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IT/IP Blog articles

Have you paid your data protection fee?

Have you paid your data protection fee?

The ICO is cracking down on companies who have not paid their data protection fee The GDPR is now firmly embedded in UK law and since May 2018 there have been an increasing number of reports of investigations by the ICO into data breaches and inappropriate use of personal data by companies across the country…. Read more »

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Publishing Contracts

Publishing Contracts

What are publishing contracts and how do they work? A publishing contract (also known as a publishing agreement or publisher’s agreement) is a legal contract whereby an author grants a publisher the right to sell or otherwise commercially exploit the author’s work. The author usually receives a royalty payment (i.e. a commission on every sale)… Read more »

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5 steps for a successful IP strategy

5 steps for a successful IP strategy

Why should a company have an IP strategy? Recently we were delighted to contribute this expertise on IP strategy to a recent intellectual property supplement in The Times. Business value Intellectual Property (IP)  makes up a significant proportion of a business’s value. An IP strategy puts a legal framework around what are often intangible assets… Read more »

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Dixons data breach fine. What can businesses learn from this case?

Dixons data breach fine. What can businesses learn from this case?

What can we learn from this case and what precautions should businesses be taking to avoid any data breaches and subsequent fines? The news has recently reported that Dixons Carphone has been fined £500,000 for massive data breach. The ICO deemed that there were ‘systemic failures’ found in the retailer’s management and protection of customer… Read more »

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Design copyright dispute fails for Kylie Minogue

Design copyright dispute fails for Kylie Minogue

(This blog has been co-written by Sophie Dipper, Trainee Solicitor and Laura Trapnell, Head of IP) In the interesting world of IP disputes, a design copyright dispute relating to two celebrity bedding ranges has caught our eye. The dispute, between “Kylie Minogue at Home” and “By Caprice” has recently been dismissed by the Intellectual Property… Read more »

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The right to be forgotten

The right to be forgotten

Google wins landmark case establishing that this right does not extend outside of the EU On Tuesday this week, the ECJ delivered its judgment in a case between Google and the French privacy regulator CNIL. The judgment clarified that an individual’s right to erasure of personal data, the so called ‘right to be forgotten’, only… Read more »

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Subject access request timescales – New guidance from the ICO

Subject access request timescales – New guidance from the ICO

The ICO has updated its guidance around how long an organisation has to respond to a subject access request (SAR) following a Court of Justice of the European Union (CJEU) ruling. The guidance previously stated that SARs must be responded to within one calendar month, with the day after receipt counting as ‘day one’. This… Read more »

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Subject access requests on behalf of third parties

Subject access requests on behalf of third parties

Please send me all personal information relating to my fiancée….. Whilst I was on holiday last week, the BBC news app ran a story by a young data researcher who had contacted 83 UK and US companies to ask for copies of his fiancée’s personal data under the General Data Protection Regulation. The fiancée had… Read more »

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A week of record fines from the ICO for Marriott and British Airways and, in the US, Facebook.

A week of record fines from the ICO for Marriott and British Airways and, in the US, Facebook.

The General Data Protection Regulation (GDPR) came into force last year and was the biggest shake-up to data privacy in 20 years. Upon its implementation, the maximum fines increased from £500K to £17.2m or 4% of global turnover, which ever is the higher. This increased threat was enough to make us all sit up and… Read more »

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British Intellectual Property day

British Intellectual Property day

My IPO blog tells me that today is British Intellectual Property day – the day when we should be celebrating innovation and taking a moment to consider all the Intellectual Property that we are generating within our business. We all know that IP is valuable and of strategic importance to any business, regardless of its… Read more »

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GDPR : One year on

GDPR : One year on

A year has passed since the enactment of the GDPR on 25th May 2019. So how have we fared, have we all weathered the storm? We found real divergence in the way that businesses prepared for GDPR – some businesses were compliant well in advance of the deadline and others thought they would wait and… Read more »

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What happens to my .EU domain after Brexit?

What happens to my .EU domain after Brexit?

EURid is the registry manager for .eu domain names. On 24 January 2019 EURid published a notice explaining the implications of Brexit on .eu domains registered with the GB (Great Britain) and GI (Gibraltar) country codes. The changes are necessary because .eu domains can only be held by registrants within the EEA (which the UK may… Read more »

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How does Brexit affect my EU trade mark?

How does Brexit affect my EU trade mark?

We are not yet certain whether Brexit will happen on 29th March 2019 or whether Article 50 will be extended, but one thing is certain – however and whenever the UK leaves the EU, there will be an impact on EU trade marks. There are currently three Brexit scenarios: An agreed ‘withdrawal agreement’ with the… Read more »

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How a ‘no deal’ Brexit scenario affects transfers of personal data

How a ‘no deal’ Brexit scenario affects transfers of personal data

The Information Commissioner publishes practical advice As we all know, the GDPR came into force in May last year and it required us all actively to consider the manner in which we deal with personal data. One of the focus points is how we transfer personal data to companies outside of the EEA and the… Read more »

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Transfer of personal data between the EU and Japan

Transfer of personal data between the EU and Japan

It has long been a source of intrigue that the transfer of personal data to some ‘third countries’ such as Japan has not yet been deemed adequate by the EU. Article 45 of the General Data Protection Regulation ((EU) 2016/679) permits transfers of personal data to a third country or an international organisation where the… Read more »

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Google receives record €50 million fine for data protection law breaches

Google receives record €50 million fine for data protection law breaches

At the start of this week, CNIL (the French equivalent of the UK’s Information Commissioner’s Office) fined Google LLC €50million (around £43million). The decision followed complaints coordinated by privacy organisations None of your business (Noyb) and La Quadrature du Net. The complaints alleged that Google was processing personal data without a valid legal basis. Google’s… Read more »

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As an employer are you liable for deliberate data breaches by employees?

As an employer are you liable for deliberate data breaches by employees?

Summary The Court of Appeal has this month upheld the decision of the High Court, agreeing that Morrisons are vicariously liable for the actions of one of their employees who disclosed payroll details of other employees, affecting around 100,000 colleagues. The case is the first data leak class action in the UK. Worryingly for employers,… Read more »

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ICO publishes new guidance on encryption

ICO publishes new guidance on encryption

The ICO has recently published official guidance on the use of encryption as an appropriate technical measure to protect personal data. Article 5(1)(f) of the GDPR (known as the ‘security principle’) states that personal data shall be: “Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful… Read more »

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Data Processing by Charities

Data Processing by Charities

New ICO report identifies common areas for improvement Recently the UK’s data protection regulator, the Information Commissioner’s Office (ICO), published its findings following a targeted review of eight charitable organisations’ data processing activities. In its report, the ICO identified areas of good practice as well as common opportunities for improvement. The ICO noted that the… Read more »

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Copyright infringement in music

Copyright infringement in music

If you listen to The Secret Sound on radio Solent in the mornings, you may have thought “I know that tune” only to find that after the great reveal, it was a different song altogether. Music often reminds us of other tunes and it remains in our subconscious for far longer than we might think…. Read more »

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GDPR comes into force today!

GDPR comes into force today!

GDPR Starts Today (25th May) It’s finally here and would you believe it, the world is still spinning! It hasn’t all come to a grinding halt after all. GDPR was all over the radio this morning (including our own interview on radio Solent) and it was interesting listening to Elizabeth Denham this morning on BBC… Read more »

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GDPR Update

GDPR Update

Demonstrating compliance With less than two weeks to go, this blog focuses on your Compliance Folder. As you are aware, GDPR requires us to demonstrate our compliance, rather than assume compliance. One of the ways that we can demonstrate compliance is to prepare our compliance folder – by doing this, we will understand the personal… Read more »

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GDPR – Are you ready to demonstrate compliance?

GDPR – Are you ready to demonstrate compliance?

With under a month to go now before GDPR comes into force on 25th May 2018, we are busy helping clients with their compliance. GDPR requires us all to demonstrate our compliance rather than assuming it in the absence of any complaint or fines. In order to demonstrate our compliance there are various actions that… Read more »

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GDPR Focus – The right to be forgotten comes to court again

GDPR Focus – The right to be forgotten comes to court again

The Right to be Forgotten As our biggest change in data protection law in 20 years (the General Data Protection Regulation) comes ever closer, it is interesting to read the judgments of two recent cases concerning the ‘right to be forgotten‘. The right to be forgotten is one of the rights that we, as data… Read more »

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Preparing for the GDPR

12 steps to take now

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10 steps to compliance

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Key facts

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Trade marks

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IT Contracts

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Data protection and freedom of information

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