecoms providers between October and December 2011.Ofcom today published its latest complaints data revealing the most complained about major telecoms providers between October and December 2011. The quarterly report aims to provide useful information for consumers, and also to incentivise telecoms providers to…
  • What is the Cloud? The Law and Cloud Computing 20/03/2012 Cloud computing brings many opportunities for today’s online business but knowing how to balance opportunity and risk associated with ‘The Cloud’ is challenging. In this article we discuss some of the legal and regulatory issues organisations are facing when considering and implementing a cloud computing strategy for your organisation Cloud computing (the cloud) describes computation, software, data ...
  • Geographic telephone numbers 20/03/2012 Consultation published 20|03|2012
  • S. 21 – Cyber Security and American Cyber Competitiveness Act of 2011 19/03/2012 Summary The Cyber Security and American Cyber Competitiveness Act of 2011 seeks to enhance the security of US government communications networks, increase public-private cooperation to ensure cybersecurity, promote IT investments, improve capabilities to assess cyber risk and deter attacks, prevent identity theft, promote international cooperation, prosecute cyber criminals, and protect privacy. Subject Areas Right of privacy Crime prevention Criminal investigation, prosecution, interrogation Terrorism Electric ...
  • Better access to public sector information moves a step closer 19/03/2012 The private sector and the open data community are to have greater influence over the release of public sector data to encourage the creation of high-value businesses and promote economic growth, the Government announced today. …
  • S. 28 – Public Safety Spectrum and Wireless Innovation Act 19/03/2012 Summary The Public Safety Spectrum and Wireless Innovation Act aims to increase spectrum access for public safety providers to support a national, inter-operable wireless broadband network. It authorizes the FCC to hold incentive auctions to provide funding support for a network. The legislation also directs the establishment of a grant program to assist public safety entities in creating ...
  • S.8 – Tough and Smart National Security Act of 2011 19/03/2012 Summary The US Tough and Smart National Security Act seeks to reform cyber security policy to prevent cyber attacks, protect privacy and civil liberties, and avert catastrophic cyber incidents. The Act would strengthen US national security. Subect Areas Armed Forces and National Security Intelligence activities, surveillance, classified information Military operations and strategy Military personnel and dependents Veterans’ medical care Veterans’ pensions and compensation Right of ...
  • Cyber Security Legislation in the United States 18/03/2012 This article details 30 cyber-security bills which are progressing through US Congress S.8 – Tough and Smart National Security Act A Bill to Strengthen America’s National Security Summary This bill seeks to reform cybersecurity policy to prevent cyber attacks, protect privacy and civil liberties, and avert catastrophic cyber incidents. Sponsor Sen. Harry Reid (D-NV) History On January 25, 2011, the bill was ...
  • Cabinet Office and Capgemini agree deal to help deliver over £200 million in savings to taxpayers 14/03/2012 A new deal with one of the Government’s biggest IT services suppliers, Capgemini, will help lead to savings over £200 million, the Minister for the Cabinet Office, Francis Maude, announced today.
  • UK Broadband Strategy 11/03/2012 The UK government is committed to delivering the best superfast broadband network in Europe by 2015. To do this, Government: has allocated £530 million during the current Spending Review period to stimulate commercial investment to roll out high-speed broadband in rural communities will invest £100 million to create up to ten ‘super-connected cities’ across the UK will invest ...
  • UK National Infrastructure Plan 11/03/2012 The Government has published an updated National Infrastructure Plan. This contains major commitments to improve the UK’s transport and broadband networks as well as steps to attract major new private sector investment. The plan sets out: A clear plan for the UK’s infrastructure A new strategy for coordinating public and private investment New investment in critical infrastructure projects A new ...
  • UK Cyber Security Strategy 11/03/2012 The risks from cyberspace (including the internet, wider telecommunications networks and computer systems) have been identified by the Government as a high priority risk. The UK is facing an ongoing, persistent threat from other states, terrorists and criminals operating in cyberspace. In less than 16 years the number of global web users has exploded from 16 ...
  • Internet Regulation (Material Inciting Gang Violence) Bill 2010-12 11/03/2012 The Internet Regulation (Material Inciting Gang Violence) Bill 2010-12 gives courts the power to order internet service providers to remove certain material which incites gang violence, and follows the UK riots in 2011 where online social networking websites played a provocative role. The Bill was introduced to Parliament on 8 November 2011 under the Ten Minute Rule. This allows ...
  • Common European Sales Law – Scottish Consultation 10/03/2012 Following discussion with the Scottish Government, a Call for Evidence is being issued by the UK Government about the potential costs and benefits of the European Commission’s proposed Regulation for a Common European Sales Law. The Call for Evidence is issued with the aim of obtaining evidence/views from interested parties to assist Government in developing a ...
  • Hargreaves Review into the UK’s Intellectual Property Framework 10/03/2012 The Hargreaves Review is an independent report by Ian Hargreaves into the UK’s intellectual property framework. In November 2010 the Prime Minister David Cameron announced an independent review of how the Intellectual Property framework supports growth and innovation. Chaired by Professor Ian Hargreaves from Cardiff University and assisted by a panel of experts, the review reported ...
  • UK Government ICT Strategy 10/03/2012 UK Government ICT Strategy
  • UK Communications Market Facts and Figures 10/03/2012 Here are all the latest facts and figures about communications in the UK today* Internet Number of fixed residential broadband connections in the UK 18.4 million (Q3 2011) Proportion of adults with broadband in the UK (fixed + mobile) 76% (Q4 2011) Proportion of adults with mobile broadband in the UK 14% (Q4 2011) What is the market share of fixed broadband providers ...
  • SME procurement event – Francis Maude speech 09/03/2012 Speech given by Francis Maude at the ‘Public Procurement Briefing 2012: Driving a culture of innovation and enterprise with SMEs’ event in March 2012.
  • UK Corporate Governance Code 09/03/2012 The UK Corporate Governance Code sets out standards in boardroom leadership, effectiveness, remuneration, accountability and shareholder relations. All companies with a Premium Listing of equity shares in the UK are required under the Listing Rules to report on how they have applied the Combined Code in their annual report and accounts. The relevant section of the Listing Rules ...
  • OASIS Standards 09/03/2012 OASIS (Organization for the Advancement of Structured Information Standards) is a not-for-profit consortium that drives the development, convergence and adoption of open standards for the global information society. OASIS promotes industry consensus and produces worldwide standards for security, Cloud computing, SOA, Web services, the Smart Grid, electronic publishing, emergency management, and other areas. OASIS open standards ...
  • UK Data Sharing Code of Practice 08/03/2012 People want to know how their information is being used, who has access to it, and what that means for them. People also expect an appropriate level of choice and control, especially over their sensitive data. The Data Sharing Code of Practice sets out a framework for organisations to use. The UK Information Commissioner’s Data Sharing ...
  • Malicious Communications Act 1988 07/03/2012 The Malicious Communications Act 1988 makes provision for punishing people who send or deliver letters or other articles which cause distress or anxiety. Prosecutors have used the Act to bring cases against people who use social networking websites such as Twitter to send hate messages. Hate mail is usually anonymous, but if it can be traced the sender ...
  • Online behavioural advertising | Active and informed choice 06/03/2012 The EU’s Article 29 Working Party on Data Protection has reaffirmed the European Commission’s view that website cookies for tracking online users’ surfing behaviour can only be deployed in a fair and transparent way.  In a letter addressed to the Online Behavioural Advertising Industry, the Working Party argued that user must have an ‘active and informed ...
  • UK Advertising Codes 06/03/2012 The UK’s CAP Advertising Codes contain wide-ranging rules designed to make sure that advertising (including advertising online) does not mislead, harm or offend. Ads must also be socially responsible and written in line with the principles of fair competition. These broad principles apply regardless of the product being advertised. The Committees of Advertising Practice (CAP) write and ...
  • Consumer Contracts and E-commerce 04/03/2012 Strong European consumer protection laws ensure that customers purchasing goods and services online in a private capacity – consumers –  are well protected. This article looks at consumer contracts in e-commerce In the UK The E-commerce Regulations 2002 apply to businesses that sell goods or services to businesses or consumers on the internet, or by email or ...
  • Mobile Law: The legal risks in m-commerce 03/03/2012 We are increasingly using our mobile devices to access the Internet. In response, organisations are adapting their back-end systems to enable mobile commerce. It’s all good, but we do need to be aware of the legal, regulatory and security risks as we purchase more goods and services this way… Mobile commerce, or M-commerce is any business ...
  • Draft Revised Northern Ireland Equality Scheme for Ofcom 02/03/2012 Consultation published 02|03|2012
  • House of Lords Select Committee calls for evidence on superfast broadband 01/03/2012 The House of Lords has called for an inquiry into the UK’s superfast broadband rollout targets. Government is committed to achieving the best superfast broadband network in Europe by 2015, with 90% of households having access to superfast broadband, and a good level of access of at least 2Mbps for everyone else. In 2010, the Government ...
  • Cabinet Office and DWP procure digital services for Universal Credit 01/03/2012   The Cabinet Office and the Department of Work and Pensions (DWP) have joined forces to formally seek the services of specialist identity providers who will deliver safe and secure access to DWP services.  
  • UK Premium Rate Services Code 01/03/2012 The Communications Act 2003 provides Ofcom with the power to approve a Code for the purposes of regulating premium rate services and Ofcom has approved this Code under Section 121 of the Act. Certain providers of premium rate services are obliged to comply with directions given by PhonepayPlus in accordance with its Code of Practice for ...
  • 16 EU Actions to double E-commerce by 2015 29/02/2012 The Internet has revolutionised our lives in a way comparable to the industrial revolutions of the previous centuries. Electronic commerce and online services in the broader sense are now at the heart of the lives of consumers, businesses (from the largest to the smallest) and citizens in general. Challenges still exist, and the European Commission wants ...
  • The draft eID Regulation 2012 29/02/2012 The European Commission has adopted a draft Regulation* aimed at ensuring cross-border legal recognition of electronic IDs, eSignatures and other electronic Authentication services in Europe (eIAS), as foreseen in the Digital Agenda for Europe.  The measures will enhance trust in pan-European electronic transactions and enable electronic identification, authentication, signature and related trust services, as well as a ...
  • Single European Payment Regulation 28/02/2012 The European Commission has adopted Regulation (EU) No 260/2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009. The European Commission wants to establish a pan-European framework for credit transfers and direct debits. It believes that a fully implemented Single European Payment Area (SEPA) could generate ...
  • EU publishes proposal for Raw Data Directive 28/02/2012 The European Commission has published a proposal on open data with the aim to update the Directive on the Re-use of Public Sector Information. The draft proposal for a revision of the Directive proposes to further open up the market for services based on public-sector information, by including new bodies in the scope of application of ...
  • Directive on Orphan Works 28/02/2012 Millions of copyrighted cultural works lie unexploited in libraries and museums throughout Europe. This includes orphan works, where the copyright owner cannot be traced which makes approval for digitalisation and online distribution impossible to obtain. The same difficulties also apply also out-of-print material which constitutes some 70% of publishers’ collections. The European Union wants to introduce ...
  • Collective Rights Management Directive 28/02/2012 The European Commission is about to publish its draft proposal of collective rights management, said Internal Market Commissioner Michel Barnier. Barnier told the European Parliament’s legal affairs committee on 13 February that the Commission had concluded a public consultation on the legislation. Commission officials are currently finalising details to two components of the legislation: harmonising transparency and ...
  • Second consultation on coexistence of new services in the 800 MHz band with digital terrestrial television 23/02/2012 Consultation published 23|02|2012
  • Web Law: E-commerce Tips and Tricks 23/02/2012 The European Union estimates that up to 60% of cross-border e-commerce transactions fail for one reason or another. Yet, building trust and confidence online without face-to-face contact can be a daunting task for businesses. Customers also need to be sure that when they buy online they get what they pay for. That’s why consumer protection laws ...
  • The Electronic Signatures Regulations 2002 22/02/2012 Reference: UK/2002/SI/318 Electronic signatures have seen significant adoption in the past decade within insurance, lending, government and other industries following the introduction of The Electronic Signatures Regulations 2002 which transposed the EU Electronic Signatures Directive into UK law. Why are electronic signatures important? Electronic identity (eID) technologies and authentication services are essential for all kinds of online transactions. Today, log-in ...
  • Investigatory Powers Tribunal 14/02/2012 The Investigatory Powers Tribunal (IPT) exists to investigate complaints about the potential conduct of various public bodies, in relation to you, your property or communications. The IPT was established in October 2000, as a result of the enactment of the Regulation of Investigatory Powers Act 2000 (RIPA). The IPT can consider complaints about the use of ...
  • Sexual Offences Act 2003 09/02/2012 Reference: UK/2003/C/42 The Sexual Offences Act 2003 makes new provision about sexual offences, their prevention and the protection of children from harm from other sexual acts. The Act deals with the making and distribution of illegal images relating to children. Employers must ensure that appropriate policies, procedures and security measures are in force to prevent employees and others spreading such images ...
  • Are e-commerce laws holding your business back? 08/02/2012 UK trade bodies are calling for the new EU Commission to complete the digital single market to encourage enterprise, competition and innovation across the European economy. In November 2009 the European Commission reported that 60% of EU cross border e-commerce contracts fail for one reason or another. The statistic is an unfortunate indictment on the European Single Market’s ...
  • Revealed: How parents control children’s access to adult media 08/02/2012 A new online survey conducted by the website ParentPort reveals that, of those parents surveyed whose children watch films at home, 40% had allowed their children to watch a film classified above their age. A new online survey conducted by the website ParentPort reveals that, of those parents surveyed whose children watch films at home,…
  • Unified communications across the enterprise 07/02/2012 All organisations conducting business online have the potential to link with every home, office, transportation system and other location around the world and in space. Unified communications concerns mastering an organisation’s multiple information and communications technologies to reduce the number of devices, reduce communications and remove confusion over how information is managed. Unified communications can support the ...
  • Staff Email Policy and Procedure 06/02/2012 Staff email policies and procedures are necessary to protect both the employer and workers from potential legal liabilities such as viewing inappropriate images, bullying, defamation and breaches of Data Protection. Both policies and procedures must be agreed and championed at board level and applied to all workers across the organisation without exception. It’s also important that policies ...
  • Email Retention And eDiscovery Rules 06/02/2012 Email (and other electronic) messages may be required as evidence in civil and criminal legal proceedings, unless they are protected by privilege (e.g. communications between a lawyer and his client).  eDiscovery is the process of retrieving electronic data and records for evidence. As soon as legal proceedings are contemplated the organisation has a duty to the ...
  • Cloud Computing Act of 2011 03/02/2012 Summary This US Bill is expected to form new enforcement tools for investigating and prosecuting hackers and will encourage the federal government to negotiate with other countries to establish consistent laws related to online security and cloud computing. Sponsor(s) Sen. Amy Klobuchar (MN) and Sen. Orrin Hatch (UT) History The Bill has not been introduced yet.  Senators Klobuchar and Hatch ...
  • Notice of proposals to make the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2012 26/01/2012 Consultation published 26|01|2012
  • Trade Secrets, Confidentiality Clauses and Breach of Confidential Information 25/01/2012 Workers can easily use e-mail and electronic messages to send trade secrets and other confidential information to third parties. Whilst these can be sent by accident, the main risk to organisations is from disgruntled employees or those who are about to leave the organisation. For example, the organisation’s customer database is often a target for theft ...
  • Copyright in the digital era – Speech by Michel Barnier European Commissioner 13/01/2012 Music creators are a face of the vibrant European cultural scene. You are the creators of our colourful musical landscape. And you are also vital to our international competitiveness. Promoting your talent, your creativity and your innovation is key to our future prosperity. To Europe’s leadership in a competitive world. Ladies and Gentlemen, cultural diversity also means ...
  • EU Creative Europe Programme Consultation 12/01/2012 Consultation on the European Commission’s proposal for a Creative Europe programme 17186/11 to inform the Government’s approach to negotiations in 2012.
  • Second consultation on assessment of future mobile competition and proposals for the award of 800 MHz and 2.6 GHz spectrum and related issues 12/01/2012 Consultation published 12|01|2012
  • Communication on e-commerce – frequently asked questions 11/01/2012 The EU Single Market for e-commerce is still not functioning as it should as there are significant differences in the rules, standards and practices applied to e-commerce within individual Member States. As a result, companies find it difficult to provide online services or to sell goods across EU borders, and citizens miss out on the opportunity ...
  • Stimulating growth and employment: an action plan for doubling the volume of e-commerce in Europe by 2015 11/01/2012 The development of electronic commerce and online services offers enormous potential for beneficial economic, social and societal change. The Internet economy creates 2.6 jobs for every “off-line” job lost, and offers a better choice to consumers, inc…
  • Wholesale ISDN30 price control 22/12/2011 Statement published 12|04|2012
  • Laws for the European Digital Single Market 16/12/2011 The European Commission expects Member States to implement swiftly and coherently the key Directives supporting the digital single market, including the Services Directive*, Unfair Commercial Practices Directive and the Telecoms Framework and to ensure the implementation of the provisions of the Audiovisual Media Services Directive. What is the problem? The European digital single market is fragmented. Europe’s telecoms ...
  • New Cookies Guidance published by UK Information Commissioner 13/12/2011 Cookies Guidance: The UK Information Commissioner (ICO) has published updated guidance on the use of website cookies following a change in the law earlier this year. But, whilst the new cookies guidance takes a pragmatic approach to continued issues around the use of cookies, the Commissioner is also critical of web site owners for so far ...
  • E-commerce and ICT activity 2010 11/12/2011 The Office for National Statistics has released the 2010 annual survey into e-commerce and ICT activity. The survey measures the use of information and communication technologies (ICTs) by non-financial businesses with 10 or more employment. The largest businesses continued to lead the way in the adoption of new technology. However, smaller businesses were closing the gap with increasing numbers ...
  • Proposed Data Protection Regulation Leaked 09/12/2011 A first legislative draft for a general EU data protection regulation has been leaked to the public 6 weeks ahead of the scheduled publication.  The draft Regulation – which aims to apply a harmonized and updated set of core data protection rules across the EU – will be reviewed by the different Directorates-General of the European ...
  • Commissioner sets out future for EU data protection 01/12/2011 Clarity, certainty and balance form the basis for the future of UK data protection, according to Deputy Information Commissioner David Smith. In a new blog published on the Information Commissioner’s website, Mr Smith argues that Regulation which is hard to understand and even harder to apply will not be followed in practice and does not serve ...
  • Premium Subsciption 27/11/2011 High-level, in depth, focused content tailored towards your individual requirements
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  • Law commissions fail to endorse European sales law 15/11/2011 The Law Commission and Scottish Law Commission have both failed to endorse proposals for an optional new consumer code to cover distance selling across the European Union. They have questioned the ability of the current text to strike the right balance, arguing that distance selling needs its own clear rules, designed around automated processes. The current problem The ...
  • European Sales Law Announced 14/10/2011 The European Commission is proposing an optional Common European Sales Law (CESL) to break down barriers and give consumers more choice and a high level of protection. The new proposal aims to facilitate trade by offering a single set of rules for cross-border contracts in all 27 EU countries, and comes in response to a 2009 ...
  • What’s on your ERADAR? 06/10/2011   Register for free with eradar.eu™ – the UK’s new networking and collaboration hub for e-business decision makers, risk and compliance professionals. Online services include interactive tools . knowledge vault . legal risk solutions . representation . policy scrutiny . governance and compliance know-how.
  • Data Protection Audits 26/09/2011 Peace of mind for organisations concerned about the protection of personal information E RADAR has introduced a brand new Data Protection Audit Service to give organisations peace of mind when complying with online rules and regulations. This new independent service identifies cost-effective ways in which your organisation can protect all stakeholders. More information    
  • New Consumer Rights Bill announced 26/09/2011 The UK Government has today announced a new Consumer Rights Bill which aims to streamline confusing and overlapping legislation and regulation as well as provide stronger consumer protection. But whilst the Bill updates the law for goods and services (including digital content), clarifies the law on unfair contract terms, consolidate powers for Trading Standards. The Consumer Rights ...
  • The Consumer Protection from Unfair Trading Regulations 2008 08/08/2011 The Consumer Protection from Unfair Trading Regulations 2008 (the ‘CPRs’) came into force on 26 May 2008. The reguations implemented the Unfair Commercial Practices Directive into UK law. Unfair commercial practices include those commercial practices that contravene the requirements of professional diligence, misleading actions, misleading omissions, and aggressive commercial practices. The regulations can be read alongside The Business Protection ...
  • List of EU and UK Consumer Protection Laws 08/08/2011 Consumer Protection Laws – when you sell products and services to the consumer you are required to comply with mandatory laws that protect them in the absence of any bargaining power they would normally have if they were another business or organisation. A consumer generally has the right to sue a supplier in the consumer’s ...
  • Patents Act 1977 05/08/2011 The UK Patents Act 1977 establishes a new law of patents applicable to future patents and applications for patents, amends the law of patents applicable to existing patents and applications for patents and gives effect to certain international conventions on patents. The Patents Act 1977 is the main patent law in the UK. It sets out the legal rights and ...
  • EU procurement regulations not fit for purpose? 05/07/2011 Curse of the EU Public Procurement Rules strikes again with train manufacturer Bombardier announcing 1,400 job losses in Derby today. Last month, the company lost out to German group Siemens as the preferred bidder to build 1,200 carriages for the route between Bedford and Brighton. Managers have blamed the decision on EU public procurement rules that discriminate ...
  • Protection of Freedoms Bill 29/06/2011 The Protection of Freedoms Bill was introduced into the House of Commons on 11 February 2011. In the Queen’s Speech of May 2010, the government announced the introduction of legislation that would ‘restore freedoms and civil liberties through the abolition of identity cards and unnecessary laws’. Following this commitment, the Home Office introduced the Identity Documents ...
  • Legal Analysis of a Single Market for the Information Society 28/06/2011 An EU study supports the need to modernise and harmonise the legislative framework applicable to information society services in the Digital Single Market. A series of gaps and inconsistencies have appeared and may hinder the next generation of Europeans to turn their creativity into new services, growth and jobs. This study confirms that new and forward-looking ...
  • Youth Justice and Criminal Evidence Act 1999 23/06/2011 Reference: UK/1999/C/23 The Youth Justice and Criminal Evidence Act 1999 deals with a person’s competence in giving evidence in the criminal courts and contains additional restrictions on the use of certain types of evidence. The legislation is relevant for criminal proceedings in IT-related matters. Criminal evidence The Act provides for the referral of offenders under 18 to youth offender panels; makes provision in ...
  • The Value Added Tax (Reverse Charge) (Amendment) Order 2003 23/06/2011 Reference: UK/2003/SI/863 The Value Added Tax (Reverse Charge) (Amendment) Order 2003 amends the VAT Act 1994 to include all electronically-supplied services following implementation of the VAT on E-Commerce Directive (2002/38/EC)… Who is affected by the Order? UK businesses supplying electronically supplied services. Non-EU businesses supplying electronically supplied services to EU customers. UK businesses and non-business organisations receiving electronically supplied services from ...
  • The Value Added Tax (Amendment No 6) Regulations 2003 23/06/2011 Reference: UK/2003/SI/3220 The Value Added Tax (Amendment No 6) Regulations 2003 transpose the E-invoicing Directive into UK law. EU directive The Value Added Tax (Amendment No 6) Regulations 2003 amend The Value Added Tax Regulations 1995 in order to implement the provisions of the Electronic Invoicing (E-invoicing) Directive… Electronic invoicing Electronic invoicing – e-Invoicing – is the electronic transfer of invoicing information ...
  • Unsolicited Goods & Services Act 1971 23/06/2011 Reference: UK/1971/C/30 The Unsolicited Goods and Services Act 1971 (as amended) makes provision for the greater protection of persons receiving unsolicited goods, and amends the law with respect to charges for entries in directories. Offence Under the Unsolicited Goods and Services Act 1971 it is an offence to demand payment for goods known to be unsolicited – sent to a ...
  • The Unfair Terms in Consumer Contracts Regulations 1999 23/06/2011 Reference: UK/1999/SI/2083 The Unfair Terms in Consumer Contracts Regulations 1999 apply, with certain exceptions, to unfair terms in contracts concluded between a consumer and supplier. EU directive The Unfair Terms in Consumer Contracts Regulations 1999 revoke and replace the Unfair Terms in Consumer Contracts Regulations 1994. Those Regulations implemented Council Directive 93/13/EEC on unfair terms in consumer contracts (O.J. No. ...
  • Trade Marks Act 1994 23/06/2011 The UK Trade Marks Act 1994 protects the online use of trade marks and introduces criminal offences against trade mark infringement. For example, during web site design and when using electronic communications, such as email, ensuring your own trade mark protection as well as avoiding using another’s trade mark is essential. The Trade Marks Act 1994 makes new provision ...
  • Trade Descriptions Act 1968 23/06/2011 Reference UK/1968/C/29 The Trade Descriptions Act 1968 replaces the Merchandise Marks Acts 1887 to 1953 by fresh provisions prohibiting mis-descriptions of goods, services, accommodation and facilities provided in the course of trade. Main provisions The Act prohibits false or misleading indications as to the price of goods; confers power to require information or instructions relating to goods to be marked on ...
  • Terrorism Act 2000 (and 2006) 22/06/2011 References: UK/2000/C/11 and UK/2006/C/11 The Terrorism Act 2000 makes provision about terrorism and makes temporary provision for Northern Ireland about the prosecution and punishment of certain offences, the preservation of peace and the maintenance of order. The Terrorism Act 2006 builds upon the objectives of the 2000 Act. Certain exemptions apply to Internet Service Providers (ISPs) Domestic and international terrorism The Terrorism Act 2000 ...
  • Supply of Goods & Services Act 1982 22/06/2011 Reference: UK/1982/C/29 The Supply of Goods and Services Act 1982 aims to protect consumers against bad workmanship or the poor provision of services. It covers contracts for work and materials, as well as contracts for pure services, and remember, this still applies even in everyday situations – such as going to the hairdressers or the dry cleaners – where ...
  • Proceeds of Crime Act 2002 22/06/2011 The Proceeds of Crime Act 2002 (text) introduces a number of measures aimed at confiscating benefits gained from criminal conduct and for restraint orders to prohibit dealing with property. IT professionals will also be interested in the money laundering provisions set out in Part 7 of the Act. The Proceeds of Crime Act 2002 (POCA) (text) (1) establishes the Assets Recovery ...
  • Serious Organised Crime and Police Act 2005 22/06/2011 Reference: UK/2005/C/15 The Serious Organised Crime and Police Act 2005 established the Serious Organised Crime Agency (SOCA). Main provisions The Act provides for the establishment & functions of the Serious Organised Crime Agency (SOCA); makes provision about investigations, prosecutions, offenders and witnesses in criminal proceedings and the protection of persons involved in investigations or proceedings; provides for the implementation of certain international obligations ...
  • Serious Crime Act 2007 22/06/2011 Reference UK/2007/C/27 The Serious Crime Act 2007 allows for widespread data sharing between government agencies in order to prevent fraud and other offences. Key provisions The Act makes provision about serious crime prevention orders; creates offences in respect of the encouragement or assistance of crime; enables information to be shared or processed to prevent fraud or for purposes relating to proceeds of crime; enables data ...
  • Sale of Goods Act 1979 22/06/2011 The Sale of Goods Act 1979 consolidates the law relating to the sale of goods. Wherever goods are bought they must “conform to contract”. This means they must be as described, fit for purpose and of ‘satisfactory quality’ (i.e. not inherently faulty at the time of sale). Goods are of satisfactory quality if they reach the standard ...
  • The Sale and Supply of Goods to Consumers Regulations 2002 22/06/2011 Reference: UK/2002/SI/3045 The Sale and Supply of Goods to Consumers Regulations 2002 make amendments to existing legislation on the sale and supply of goods and unfair terms in order to provide additional remedies to consumers under certain circumstances. EU directive The Sale & Supply of Goods to Consumers Regulations 2002 implement Directive 1999/44/EC of the European Parliament and of ...
  • The RoHS Regulations 2008 21/06/2011 Reference: UK/2008/SI/37 The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 (RoHS Regulations) transpose EU rules into UK law. The Regulations apply to organisations that deal with electrical and electronic equipment (EEE) and contain data and information management requirements. EU directives Original Directive The Restriction of the Use of Certain Hazardous Substances in Electrical ...
  • Video Recordings Act 2010 (and 1984 Act) 21/06/2011 The Video Recordings Act 2010 is an important piece of UK legislation important for businesses selling video works online. Criminal penalties can be imposed for supplying video works which fail to meet classification and labeling requirements. The Video Recordings Act 2010 repealed and revived without amendment the Video Recordings Act 1984 in order to rectify a procedural ...
  • The Waste Electrical and Electronic Equipment Regulations 2006 21/06/2011 Boardroom Briefing Waste electrical and electronic equipment (WEEE) is the fastest growing type of waste in the UK. You must handle and store it correctly and ensure that it is disposed of at an authorised facility. The Waste Electrical & Electronic Equipment Regulations 2006 aim to reduce the amount of this waste going to landfill and improve recovery ...
  • Wireless Telegraphy Act 2006 21/06/2011 The Wireless Telegraphy Act 2006 consolidates enactments about wireless telegraphy. It has brought together into a single statute the legislation under which Ofcom, the UK’s communications regulator manages the radio spectrum. Wireless Telegraphy Act 2006 replaces six separate Acts of Parliament. The Wireless Telegraphy Act 2006 makes no changes to the law except to remedy a small number of ...
  • Public Order Act 1986 21/06/2011 The Public Order Act 1986 outlaws incitement to racial hatred and must be taken into consideration by IT professionals in order to protect workers and prevent an offence being carried using the organisation’s computers, systems and networks. Incitement to racial hatred The Act: abolishes the common law offences of riot, rout, unlawful assembly and affray and certain statutory ...
  • The Public Contracts Regulations 2006 21/06/2011 Reference: UK/2006/SI/5 The Public Contracts Regulations 2006 specify the procedures to be followed in relation to the award of public works contracts, public supply contracts and public services contracts by public bodies called contracting authorities. They form part of the rules and regulations about public procurement, and are subject of continued debate about how these are applied in ...
  • The Provision of Services Regulations 2009 21/06/2011 The Provision of Services Regulations 2009 apply to all businesses operating in a services sector, with important exclusions. They operate on the principle of ‘if you’re not specifically excluded, you’re in’, so examining the list of excluded sectors below may clarify what is in scope. The Provision of Services Regulations 2009 implement Directive 2006/123/EC of the ...
  • Protection from Harassment Act 1997 21/06/2011 The Protection from Harassment Act 1997 (PHA) makes provision for protecting persons from harassment and similar conduct. The Act is relevant for IT professionals who need to safeguard workers from harassment committed using the organisation’s computers, systems and networks. Definition: The Crown Prosecution’s Guidelines on Harrassment state: “harassment is not specifically defined it can include repeated attempts to impose ...
  • Private Security Industry Act 2001 21/06/2011 Reference: UK/2001/C/12 The Private Securities Industry Act 2001 makes provision for the regulation of the private security industry. It is relevant to organisations implementing an IT security strategy and assessing physical security, including staff vetting. The Act aims to raise the integrity of private security staff by implementation of a licensing regime. Physical security of digital systems and networks is an ...
  • Police and Criminal Evidence Act 1984 (PACE) 21/06/2011 Legislation briefing The Police and Criminal Evidence Act 1984 (PACE) deals with the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police. It provides for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; and amends the law relating ...
  • Police and Justice Act 2006 21/06/2011 Reference: UK/2006/C/48 The Police and Justice Act 2006 updates the law in order to address IT denial of service attacks. It also deals with fortfeiture of indecent photographs of children. Overview of the Act The Act establishes a National Policing Improvement Agency; makes provision about police forces and police authorities and about police pensions; makes provision about police powers and about the powers ...
  • The Money Laundering Regulations 2007 20/06/2011 Reference: UK/2007/SI/2157 The Money Laundering Regulations 2007 are designed to protect the UK financial system. If your business is covered by the regulations you must put in place certain controls to prevent it being used for money laundering by criminals and terrorists. Nominated officer These include appointing a ‘nominated officer’, checking the identity of customers and keeping all relevant ...
  • Mobile Telephone (Re-Programming) Act 2002 20/06/2011 Reference: UK/2002/C/31 The Mobile Telephone (Re-Programming) Act 2002 creates offences in respect of unique electronic equipment identifiers of mobile wireless communications devices. Main provision The Act focuses on re-programming mobile telephones by changing the ‘unique device identifier’ which is the international equipment identification (IMEI ) number – i.e. the unique serial number of the phone. Offences A person commits an offence if: he changes ...
  • Misrepresentation Act 1967 20/06/2011 Reference: UK/1967/C/7 The Misrepresentation Act 1967 amends the law relating to innocent misrepresentations and amends sections 11 and 35 of the Sale of Goods Act 1893. Misrepresentation Where a person has entered into a contract after a misrepresentation has been made to him, and (a) the misrepresentation has become a term of the contract; or (b) the contract has been performed; (c) or ...
  • Legal Deposit Libraries Act 2003 20/06/2011 The Legal Deposit Libraries Act 2003 makes provision in place of section 15 of the Copyright Act 1911 relating to the deposit of printed and similar publications, including on and off-line publications and makes provision about the use and preservation of material deposited. The Copyright Act 1911 required a copy of every UK print publication to be ...
  • The Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008 20/06/2011 Reference: UK/2008/SI/2986 The Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008 transpose the EU Rome II Regulation into UK law. The EU Regulation deals with applicable law relating to non-contractual obligations, and particularly focuses on where harm has been done through the consumer’s use of information society services. EU regulation The Regulations implement Regulation (EC) No. 864/2007 ...
  • The Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 20/06/2011 Reference: UK/2009/SI/3064 The Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 transpose the EU’s Rome I Regulation which came into operation on 17th December 2009. This instrument lays down uniform choice of law rules in relation to claims in contract. Rome I Regulation The Regulations implement Regulation (EC) 593/2008 of the European Parliament and of the Council ...
  • Insolvency Act 2000 (and 1986) 20/06/2011 The UK Insolvency Acts are part of the laws that deal with corporate governance, albeit at end-of-life for the company concerned.  Insolvency laws provide the framework and the means for dealing with financial failure in the economy and with the misconduct that is often associated with it. The Insolvency Act 1986 relates to company insolvency and winding up ...
  • Human Rights Act 1998 20/06/2011 The Human Rights Act 1998 gives further effect to rights and freedoms guaranteed under the European Convention on Human Rights and makes provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights. Over-interference in a person’s human rights by public authorities and those acting on their behalf is ...
  • The Health and Safety (Display Equipment) Regulations 1992 20/06/2011 Reference: UK/1992/SI/2782 The Health & Safety (Display Equipment) Regulations 1992 require organisations to ensure that visual display units, for example computer screens comply with health and safety rules. These are the regulations that require you to take sufficient breaks when using IT. Display screen equipment directive The Regulations generally give effect as respects to the UK to the substantive provisions of Council ...
  • Gambling Act 2005 20/06/2011 The Gambling Act 2005 (text) sets out rules about the UK’s gambling sector. The Act has 3 main aims: keeping gambling crime free; making sure that gambling is fair and open; and protecting children and vulnerable adults. The Gambling Act 2005 replaces the Gaming Act 1968, the Lotteries & Amusements Act 1976 and certain elements of the Betting, Gaming and Lotteries Act 1963. What ...
  • Theft Act 1968 19/06/2011 Reference: UK/1968/C/60 The Theft Act 1968 revised the law of England and Wales as to theft and similar or associated offences. The Act 1968 was introduced long before the Internet and online business became mainstream but applies to the theft of goods. For example, the theft of computer hardware and software comes within the remit of the Act. Supervision and ...
  • The Stop Now Orders (EC Directive) Regulations 2001 19/06/2011 The Stop Now Order (EC Directive) Regulations 2001 are part of a suite of consumer protection rules that deal with enforcement against the online retailer from a breach of consumer protection legislation. The Stop Now Order (EC Directive) Regulations 2001 (text) implement Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions ...
  • E-business and market making 15/06/2011 Business enabled electronically is an opportunity to improve markets for buying and selling by supporting communication with more potential customers and suppliers, and enhances speed and certainty of determination of prices and volumes Related back to the basic economic Supply and Demand principle, business enabled electronically can also improve transparency of information flow, promote competition and ...
  • Fraud Act 2006 15/06/2011 The Fraud Act 2006 deals with criminal liability for fraud and obtaining services dishonestly. The Act aims to clarify the law, providing law enforcers and prosecutors with a modern and flexible law of fraud. It establishes a new general offence of fraud, which can be committed in three ways: (1) fraud by false representation; (2) fraud by ...
  • The Financial Services (Distance Marketing) Regulations 2004 15/06/2011 The Financial Services (Distance Marketing) Regulations 2004 are similar to The Consumer Protection (Distance Selling) Regulations 2000 concerning the protection of consumers who purchase products and services ‘at a distance’. But these particular regulations cover financial products and services… The Financial Services (Distance Marketing) Regulations 2004 give effect in the United Kingdom to Directive 2002/65/EC of the European ...
  • Financial Services and Markets Act 2000 15/06/2011 The Financial Services and Markets Act 2000 was introduced to maintain market confidence in the UK’s financial system and is therefore a key compliance component in the smooth operation of financial systems… Measures included the creation of a single statutory regulator – the Financial Services Authority (FSA), and the Financial Services Compensation Scheme and the Ombudsman Scheme. ...
  • Patents Act 2004 14/06/2011 The UK Patents Act 2004 amends the law relating to patents, specifically the Patents Act 1977.  The Patents Act 2004 calls for a more supportive framework to help small businesses enforce patent rights and promote innovation. It encourages out-of-court settlement of disputes whilst deterring patent owners from making unreasonable allegations of infringement. The Intellectual Property Office believes that software should ...
  • Extradition Act 2003 14/06/2011 The Extradition Act 2003 makes provision about extradition. The Extradition Act 2003 is receiving greater prominence across online business because of high profile computer hacking cases and the need to bring those accused to justice in the country where the harm is done. Extradition takes place when, at the request of another jurisdiction, a person accused or convicted of a ...
  • Export Control Act 2002 14/06/2011 The Export Control Act 2002 was brought into force on 1 May 2004. The Act is the main UK legislation on export controls on military and dual-use goods. The Export Control Act 2002 replaced the export control powers contained within the Import, Export and Customs Powers (Defence) Act 1939 on strategic export controls. Among other things, the Act also ...
  • Equality Act 2010 14/06/2011 The Equality Act 2010 came into force from October 2010 providing a modern, single legal framework with clear, streamlined law to more effectively tackle disadvantage and discrimination. Digital systems and networks are a medium for carrying out discriminating behaviour within the work place and appropriate measures must be in place to protect the organisation and staff. The Equality ...
  • Enterprise Act 2002 14/06/2011 The Enterprise Act 2002 has wide-ranging implications for businesses and consumers. The Enterprise Act 2002 makes a number of important reforms, which are designed to crack down on abuses that harm customers and fair-trading businesses alike and thus encourage productivity and enterprise… The Act establishes and provides for the functions of the Office of Fair Trading (OFT), the Competition ...
  • Customer service care following e-commerce transactions 11/06/2011 Sellers should have a policy and procedure in place for dealing with post sales customer service which includes any goods and services ordered over the Internet. Manufacturers’ guarantees or warranties (if applicable) must accompany all supplied goods. Sellers should also consider post sales customer support, including how to deal with guarantees. A customer service policy should be ...
  • Returns and refunds following a purchase online 11/06/2011 If the goods are not of satisfactory quality, the customer is entitled to reject them and claim a refund. Consumers are also entitled to a cooling-off period if they purchase goods online. You should therefore put in place a quick and efficient procedure for dealing with customer returns and refunds. Although companies are not obliged ...
  • Delivery of Goods 11/06/2011 Businesses that physically deliver goods to customers should have procedures in place that support Internet orders. The use of barcodes on individual items and radio frequency identification technology RFID at palette level now mean that goods can be tracked throughout the supply chain in real time. This is especially important to provide transparency, especially since one ...
  • Contracts and the Governing Law Clause 11/06/2011 If something goes wrong with a contract, you’ll need to get the issue resolved by referring to the governing law clause contained in the agreement. The first step is always to discuss the situation with the other party. But it’s equally important that the contract already contains clauses which can both clarify the relationship between the ...
  • Electronic Communications Act 2000 11/06/2011 The purpose behind the Electronic Communications Act 2000 (ECA) is to help the UK become the best and safest place to do electronic commerce. The Act builds confidence in the use of electronic communications and creates the legal framework in which online business can thrive. The Act comes in three parts: cryptography service providers; legal recognition of electronic signatures ...
  • The Electronic Commerce (EC Directive) Regulations 2002 11/06/2011 The The Electronic Commerce (EC Directive) Regulations 2002 apply to businesses that sell goods or services to businesses or consumers on the internet, or by email or Standard Messaging Service (SMS). These include text messages; advertising on the internet, or by email or SMS convey or storing electronic content for customers, or providing access to a communications ...
  • Digital Economy Act 2010 11/06/2011 The UK Digital Economy Act 2010 contains new government powers over Internet domain names, material on Channel 4 and independent television networks, radio licensing (including provisions for a radio ‘digital switch-over’) and laws about the classification of video games. The Digital Economy Act 2010 ends with a section that should help libraries loan out audio and e-books. But the ...
  • Contracting Online: Forming the Agreement 10/06/2011 Making sure that your online contract with customers will stand up in court as evidence, if required, is an essential component in the business-customer relationship. A contract which is made via the Internet or by other electronic means is legally binding and enforceable providing that the following four legal conditions are met. This article explains the key ...
  • Standard Terms and Conditions of Sale 10/06/2011 With the supply and purchase of products and services made over the Internet suppliers should provide standard terms and conditions of sale to cover a variety of legal issues setting and to set out the boundaries for the contractual relationship. Before placing an order online the customer must be given the opportunity to read, accept, store ...
  • Broadcasting (Public Services Content) Bill 08/06/2011 The Broadcasting (Public Services Content) Bill is a private member’s bill that aims to define public service content in public service broadcasting. Like most private members bills, it is not high on the list of parliamentary priorities, but nevertheless the bill asks some very poignant questions about public service broadcasting and how it will evolve over ...
  • Defamation Bill 08/06/2011 The Defamation Bill amends the law of defamation. The Bill is primarily concerned with the English civil law of libel and slander (defamation) – the torts which protect a person’s reputation. The common law offences of criminal libel, seditious libel, blasphemous libel, and obscene libel – relics from the Court of Star Chamber – were abolished ...
  • Defamation Act 1996 08/06/2011 The use of online chat rooms, forums and groups is a risky activity and fertile ground for litigation based on defamation laws. Unlike other materials published online, website owners don’t have full control over discussion threads. The Defamation Act 1996 sets out the current defamation regime, although the Act is under review. The Act amends the laws of defamation ...
  • The Data Retention (EC Directive) Regulations 2009 08/06/2011 Reference: UK/2009/SI/859 The Data Retention (EC Directive) Regulations 2009 set out the UK’s regime for retaining communications data for specific purposes which include the prevention and detection of crime and terrorism, economic well-being and national security. The rules directly affect communications services providers. They deploy retention software across their systems and networks to meet both business and regulatory retention ...
  • Regulator increases powers with £2m Ofcom fines 07/06/2011 Ofcom, the communications regulator can now impose up to two million pounds in fines on organisations which fail to comply with an information gathering request, according to new dispute resolution guidelines published today. The dramatic increase in powers reflects the serious view government takes of parties that fail to comply with enforcement authorities. The previous penalty ...
  • Web Security – Basic Principles for the Business 07/06/2011 More and more organisations are now using a website as an integral part of their business strategy with UK statistics* suggesting that just under 80 per cent of companies now have a website presence. However, a website also creates new dangers. Attacks on business-critical information can come from outside – potentially from geographical and legal territories far from home. The risk ...
  • Using a hyperlink on your website 07/06/2011 A hyperlink is a link between connected hypertext on a website. You click on a highlighted hyperlink for quick navigation to the connected hypertext. This article looks at your website’s outbound hyperlinks to a third party website and third party website inbound hyperlinks to yours. Preferably you have set up an agreed relationship between the two websites ...
  • Website accessibility and the law 07/06/2011 Web accessibility for users of all abilities is an ongoing challenge for organisations and their websites. It’s estimated that disabled users spend around £50 million per year online in the UK whilst websites delivering public services need to serve the needs of everyone. Organisations are therefore paying much more attention to ensure that their websites are ...
  • Data Protection and What is Privacy on a Website 07/06/2011 Most corporate websites are designed to collect personal data about users in one form or another. This might include the user completing an online contact form with their personal details, or by the website deploying cookies automatically in order to collect information about the user’s  online browsing habits.  This means that the website must comply with ...
  • Website IP: Rights Over Technical Components 04/06/2011 Websites are full of creative ideas, business branding, software, applications and other valuable assets. They are an investment in time, money, corporate strategy and business objectives. Intellectual property (IP) is a legal concept which refers to creations of the mind for which exclusive rights are recognized. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such ...
  • Online Security – Security Software Contracts 04/06/2011 Online systems and networks are vital organs in today’s successful organisation, a life source for developing products and services, doing business with customers and suppliers, and managing workers. Online security is a priority for all organisations doing business online. If your electronic supply and demand chain is not secure, business partners and customers will go elsewhere for ...
  • IT Contract: Connectivity Contracts 04/06/2011 Organisations connect to the Internet using an ISP (Internet service provider). The robustness and speed of connectivity can both vary geographically depending upon the availability of broadband. Generally-speaking towns and cities have been quick to build a communications infrastructure but rural areas are now benefiting from broadband investment, especially from the UK and EU. Use of ...
  • Domain Name Registration and Cybersquatting 04/06/2011 A carefully chosen, memorable domain name can be a valuable asset and part of the overall corporate brand for many online companies.  So organisations need to ensure they have appropriate rights over their chosen domain name Hosting services now provide you with the chance to purchase your domain name. Make sure that if you are using a ...
  • IT Contract: Systems and Network Infrastructure 04/06/2011 An IT contract forms the basis of any business relationship between the customer and supplier of information technology products and services.  Most organisations now use outside contractors to create, develop and operate their business systems and networks. Cloud computing technology has also enabled organisations to Outsourcing is big business, so it is important that organisations understands the ...
  • The Privacy and Electronic Communications (EC Directive) Regulations 2003 03/06/2011 The Privacy and Electronic Communications (EC Directive) Regulations 2003 are part of a series of laws and regulations that implement the EU telecoms framework into UK law. They deal with a person’s privacy rights when an organisation uses electronic communications to provide products and services to them. The Privacy and Electronic Communications (EC Directive) Regulations 2003 implement Articles 2, ...
  • The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 03/06/2011 The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 – the new ‘cookie law’ – came into force in May 2011. A key change in the cookie law is that website owners must now get the consent of a website user before placing a cookie on their computer or mobile device. The Privacy and Electronic Communications Regulations 2003 – ...
  • The Telecommunications (Lawful Business Practice)(Interception of Communications) Regulations 2000 02/06/2011 The Telecommuncations (Lawful Business Practice) (Interception of Communications) Regulations 2000 (known as the ‘Lawful Business Practice’ Regulations) provide the legal basis which allows organisations to monitor staff emails and other forms of digital communications, including their use of the Internet whilst at work.  Organisations may want to monitor communications for several reasons, including for training and quality ...
  • Criminal Justice and Public Order Act 1994 02/06/2011 The UK Criminal Justice and Public Order Act 1994 amends extends powers to protect children from sexual abuse. The Criminal Justice and Public Order Act 1994 makes further provision in relation to criminal justice (including employment in the prison service); amends or extends the criminal law and powers for preventing crime and enforcing that law; and amends the Video Recordings ...
  • Criminal Justice and Police Act 2001 02/06/2011 The category of communications under the Malicious Communications Act 1988 has been expanded by the Criminal Justice and Police Act 2001 s 42 to cover the sending, delivery or transmission of electronic communications or articles of any description… The new powers of seizure set out in Part 2 of the Criminal Justice and Police Act 2001 are ...
  • Criminal Justice Act 1988 01/06/2011 The Criminal Justice Act 1988 deals with the summary offence of possession of an indecent photograph of a child. The Criminal Justice Act 1988 creates, amongst many others a summary offence of possession of an indecent photograph of a child (section 160). IT managers, HR departments and senior business executives need to ensure appropriate policies and procedures are in place to deal ...
  • What is Copyright? 01/06/2011 Copyright is one of the main types of intellectual property – others include designs, patents and trademarks. Intellectual property allows a person to own things they create in the same way as something physical can be owned. Copyright is the right to prevent others copying or reproducing someone’s work. The main legislation dealing with copyright in ...
  • Courts Act 2003 01/06/2011 The Courts Act 2003 makes provision about the courts and their procedure and practice; judges and magistrates; fines and the enforcement processes of the courts; about periodical payments of damages. Criminal court judges are allowed to order anyone found guilty of ‘serious misconduct’ to pay prosecution or defence costs incurred or wasted as a result. Contempt of court The ...
  • Counter-Terrorism Act 2008 01/06/2011 The UK Counter-Terrorism Act 200 confers further powers to gather and share information for counter-terrorism. The Counter-Terrorism Act 2008 makes further provision about the detention and questioning of terrorist suspects and the prosecution and punishment of terrorist offences; imposes notification requirements on persons convicted of such offences; confers further powers to act against terrorist financing, money laundering and certain other activities; ...
  • Corporate Manslaughter and Corporate Homicide Act 2007 01/06/2011 The UK Corporate Manslaughter and Corporate Homicide Act 2007 creates a new offence of corporate manslaughter in England, Wales and Northern Ireland, and corporate homicide in Scotland. Companies, organisations and government bodies can be prosecuted if they are found to have caused death due to gross corporate health and safety failures. Appropriate systems, policies and processes need to ...
  • Email Integrity, System Security and Email Encryption 31/05/2011 Organisations should take appropriate security measures in order to protect their email servers and networks as well as the information that email messages may contain. After all, they wouldn’t want to be embarrassed or lose business because of their complacency, would they? Data protection legislation also requires organisations to implement operational and management security measures where they ...
  • Consumer Acquis – More Consumer Rights? 30/05/2011 The European Commission is proposing a new Directive on consumer rights which would eventually be implemented across all Member States, including the UK. Known as the ‘consumer acquis’, the aim of the proposals is to simplify, complete and improve the existing consumer protection regulatory framework. The Proposal aims to ensure a high level of consumer protection ...
  • Race Relations Act 1976 27/05/2011 Reference: UK/1976/C/74 Race relations legislation protects discrimination on racial grounds and relations between people of different racial groups. The Race Relations Act 1976 provides the framework legislation upon which further legal instruments have been based and which companies must comply with. Those using IT systems and networks must not send communications or act in a way that would break ...
  • Criminal Justice and Immigration Act 2008 27/05/2011 Under the UK Criminal Justice and Immigration Act 2008 it is an offence to possess extreme pornographic images.   Unfortunately it is conceivable that IT professionals managing networks, abuse teams, and others charged with moderating online services could be exposed to this type of content. Organisations must therefore put in place appropriate procedures to deal with these illegal images found on ...
  • Obscene Publications Acts (1959 & 1964) 27/05/2011 Under the Obscene Publications Acts, it is an offence for organisation to publish an obscene article or to own, possess or control it, including when it is stored electronically and/or the information is transmitted. The Crown Prosecution Service is responsible for bringing allegations concerning obscene publications to court and have set out prosecution guidelines to help ...
  • Protection of Children Act 1978 (and 1999) 27/05/2011 Reference: UK/1978/C/37 The Protection of Children Act 1978 prevents the exploitation of children by making indecent photographs of them and penalises the distribution, showing and advertisement of such indecent photographs. Offences It is an offence under the Protection of Children Act 1978 for a person— (a) to take, or permit to be taken , any indecent photograph of a child or (b) ...
  • Limitation Act 1980 26/05/2011 The UK Limitation Act 1980 consolidates the Limitation Acts 1939 to 1980 and is relevant to IT professionals because of data retention. The Limitation Act 1980 is used as a base-line for retaining hard copy or electronic records – 6 years. Within this time period, you must start most contractual and negligence claims through the civil courts or tribunals. ...
  • Public Interest Disclosure Act 1998 26/05/2011 Reference: UK/1998/C/23 Whistle-blowing is the disclosure by a person, usually an employee in a government agency or private enterprise, to the public or to those in authority, of mismanagement, corruption, illegality, or some other wrongdoing. The Public Interest Disclosure Act 1998 protects any person who makes disclosures of information in the public interest, allowing them to bring action ...
  • The Environmental Information Regulations 2004 25/05/2011 Reference: UK/2004/SI/3391 If you are a public authority you have a legal obligation under The Environmental Information Regulations 2004 to provide information about the environment through an approved publication scheme and in response to requests. What is environmental information? Environmental information includes the state of the elements of the environment, such as air, water, soil, land; emissions and discharges, noise, energy, ...
  • The Reuse of Public Sector Information Regulations 2005 25/05/2011 Reference: UK/2005/SI/1515 The Reuse of Public Sector Information Regulations 2005 establish a minimum set of rules governing the re-use and the practical means of facilitating re-use of existing documents held by UK public sector bodies. EU directive The Reuse of Public Sector Information Regulations 2005 implement the EU Directive 2003/98/EC on the re-use of public sector information and establish ...
  • Official Secrets Act 1989 (and 1911) 25/05/2011 Reference UK/1989/C/6 Under the Official Secrets Act 1989 it is an offence for a Crown servant or government contractor, member of the public or other person to disclose official information in any of the 6 protected categories if the disclosure is made without lawful authority and is damaging to the national interest. Classes of official information The Official Secrets Act ...
  • Public Records Act 1958 25/05/2011 The Public Records Act 1958 deals with the disclosure of public records. The Act places responsibility for the management of public records on departments. Each appoints a departmental record officer who is responsible for the care of all its records (including electronic records). The Public Records Act 1958 (text)  makes provision with respect to public records and the ...
  • Freedom of Information Act 2000 25/05/2011 The Freedom of Information Act 2000 (FOI Act) establishes the disclosure regime for information held by public authorities or by persons providing services for public authorities. The Freedom of Information Act 2000 (Text) also amends the Data Protection Act 1998 and the Public Records Act 1958. The Freedom of Information Act 2000 (Text) only applies to England, Wales and Northern Ireland, with a ...
  • Electronic Personnel Records – Salary Payments 25/05/2011 The authority to pay salaries lies with the personnel department. A central payroll unit usually makes the actual salary payments. The unit must be notified of all changes in individual staff circumstances such as promotions, demotions, part-time and overtime working, transfers and secondments. If pay rates change, for example on account of inflation, the Payroll Unit ...
  • Electronic Personnel Records – Pensioners 25/05/2011 Pensioners have statutory rights that must be observed. It is critical that the organisation keeps appropriate records. Where business functions (and the requisite staff) have been transferred to executive agencies, organisations or the local government, these organisations may have created their own pension funds or schemes. A pension scheme’s archives provide a unique record of past practices, ...
  • Electronic Personnel Records – Employee Retirement 25/05/2011 Employee Retirement covers both retirement at the normal retirement age and early retirement. A person may opt for early retirement for health reasons, to take a different job, to begin a new lifestyle or as part of a retrenchment programme. These different scenarios will have different financial implications for the individual and for the records that need ...
  • Electronic Personnel Records – Death in Service 25/05/2011 Death in service primarily affects next of kin. Widows and widowers may be eligible for pensions or death insurance. Children below the age of majority may be entitled to specific benefits until they reach a specified age. Ex gratia payments may be considered in some circumstances, for example where the death may have been brought about ...
  • Electronic Personnel Records – Staff Redundancy 25/05/2011 Staff redundancy or ‘retrenchment’ has become a significant factor with the economic downturn. New employment legislation is often passed to assist in this process. Good practice requires that schemes to encourage voluntary redundancy should be established and that compulsory redundancy should only be used as a last resort. Where compulsory redundancy is being considered, there should be ...
  • Electronic Personnel Records – Attendance, Annual and Sick Leave 25/05/2011 Systems should be in place to check on attendance, annual leave and sick leave. All of these systems should be monitored by the personnel department and, where necessary, used to promote improved performance in these areas. Continuing poor attendance or abuse of annual leave may result in disciplinary proceedings. Excessive sick leave may result in referring the ...
  • Electronic Personnel Records – Employee Dismissal 25/05/2011 Although an unpleasant task, employee dismissal should be planned in advance to avoid costly legal action and negativity amongst co-workers.  Except in cases of gross misconduct, employee dismissal is usually a matter of last resort. It should have been preceded by an ongoing process of warnings on the one hand and counseling, training and other remedial ...
  • Electronic Personnel Records – Disciplinary Proceedings 25/05/2011 Disciplinary proceedings should conform with employment legislation, but they may also be governed by less formal codes of practice where these exist. For example, there may be a conciliation or arbitration service that promulgates such codes. Disciplinary proceedings may vary from country to country. They will define the action to be taken by whom; they will also ...
  • Electronic Personnel Records – Staff Transfers and Secondments 25/05/2011 Employers often assign their employees to work in their overseas operations as “expatriates” on transfers and secondments. For the relocation to succeed, employers must carefully select suitable candidates, plan the terms of assignments, prepare employees for relocation, manage the assignments and coordinate their conclusion. The goal in preparing for expatriate assignments should be to eliminate surprises ...
  • Electronic Personnel Records – Staff Promotions 25/05/2011 Staff promotions should be based primarily on merit, though seniority may also be a consideration. Sometimes a promotion results in an employee taking on responsibility for managing or overseeing the work of other employees. Decision making authority tends to rise with a promotion as well. Traditionally, candidates for promotion have been required to attend a promotion ...
  • Electronic Personnel Records – Education, Training and Development 25/05/2011 As appropriate, staff should be provided with opportunities for further education, training in new skills and professional development. Where possible, education and training should be carried out in conjunction with the staff member’s particular Forward Job Plan. The personnel department should monitor the results. Comments should be noted on the personnel file and entered in a ...
  • Electronic Personnel Records – Performance Appraisal 25/05/2011 Records of  the performance appraisal are important to the ongoing operational effectiveness and continuing development of the organisation, as well as to the well-being of the individual members of staff. These records provide evidence for the future deployment and promotion of staff as well as information about their current performance. Performance appraisal should be seen in the ...
  • Electronic Personnel Records – Confirmation in Post 25/05/2011 Most, if not all new staff will be subject to a probationary period. At the end of this period, they should be formally confirmed in post, unless their performance has been unsatisfactory. This should not come as a surprise; line management in conjunction with personnel staff should have already provided feedback and support. Where performance has been ...
  • Electronic Personnel Records – Staff Induction and Initial Training 25/05/2011 A new member of staff requires an induction to the job and to the organisation. The time will vary according to the role, from a few hours to several weeks. They will also require initial training – learning the specific skills of the job rather than familiarisation with the organisation. Electronic records management Responsibility for keeping induction and ...
  • Electronic Personnel Records – Staff Appointment 25/05/2011 Before staff appointment, the prospective employee need to agree the organisation’s terms and conditions of service. Depending upon the appointee’s status, this may involve correspondence between personnel and the employing department. Special allowances for accommodation, travel, car and so on may need to be negotiated. Appointees may also have to sign the Official Secrets Act or guarantee of ...
  • Electronic Personnel Records – Special Employment Contracts 25/05/2011 Some staff appointments are made by special employment contracts tailored to the individual’s specific tasks and duties. These can include, for example a director with specific or additional obligations or personnel requiring high-level security clearance. The special employment contract will set down the terms and conditions of the individual’s appointment rather than the organisation’s standard employment ...
  • Personnel Records – Application Forms 25/05/2011 Application forms should be used to obtain personal information from applicants, including full name, address and telephone number, date of birth, sex, disabilities (if any), ethnic origin (or tribe), language spoken and nationality. Applications forms will also gather information about qualifications and career, such as educational qualifications, history of past employers, work duties and experience, reasons ...
  • Electronic Personnel Records – Job Descriptions 25/05/2011 A job description is a document commonly used within all organizations. Job descriptions explain the duties, tasks, responsibilities, and functions of a particular job. Job descriptions are usually developed after conducting a job analysis. A job analysis evaluates a job to determine its functions. Preparing job descriptions involve identifying the main duties, responsibilities and tasks involved ...
  • Electronic Personnel Records – Staff Recruitment 25/05/2011 The purpose of staff recruitment is to acquire the best candidate(s) for the job(s). In some organisations, recruitment is outsourced to recruitment consultancies and head hunters… Electronic records management The recruitment process generates many types of record. Most of these are not needed after the post is filled. The exceptions may be the application form and educational ...
  • Electronic Personnel Records – Staff Policies and Procedures 25/05/2011 All organisations should develop staff policies and procedures which include guidelines for hiring or dismissal, for standards of work, and so on … Many of these policies may be interlinked with other organisational policies and guidelines. These guidelines will usually be codified and consolidated in the form of a personnel manual or in some cases, standing ...
  • It’s all about the invoice! 25/05/2011 Apart from the contract itself the invoice is the most important business document you possess. It is evidence that a transaction has taken place. Attached to the commercial invoice are many legal, regulatory and fiscal requirements. It is against the commercial invoice that a financial reconciliation is made which leads on to determine profit and loss. From ...
  • Transactional Records 25/05/2011 A transaction is an act, or series of acts involving commercial negotiations, e.g. buying and selling, which results in an exchange of legal rights and duties of the participants. Every transaction has three components: (1) transfer of good/service and money, (2) transfer of title which may or may not be accompanied by a transfer of possession, and (3) transfer ...
  • Data Management Principle 10 – Data decisions give benefit to the organisation 24/05/2011 “A spirit and culture of collaboration and the sharing of data, information and knowledge for the greater corporate good should support all data decisions, especially relating to the selection and prioritisation of programmes, projects and their approval points.”  This principle embodies “service above self”. Data decisions made from an enterprise-wide perspective have greater long-term value than ...
  • Data Management Principle 9 – Staff responsibility 24/05/2011 “All departments in the organisation participate in information management decisions are needed to accomplish business objectives. It is staff responsibility” Information users are the key stakeholders in the application of technology to address a business need. In order to ensure information management is aligned with the business, all departmentsor business functions in the organisation must be ...
  • Data Management Principle 8 – Data Non-duplication 24/05/2011 “Development of information services (such as business applications, data warehouses, directory services etc) available across the organisation is preferred over the development of information silos which are only provided to a particular department or group of departments.” Duplication capability is expensive and propagates conflicting data. It also militates against a policy of sustainability in the use of ...
  • Data Management Principle 7 – Standard Data language 24/05/2011 “Data should be defined consistently through the organisation, and the definitions are understandable and available to all users”  Both unstructured and structured data must have a common definition throughout the organisation to enable sharing of data. A common vocabulary will facilitate communications, enable dialogue to be effective and facilitate interoperability of systems. Implications The organisation must establish a common ...
  • Data Management Principle 6 – Data Security 24/05/2011 “Data is trustworthy and is safeguarded from unauthorised access, whether malicious fraudulent or erroneous.” Open sharing of information and the release of information via relevant legislation must be balanced against the need to restrict the availability of classified, proprietary, and sensitive information. Existing laws and regulations require the safeguarding of national security and the privacy of data, ...
  • Data Management Principle 5 – Lawful Data 24/05/2011 “The organisation’s information management processes comply with all relevant laws, policies and regulations.” There are a number of legal requirements that govern the use of data in the course of business. These include data protection, financial reporting and other regulatory reporting. Private companies Establishing trust and confidence between supplier and customer is an essential strategy for competitive organisations. Customers ...
  • Data Management Principle 4 – Data quality is fit for purpose 24/05/2011 “Data quality is acceptable and meets the business need for which it is intended” Data produced and reported must be fit for purpose. That is, of sufficient accuracy and integrity proportional to its use and cost of collection and maintenance. Data is used in all areas of decision-making, operations, planning and performance management in order that the ...
  • The Copyright and Rights in Databases Regulations 1997 24/05/2011 The Copyright and Rights in Databases Regulations 1997 implement the Legal Protection of Databases Directive.  The Directive harmonises the laws of member states relating to the protection of copyright in databases. It also created a new exclusive “sui generis” right for database producers (the ‘database right’), valid for 15 years, to protect their investment of time, money ...
  • Coroners and Justice Act 2009 24/05/2011 The UK Coroners and Justice Act 2009 sets out offences for non-photographic visual depictions of child sex abuse displayed online. The Coroners and Justice Act 2009 makes it illegal to own pornographic pictures depicting under-18s participating in sexual activities, or depictions of sexual activity in the presence of someone under 18. IT professionals need to be aware of the offences ...
  • Copyright Visually Impaired Persons Act 2002 24/05/2011 The UK Copyright Visually Impaired Persons Act 2002 permits, without infringement of copyright, the transfer of copyright works to formats accessible to visually impaired persons. Under the Copyright Visually Impaired Persons Act 2002, single accessible copies may be made for, and distributed to, the blind for their own personal use without a licence. Non-profit and educational bodies can ...
  • The Copyright (Computer Programs) Regulations 1992 24/05/2011 Reference: UK/1992/SI/3233 Under The Copyright (Computer Programs) Regulations 1992, board directors can be prosecuted for permitting the illegal copying of software or its use in their company. Legal protection of computer programs directive The Copyright (Computer Programs) Regulations 1992 implement the provisions of Council Directive No. 91/250/EEC (O.J. No. L122, 17.5.91, page 42) on the legal protection of computer ...
  • Copyright, etc. and Trade Marks (Offences & Enforcement) Act 2002 24/05/2011 UK businesses using unlicensed copies of computer software risk having their equipment seized and could face closure under the Copyright, etc. & Trade Marks (Offences & Enforcement) Act 2002. The Act amends the Copyright, Designs and Patents Act 1988 in respect of criminal offences, search warrants, powers of seizure and orders for forfeiture; and amends the Trade ...
  • Copyright Designs and Patents Act 1988 24/05/2011 The UK Copyright Designs and Patents Act 1988 provides the statutory basis of UK copyright law, including performing rights. The Copyright Designs and Patents Act 1988, also known as the CDPA was introduced to protect investment, time and money by people who create original pieces of work. These include authors, composers and film makers, web and software designers etc. The Copyright Designs ...
  • The Control of Misleading Advertisements Regulations 1988 23/05/2011 Reference: UK/1988/SI/915 The Control of Misleading Advertisements Regulations 1988 requires the Office of Fair Trading to consider complaints about misleading advertisements.The Regulations are designed to protect both consumers and traders from the effects of advertisements that mislead or make unacceptable comparisons. Misleading advertising directive The Control of Misleading Advertisements Regulations 1988 implement Council Directive No. 84/450/EEC relating to misleading ...
  • Consumer Credit Act 2006 23/05/2011 The Consumer Credit Act 2006 amends the Consumer Credit Act 1974 and extends the ombudsman scheme to cover licensees under the Consumer Credit Act 1974. The Consumer Credit Act 2006 aims to extend the scope of the Consumer Credit Act 1974, creates an Ombudsman scheme, and increases the powers of the Office of Fair Trading in relation to ...
  • Consumer Credit Act 1974 23/05/2011 The Consumer Credit Act 1974 establishes a new system for protecting consumers The Consumer Credit Act 1974 is administered by the Director General of Fair Trading (OFT); It provides for the licensing and other control of traders concerned with the provision of credit, or the supply of goods on hire or hire-purchase, and their transactions, in place of ...
  • Computer Misuse Act 1990 23/05/2011 The Computer Misuse Act 1990 makes provision for securing computer material against unauthorised access or modification. The Computer Misuse Act was created to criminalize unauthorized access to computer systems and to discourage the more serious criminals from using a computer to assist in the commission of a criminal offence or from impairing or hindering access to data stored ...
  • Companies Act 2006 23/05/2011 The Companies Act 2006 requires websites and email disclaimers to provide standard information about the nature and incorporation of the company entity… The Companies Act 2006 reforms company law and restates the greater part of the enactments relating to companies; makes other provision relating to companies and other forms of business organisation; makes provision about directors’ disqualification, business names, auditors and ...
  • The Companies (Trading Disclosures) Regulations 2008 23/05/2011 The Companies (Trading Disclosures) Regulations 2008 (text) apply to companies registered in any part of the United Kingdom. The regime is supervised and enforced by UK regulator Companies House The Regulations require companies to disclose business and trading information at certain locations, in company documentation and on company websites. These regulations help companies with an online presence build trust ...
  • Companies (Audit, Investigations and Community Enterprise) Act 2004 23/05/2011 The UK Companies (Audit, Investigations & Community Enterprise) Act 2004 amends the law relating to company auditors and accounts, to the provision that may be made in respect of certain liabilities incurred by a company’s officers, and to company investigations. The Act also makes provision for community interest companies The Act deals with issues on corporate governance, and ...
  • Climate Change Act 2008 23/05/2011 The Climate Change Act sets a target for 2050 for the reduction of targeted greenhouse gas emissions; to provide for a system of carbon budgeting. The Climate Change Act establishes a Committee on Climate Change and confers powers to establish trading schemes for the purpose of limiting greenhouse gas emissions or encouraging activities that reduce such emissions or ...
  • The Civil Jurisdiction and Judgments Order 2001 23/05/2011 The Civil Jurisdiction and Judgments Order 2001 (text) implements the EU’s Brussels I Regulation regarding civil matters. Consumers can now sue foreign suppliers in the consumers’ own country after purchasing goods from their websites… The Civil Jurisdiction and Judgments Order 2001 implements the legislative changes following the introduction of Council Regulation (EC) No. 44/2001 on jurisdiction and ...
  • Civil Evidence Act 1995 23/05/2011 The Civil Evidence Act 1995 provides for the admissibility of hearsay evidence, the proof of certain documentary evidence and the admissibility and proof of official actuarial tables in civil proceedings… The Civil Evidence Act 1995 affects process controls impacting on evidential record-keeping are required to support legal admissibility of evidence, including electronic images and documents, in civil courts. You may ...
  • Civil Contingencies Act 2004 23/05/2011 The Civil Contingencies Act 2004 makes provision about civil contingencies by establishing data-sharing protocols and guidance amongst emergency services and utilities and transport companies, including fixed and mobile telephone service providers in the event of national emergency… The UK government aims to ensure that people are able to go about their business freely and with confidence. The ...
  • Civic Government Scotland Act 1982 23/05/2011 The UK’s Civic Government Scotland Act 1982 is one of a suite of laws dealing with indecent photographs and children. Applicable in Scotland, the Civic Government Scotland Act 1982 has been interpreted to cover computer-related activities & data stored on a computer disk. Any person who downloads images is making photographs under the Act… The Civic Government Scotland Act ...
  • Communications Act 2003 23/05/2011 The Communications Act 2003 provides the UK’s framework for electronic communications (fixed and mobile), and devolves powers upon communications regulator Ofcom. Prosecutors have used Section 127 of the Act recently to deal with the sending of offensive and threatening messages over via social media websites. However, this section only applies to prosecutions for messages sent over ‘public communications ...
  • Children and Young Persons (Harmful Publications) Act 1955 23/05/2011 The UK’s Children and Young Persons (Harmful Publications) Act 1955 prevents the dissemination of certain pictorial publications harmful to children and young persons. Websites and other electronic publications need to take care… The Children and Young Persons (Harmful Publications) Act 1955 prevents the dissemination of certain pictorial publications harmful to children and young persons. The Act applies to books, ...
  • Children Act 2004 23/05/2011 The United Kingdom’s Children Act 2004 establishes sets out children’s services and sets up both a Children’s Commissioner in England and in Wales.  The Children Act 2004 also provides the framework for managing electronic records belonging to vulnerable children as well as data sharing protocols and guidance between health, education and social care professionals. The Children Act 2004 provides the ...
  • Broadcasting Act 1996 23/05/2011 The United Kingdom’s Broadcasting Act 1996 forms part of the UK’s legal framework on electronic communications which includes fixed line, mobile and satellite technologies. The Broadcasting Act 1996 makes new provision about the broadcasting in digital form of television and sound programme services and the broadcasting in that form on television or radio frequencies of other services. The Broadcasting ...
  • Broadcasting Act 1990 23/05/2011 The United Kingdom’s Broadcasting Act 1990 forms part of the UK’s legal framework on electronic communications, and concerns the provision and regulation of independent television and sound programme services and of other services provided on television or radio frequencies… The guiding principle under the Broadcasting Act 1990 was that deregulation would stimulate competition, increase efficiency and widen consumer ...
  • Access to Medical Reports Act 1988 23/05/2011 IT managers handling electronic medical records (EMRs) need to ensure that their systems and networks can deal with access requests and EMR retention requirements… The United Kingdom’s Access to Medical Reports Act 1988 (text) establishes a person’s right of access to reports relating to themselves provided by medical practitioners for employment or insurance purposes. The Access to Medical Reports ...
  • Access to Health Records Act 1990 23/05/2011 The United Kingdom’s Access to Health Records Act 1998 (text) establishes a person’s right to have access to another’s health records. The Act provides the legal framework in which inaccurate records can be corrected. Managers handling health records in both the private and public sectors need to ensure that their computer systems can deal with access requests ...
  • The Audiovisual Media Services (Product Placement) Regulations 2010 23/05/2011 The Audiovisual Media Services (Product Placement) Regulations 2010 (text) insert new provisions into the Broadcasting Act 1990 and the Communications Act 2003, coming into force on 16th April 2010. Regulation 2 inserts paragraph (fa) into section 319(2) of the Communications Act 2003 to include product placement requirements in the standards objectives mentioned in that section… The Audiovisual Media Services (Product ...