GDPR: companies should look beyond passwords, says ICO – OUT-LAW.com

Posted November 7th, 2018 in data protection, EC law, electronic commerce, encryption, news by sally

‘Online service providers should consider alternatives to passwords to keep their systems secure and meet their obligations under data protection laws, the UK’s Information Commissioner’s Office (ICO) has said.’

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OUT-LAW.com, 5th November 2018

Source: www.out-law.com

GDPR: the ‘controller v processor’ debate in financial services – OUT-LAW.com

Posted November 5th, 2018 in banking, codes of practice, contracts, data protection, EC law, news, third parties by sally

‘Lessons can be learned in the financial services sector from the rush to update contracts to account for the General Data Protection Regulation (GDPR) taking effect earlier this year.’

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OUT-LAW.com, 2nd November 2018

Source: www.out-law.com

Government faces new legal challenge over plans to speed up fracking – The Guardian

Posted November 5th, 2018 in EC law, energy, environmental protection, fracking, local government, news, planning by sally

‘The government is facing a fresh legal challenge to its proposals to fast-track new fracking sites by loosening planning regulations.’

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The Guardian, 4th November 2018

Source: www.theguardian.com

How has the EU shaped the UK’s tax landscape – 39 Essex Chambers

Posted November 2nd, 2018 in EC law, news, statutory interpretation, taxation by sally

‘In 1973, when the UK acceded to the EU, the new legal order profoundly affected the interpretation of UK statutes, including tax statues. The infringement procedure has often led to changes in UK law, although not always to the extent initially requested. Corporation tax has become the best-known area of EU influence, with litigation over dividends, tax credits, cross-border tax relief and controlled foreign companies. EU law necessarily governs VAT, although member states are given considerable discretion both by the legislator and the courts. The doctrine of abuse of right derives from the EU legal order but the UK has played a major role in developing it. EU law has affected the activity of tax authorities, the structure of the system of appeals and the permitted structure of taxes, as well as substantive tax law. HMRC has become used to cooperation between tax authorities in the single market, and a role for EU law may arise through the terms of the EU/UK trade agreement, as well as through domestic legislation.’

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39 Essex Chambers, 29th October 2018

Source: www.39essex.com

Tighter regulation of cryptoassets coming in the UK – OUT-LAW.com

‘The regulation of cryptoassets is likely to get tighter in the UK, starting from next year, according to a new report by a body tasked with exploring whether new rules are needed to address their growing popularity.’

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OUT-LAW.com, 31st October 2018

Source: www.out-law.com

BREXIT: UK employers must check EU citizens’ right to work in UK – OUT-LAW.com

Posted November 1st, 2018 in brexit, EC law, employment, freedom of movement, immigration, news, pilot schemes by sally

‘A UK government minister has said the onus will be on employers to ensure that EU citizens have the right to work in the UK after the withdrawal from the EU in March next year.’

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OUT-LAW.com, 1st November 2018

Source: www.out-law.com

The Court of Appeal considers FRAND: Unwired Planet v Huawei – NIPC Law

Posted October 30th, 2018 in appeals, competition, EC law, injunctions, licensing, news, patents by sally

‘FRAND stands for “fair, reasonable and non-discriminatory”. It is an acronym to describe the terms upon which licences should be granted for standard essential patents (“SEPs”). SEPs are patents for inventions that are crucial for compliance with a technical standard. I attempted an introduction to FRAND terms and SEPs in FRAND on 8 Oct 2017. Lord Kitchin gave a much better one in the first five paragraphs of his judgment in Unwired Planet International Ltd and Another v Huawei Technologies Co Ltd and Another [2018] EWCA Civ 2344 (23 Oct 2018).’

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NIPC Law, 28th October 2018

Source: nipclaw.blogspot.com

The right of appeal against refusal of a residence card: the latest developments – UK Human Rights Blog

Posted October 26th, 2018 in appeals, EC law, families, human rights, immigration, news by tracey

‘As discussed previously on the Blog, the rights of the family members of EEA nationals to reside in the UK is currently in a state of flux. One important issue concerns the appeal rights of an “extended family member” of an EEA national.’

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UK Human Rights Blog, 24th October 2018

Source: ukhumanrightsblog.com

Patents: multiple FRAND terms possible, says UK court – OUT-LAW.com

Posted October 24th, 2018 in appeals, competition, EC law, injunctions, licensing, news, patents, telecommunications by tracey

‘It is possible for more than one set of proposed licensing terms for standard-essential patents (SEPs) to be fair, reasonable and non-discriminatory (FRAND), the Court of Appeal in London has said.’

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OUT-LAW.com, 24th October 2018

Source: www.out-law.com

Are You Being Served? Rules On International Service in Family Cases – Family Law Week

‘Sarah Lucy Cooper, barrister, Thomas More Chambers considers the issue of international service in family cases.’

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Family Law Week, 21st October 2018

Source: www.familylawweek.co.uk

UK government reveals transition from EU to UK law for financial instruments – OUT-LAW.com

Posted October 18th, 2018 in brexit, EC law, financial regulation, news by sally

‘The UK’s Financial Conduct Authority (FCA) will be given a set of temporary powers giving it flexibility over the operation of the transparency regime for the EU’s second Markets in Financial Instruments Directive (MiFID II) after Brexit.’

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OUT-LAW.com, 16th October 2018

Source: www.out-law.com

Split Court of Appeal rules detention of asylum seekers unlawful — Part 1 – UK Human Rights Blog

Posted October 18th, 2018 in asylum, detention, EC law, news by sally

‘The Court of Appeal has concluded, by a 2-1 majority, that the detention of five asylum seekers pending their removal to another country where they should first have claimed asylum had been unlawful, and that they were entitled to damages. This article (the first of two) will unpick the reasons behind this legally complex appeal.’

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UK Human Rights Blog, 17th October 2018

Source: ukhumanrightsblog.com

Brexit as a revolution – Law Pod UK

Posted October 18th, 2018 in brexit, diplomats, EC law, podcasts by sally

‘Professor Catherine Barnard has this exclusive interview with Sir Ivan Rogers, the former UK Ambassador to the EU, following his speech to Trinity College Cambridge last week. They discuss the themes of this speech which can be found in full on the Trinity College website.’

Free movement of data – the next big thing? – Technology Law Update

Posted October 17th, 2018 in brexit, codes of practice, data protection, EC law, freedom of movement, news by sally

‘European law makers are planning a big step towards enabling the free flow of non-personal data within EU borders as part of the bloc’s Digital Single Market Strategy.’

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Technology Law Update, 16th October 2018

Source: www.technology-law-blog.co.uk

UK government publishes guidance to support new trade mark laws – OUT-LAW.com

Posted October 5th, 2018 in brexit, documents, EC law, intellectual property, news, time limits, trade marks by tracey

‘The UK government has published documents designed to support the implementation of new trade mark laws, which come into force next year.’

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OUT-LAW.com, 4th October 2018

Source: www.out-law.com

MIB ordered to pay out for injury suffered on private land – Litigation Futures

‘The Motor Insurers Bureau (MIB) has to pay compensation to a man injured by an uninsured vehicle, even though it was on private land, the High Court has ruled.’

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Litigation Futures, 4th October 2018

Source: www.litigationfutures.com

Divorce & Financial Remedy Update, October 2018 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during September 2018.’

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Family Law Week, 2nd October 2018

Source: www.familylawweek.co.uk

Robert Brett Taylor and Adelyn L. M. Wilson: Seeking and Implementing a Referral on Revocability of Article 50 Following Wightman – UK Constitutional Law Association

Posted October 1st, 2018 in brexit, EC law, judicial review, news, referendums, Scotland, treaties by sally

‘The UK is due to leave the EU on 29 March 2019. The British Government’s draft withdrawal agreement – the so-called Chequers Deal or Plan – has been subject to critique on both sides of the Brexit debate within the UK and was largely dismissed as unworkable by EU leaders on 20 September 2018. The following day, Theresa May declared that the burden was then on the EU to devise a plan for Brexit.’

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UK Constitutional Law Association, 26th September 2018

Source: ukconstitutionallaw.org

What happens to trade marks and designs if there’s a no-deal Brexit? – Technology Law Update

Posted September 26th, 2018 in brexit, EC law, news, trade marks by sally

‘The UK Government has published a notice about what will happen in relation to EU trade marks and designs if there is NO DEAL. The Government still regards NO DEAL as unlikely, but there is plenty of political uncertainty in the UK just now.’

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Technology Law Update, 25th September 2018

Source: www.technology-law-blog.co.uk

No-deal Brexit will make it harder to bring foreign criminals to justice, police leader warns – Daily Telegraph

Posted September 19th, 2018 in brexit, criminal justice, criminal records, EC law, news, police, warrants by sally

‘A no-deal Brexitwill make it harder to bring the two Russian agents responsible for the Novichok attack to justice, one of the country’s most senior police officers has said.’

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Daily Telegraph, 18th September 2018

Source: www.telegraph.co.uk