Brexit, Copyright and Liminality
Laurence Kaye considers the likely impact on the UK of the proposals from the EU Commission for a new Copyright Directive…
Privacy & Data Protection
McFadden: Free Wifi, Liability and Passwords
The operator of a shop who offers a wi-fi network free of charge to the public is not liable for copyright infringements committed by users of that network. However, the CJEU suggests that an operator may be required to password-protect its network in order to bring an end to, or prevent, such infringements….
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Book Review: Celebrity and Royal Privacy, the Media and the Law
Laurence Eastham reviews Professor Robin Callender Smith’s book, published by Sweet & Maxwell in December 2015 (ISBN: 9780414050877, £175, 563 pp)…
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TVCatchup Case: A-G’s Opinion on Cable and Copyright
The questions referred by the Court of Appeal in ITV Broadcasting Ltd & Ors v TVCatchup Ltd & Ors are now the subject of an Opinion from and Advocate General…
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Hyperlinking Judgment from CJEU
According to the CJEU, ‘financial gain’ is the key differentiator when seeking to determine whether hyperlinking to material that is hosted in breach of copyright makes the poster of the link liable. If there is financial gain, knowledge of the breach is to be presumed. Where there is knowledge, there is liability….
EU and Canada PNR Agreement Invalid
The proposed agreement for the exchange of passenger name record data between the EU and Canada has been described as incompatible with EU fundamental rights by Advocate General Mengozzi as it is currently drafted…
VKI v Amazon: Governing Law
Robert Bond considers a recent CJEU judgment that considered governing law clauses in consumer contracts and gave further guidance on the meaning of ‘establishment’ in the data protection context…
Honouring the Breach
A recent appeal against a monetary penalty notice shows the need to recognise a data breach where the duty to notify applies…
Editorial
This issue has a special focus on algorithms, government and the law which I hope will awaken an interest in the topic among SCL members. I am very grateful to John Danaher and Rónán Kennedy for their help in producing these articles, which arise from a seminar organised by Galway University. For reasons of space…
GDPR and the ICO: Influenced or Independent?
Tim Turner looks at the strange shift in the ICO’s position on the GDPR which seems to raise important questions about the Information Commissioner’s independence….
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