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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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Education worker fined £850 following conviction for data protection breach (Magistrates’ Court)

Education worker fined £850 following conviction for data protection breach (Magistrates’ Court)

Data Protection Breach An investigation by the Information Commissioner’s Office (ICO) found that the worker, an apprentice in the schools admissions department took a screenshot of a council spreadsheet concerning children and their eligibility for free school meals. She then sent it to the estranged parent of one of the pupils via Snapchat. The image… Read more »

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A reminder on jurisdiction clauses for cross-border contracts

A reminder on jurisdiction clauses for cross-border contracts

Berrocal v Warner Chappell Music Ltd In October 2017, the Intellectual Property Enterprise Court (IPEC) ruled in Berrocal v Warner Chappell Music Ltd that a governing law clause did not also operate as a jurisdiction clause. The underlying dispute concerned a number of historic song licence agreements. The terms of the agreements included a governing… Read more »

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What should franchise businesses be doing now to be compliant with GDPR by 25 May 2018?

What should franchise businesses be doing now to be compliant with GDPR by 25 May 2018?

It is now less than 6 months until the GDPR comes into force and the level of interest (and perhaps a little perturbation) from our franchise clients is rising. The key concern seems to be with regard to what franchise businesses need to do in order to actively be demonstrating compliance by 25 May next… Read more »

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How would Uber’s data breach be viewed under the GDPR?

How would Uber’s data breach be viewed under the GDPR?

There has been a collective intake of breath in the Paris Smith office as news about Uber’s data breach broke, stating that the breach had exposed the details of 57 million customers and drivers worldwide. In the UK, the figures are believed to be in the region of 2.3 million data subjects affected. Even our… Read more »

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Protecting our IP rights

Protecting our IP rights

(Co-written by Rachel Montgomery, Trainee Solicitor and Laura Trapnell, Partner and Head of Intellectual Property) Protection and ownership of our intellectual property is at the forefront of our minds when initiating new commercial relationships. However, a recent case in the IPEC highlights the importance of continuing to proactively protect our intellectual property as working relationships… Read more »

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Worried about GDPR?  There’s lots of help out there

Worried about GDPR? There’s lots of help out there

Co-written by Claudia Mihai, Trainee Solicitor and Laura Trapnell, Head of Intellectual Property) The GDPR obliges data controllers to demonstrate compliance with the overriding principles behind data protection. With the significant increase in penalties (20m Euro or 4% of an undertaking’s worldwide turnover), businesses are understandably concerned and eager to understand their obligations. But don’t… Read more »

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Paris Smith – Legal Excellence

Paris Smith – Legal Excellence

I am delighted to announce that we passed a rigorous Lexcel assessment in October with ‘flying colours’ and therefore have retained our Lexcel accreditation for another year. During her visit the Assessor, Kate Baker, was particularly impressed with the firm’s high standards and the level of commitment of everyone in the firm. Lexcel stands for… Read more »

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Interesting recent cases in the IP Enterprise Court (IPEC)

Interesting recent cases in the IP Enterprise Court (IPEC)

Several IPEC cases have been of interest recently and we thought you would like to see a summary. In the IPEC, this recent case confirms the underlying trend currently adopted by the courts in awarding very low damages in respect of infringement claims for misuse of photographs online. We act for clients on a regular… Read more »

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GDPR catch-up

GDPR catch-up

It was a busy week in the Commercial IP team last week as the number of clients wanting information about GDPR increases. We ran seminars to the recruitment sector and to our Charity Forum. If you would like to attend one of our future sessions, please email Sandy Waters or visit the training arm on our… Read more »

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Unlawful extraction of personal data by employees – a summary of criminal liability for employee misappropriation of employers’ data

Unlawful extraction of personal data by employees – a summary of criminal liability for employee misappropriation of employers’ data

Last month the Information Commissioner’s Office (ICO) published details of the most recent in a string of prosecutions brought against employees who have unlawfully obtained and/or misused personal data belonging to their employers. Section 55 of the Data Protection Act 1998 makes it a criminal offence for employees to access and disseminate private data contained… Read more »

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Restoring of the trade mark balance in China

Restoring of the trade mark balance in China

It is no secret that China, along with certain other international territories, has a trade mark abuse problem. Counterfeit goods are often sold openly in street markets by counterfeiters protected by Chinese trademark law: a trademark in China is awarded to the first company to file for it, and these companies would not usually be… Read more »

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Changes at the EUIPO from 1 October 2017

Changes at the EUIPO from 1 October 2017

(co-written by Emma Watts (secretary) and Laura Trapnell (partner) Changes at the EUIPO For clients with an EU trade mark, we blog to update you on some of the changes that the EUIPO is implementing from 1 October 2017 onwards. Certification Marks The EU are introducing a new category of marks called Certification Marks. Certification… Read more »

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The Premier League one, online illegal streaming nil

The Premier League one, online illegal streaming nil

As the 2017/18 Premier League season fast approaches, a key development has arisen in the long running copyright infringement and anti-piracy war between the Premier League and illegal streamers of its content and live matches. The Premier League has recently been awarded a UK High Court ‘blocking’ order. The court order permits the Premier League… Read more »

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Criminal prosecutions for copyright infringement – custody for copying?

Criminal prosecutions for copyright infringement – custody for copying?

Copyright Infringement The recent case of R v Wayne Evans [2017] ECWA Crim 139 reinforces the ominous but often overlooked possibility that a copyright infringer may have committed a criminal act attracting a custodial sentence on conviction. The Court of Appeal’s guidance will provide judges with much-needed steerage when sentencing offenders convicted under the Copyright… Read more »

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