Cyber security: the human element | Herbert Smith Freehills

Naive or disgruntled employees frequently pose the greatest risk to cyber security and, more widely, protection of confidential information.

Navigating the minefield of data export | Irwin Mitchell

European businesses have always needed to tread carefully in relation to exporting personal data outside the European Economic Area (EEA). This has never been more true than recently when data export became the biggest issue in data protection. The cat was set among the pigeons in October 2015 when the European Court of Justice (ECJ)invalidated …

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Contracting for cyber security risks for customers | Kemp Little

Cyber security is a business imperative, and the reason is simple: the impact of a security breach can be severe. Any approach to cyber security must address each group that has access to the systems and data of a business, such as its customers, providers, affiliates and employees. This article is focused on the cyber …

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EU trade marks: when is the right time for a face lift? | Locke Lord

It appears that the right time for a face lift is when the spirit needs a nuance of rejuvenation and the elements for doing so are all to hand. Similarly, as a brand is the face of an organisation the time for a ‘face lift’ of a business organisation is when opportunities present themselves and …

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Commercial dispute resolution clauses: be amicable or be friendly? | Pinsent Masons

Where an agreement has an alternative dispute resolution (ADR) clause, it frequently has either a simple ADR clause or ‘escalation’ clauses (sometimes called ‘tiered’ or ‘stepped’ clauses). Then, where a commercial dispute arises, the parties to such an agreement are usually required to try to negotiate a settlement to the dispute. This could involve a …

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Antitrust treatment of online advertising markets | Shearman & Sterling

As online advertising continues its rapid growth, online ad revenues become an ever more important opportunity (and/or threat) for many TMT businesses. How these growing markets are treated by antitrust agencies can be critical to strategy – either in terms of M&A or defending business models from the actions of other market participants. This article …

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The Bărbulescu case and employee monitoring: all the sordid details | Technology Law Alliance

A recent judgment of the European Court of Human Rights attracted an unusual amount of media attention. The decision in Bărbulescu v Romania [2016] in January concerned the tension between an employer’s right to monitor the activities of staff in the workplace, and an employee’s right to privacy. Many of the press reports that followed …

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The Digital Content Directive: draft in haste and repent at leisure | TLT

The Digital Content Directive (the Directive) being pushed through by the Dutch EU presidency could have a significant impact on UK businesses supplying digital content. The Directive is part of the Digital Single Market Initiative. There are also draft directives on copyright law, geo-blocking and the online sale of goods. But the Digital Content Directive …

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Passion plays

Working long hours, expected to be available at all hours, and labelled a cost-centre. Such are the pressures of life in-house. The days of commerce and industry as a softer option for lawyers than the toil of the law firm associate track are rapidly drawing to a close.

Straight to the source

Twenty years ago the idea of any person instructing the Bar other than a private practice solicitor was frowned upon. Although as qualified solicitors in-house counsel always had the right to instruct barristers, convention dictated private practice lawyers acted as gatekeepers of the Bar for companies seeking advice on litigation. But, as the rules have …

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