TMT | 01 February 2012

Going into 2012, we’re now a decent enough distance away from September 2008 to know that the world changed and that the next few years will continue to be, well, different or the new normal, depending on your point of view. 2008-09 more or less coincided with the generational shifts that the internet is bringing about hitting the mainstream: the rise of the cloud and social media and the growing maturity of the internet in meeting more and more of the consumer’s requirements.

This year there are two sets of themes for IT law going into 2012. The first, more strategic, set is around the cloud and the internet, two journeys that will continue over the rest of this decade. The second, more tactical, is about the specific policy developments we’ll see in 2012, around data, privacy, intellectual property, e-money, social media in the enterprise and sector-specific regulation of technology. At each level, the legal developments are likely to keep IT lawyers busy.
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Corporate and commercial | 01 December 2011

Following protracted considerations by various parts of the EU legislature, the EU Council of Ministers adopted a new Consumer Rights Directive on 10 October 2011. As can be seen below, the terms 
of this new Consumer Rights Directive 
will have a direct effect on the online operations of traders based in the UK 
and across the EU.
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TMT | 01 November 2011

It seems to be an industry dichotomy: at a time when publishers are closing established development studios – recent casualties Black Rock, Blue Tongue, Kaos and Bizarre spring immediately to mind – the number and value of acquisitions in the sector has never been higher. Farmville creator Zynga has been on a purchasing spree in the run up to its much-anticipated IPO, with commentators suggesting that it has made 16 acquisitions in the last 14 months. Not to be outdone, EA recently acquired Bight Games fresh off its successful $750m (rising to $1.3bn, if you include the potential earn out) play for PopCap Games. [Continue Reading]

TMT | 01 October 2011

It’s been a long time coming, but in April this year the Indian government brought its data privacy rules into line with European requirements.

The recent changes raise a couple of questions for UK businesses:

  • How do they affect transfers of personal data to group companies or suppliers based in India?
  • Will they impact the way in which Indian suppliers provide services?

This note provides a brief overview of the changes and a summary of their impact on UK businesses, by addressing the questions above. [Continue Reading]

TMT | 01 October 2011

Data is increasingly central to many, if not most, sectors: businesses are focusing as never before on protecting and exploiting their own data, and getting access to others’ data that they need on the best terms. This increases pressure in the market place between the data customer/ buyer and the data vendor, and these pressures are starting to play themselves out in more open legal confrontation. [Continue Reading]

TMT | 01 September 2011

Mid-July saw the chill winds of EU infringement procedures blow across much of Europe. The European Commission took first steps in proceedings against twenty EU member states for their failure to fully implement into their national laws new telecoms rules that amend Directive 2002/58/EC (the 2002 Directive) in relation to the use of technologies that store information on internet users, such as cookies1.

Alongside the UK, only Denmark, Estonia, Finland, Ireland, Malta and Sweden were able to bask in the warm glow of having implemented the new rules in full by 25 May 2011. Given the fundamental changes relating to the use of cookies required by the amended directive, meeting the deadline was no mean feat. [Continue Reading]

TMT | 04 July 2011

Streaming video recently overtook peer-to-peer networks to become the largest single category of internet traffic, according to Cisco’s Visual Networking Index.1 This is a key reason why global internet traffic has increased eightfold over the past five years.2 With expected further dramatic increases in data traffic (Cisco estimates that internet traffic will increase fourfold over the next five years3) due to the growth of internet protocol television and 4G mobile services and the emergence of traffic management technologies such as ‘deep packet inspection’, which has increased the ability of network operators to prioritise certain types of traffic, the debate concerning net neutrality is becoming even more prominent. [Continue Reading]

TMT | 04 June 2011

The past fifteen years have seen several cases in the IT sector in which the UK courts have had to consider the enforceability of contract limitations and exclusions under the Unfair Contract Terms Act (UCTA) 1977. The courts’ approach in these cases (starting with the landmark decision in St Albans City and District Council v ICL [1996]) can broadly be characterised as increasingly pro-customer and interventionist. This interventionist method appears to have reached a high watermark with the court’s decision in Pegler Ltd v Wang (UK) Ltd [2000]. Subsequent cases suggest a marked change in the courts’ attitude to enforcing limitations and exclusions, showing a much greater reluctance to intervene in agreements reached between experienced commercial organisations. [Continue Reading]

TMT | 01 April 2011

This is Kemp Little’s first contribution to In-House Lawyer, and the firm is delighted to be involved in the IT, telecommunications and outsourcing area. The first topic, which the firm anticipates returning to in further editions this year, is data law and the ‘data-centric world’. [Continue Reading]