Learning to Trust Cloud Computing
Bridget Treacy analyses how over-regulation and concern over data privacy may keep the cloud from rising high…
Commerce, Contracts & Finance
Shoring-up Escrow: Precautions against Software Supplier Insolvency
Renzo Marchini sounds a timely warning about the need to put in place one, admittedly shaky, piece of protection against supplier insolvency…
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Severability Latest and an Implied Duty to Warn
Paul Gershlick analyses an important recent case. In J Murphy & Sons Limited v Johnston Precast Limited, the Regus severability approach was followed and a novel implied contract term which has major implications for IT contracts appears to be recognised: an ongoing implied duty to warn….
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Behavioural Targeting of Online Advertisements and the Future of Data Protection
Andrea M. Matwyshyn covers the issues surrounding behavioural targeting, such as offered by Neubad in the USA and Phorm in the UK. The requirement for consent in data protection terms and the possible need for international harmonization are among the topics she discusses. This article arises from a presentation at the SCL Forum held in September 2008 ‘Legislating for Web 2.0 – Preparing for the Communications Act?’…
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Policies for Intermediary Immunity
Chris Reed considers the development of intermediary immunity, changes in technology and social use that bring it into question and the balancing exercise involved in the formulation of a new policy. Most tellingly, he puts forward a suggestion for the future of the immunity and reforms of the legislation that created it. This article arises from a presentation at the SCL Forum held in September 2008 ‘Legislating for Web 2.0 – Preparing for the Communications Act?’…
Towards an (Electronic) Communications Act 2011
Jean-Jacques Sahel, writing purely in a personal capacity, considers the approach which should underpin any legislation on electronic communications and argues that the extraordinary nature of the Internet requires a principles-based approach to inform legislation rather than narrow sectoral regulation. This article arises from a presentation at the SCL Forum held in September 2008 ‘Legislating for Web 2.0 – Preparing for the Communications Act?’…
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Clean Technology: The White Knight Sector
CMS partners Paul Sheridan and Ian Stevens explain how the move towards a low carbon economy could have an impact on business valuations similar in scale to the credit crunch….
Predictions 2009: One That Got Away
Paul Longhurst’s carefully considered predictions somehow disappeared into the ether, but deserve a proper audience. Read his predictions for IT developments in the law firm in 2009….
Privacy Notices Code of Practice Consultation
The ICO has launched a public consultation prior to publishing a Privacy Notices Code of Practice….
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Multi-sourcing: Panacea or Pandora’s Box?
Anthony Sourgnes looks at what multi-sourcing is, and at its main advantages and disadvantages….