New UK rules finalised on the re-use of public sector information – OUT-LAW.com

‘Public bodies in the UK must make it easier for businesses to re-use the information they hold from the middle of next month, under new regulations that have been passed by parliament.’
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OUT-LAW.com, 30th June 2015

Source: www.out-law.com

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New code of conduct on data protection for cloud service providers being scrutinised by EU privacy watchdogs – OUT-LAW.com

Posted July 1st, 2015 in data protection, EC law, internet, news, regulations by sally

‘EU privacy watchdogs are assessing a proposed new code of conduct on data protection for cloud service providers that the European Commission hopes will help to boost the uptake of cloud services by EU businesses.’
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OUT-LAW.com, 30th June 2015

Source: www.out-law.com

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Do you copy? UK’s new format-shifting exception found illegal – Technology Law Update

Posted June 30th, 2015 in artistic works, compensation, copyright, EC law, intellectual property, news by sally

‘You buy a CD and makes a copy for use on a portable device, or for storage in a cloud service. That’s allowed isn’t it? Well, it wasn’t strictly legal in the UK until October 2014. That was when the UK introduced a new exception from copyright infringement for personal copies for an individual’s private use. Now the new exception has been found illegal in court and hangs in the balance while the courts and the UK government decide what happens next.’

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Technology Law Update, 26th June 2015

Source: www.technology-law-blog.co.uk

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Regina (Lumsdon and others) v Legal Services Board – WLR Daily

Regina (Lumsdon and others) v Legal Services Board [2015] UKSC 41; [2015] WLR (D) 270

‘The decision of the Legal Services Board to approve the Quality Assurance Scheme for Advocates (“QASA”), introduced by the regulators to assess the performance of criminal advocates in England and Wales, complied with the requirements of article 9 of Parliament and Council Directive 2006/123/EC and regulation 14 of the Provision of Services Regulations 2009 (SI 2009/2999), and was proportionate and lawful.’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk

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Gay couple in fight for equal pension rights – BBC News

‘A gay man has launched a legal bid for his husband to have the same pension rights a wife would have if he was in a heterosexual relationship.’

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BBC News, 29th June 2015

Source: www.bbc.co.uk

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Supreme Court on EU and ECHR proportionality – back to basics – UK Human Rights Blog

‘The Supreme Court has reminded us, in a tour de force by Lord Reed, that there is no such thing as one-stop proportionality. It varies between ECHR and EU law, and the tests of EU proportionality then vary according to the nature of the EU issue in play.’

Full story

UK Human Rights Blog,

Source: www.ukhumanrightsblog.com

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UK private copyright exception ‘unlawful’, rules High Court – OUT-LAW.com

Posted June 23rd, 2015 in compensation, copyright, EC law, intellectual property, news, proportionality by tracey

‘The UK’s private copying regime is “unlawful”, the High Court has ruled.’

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OUT-LAW.com, 19th June 2015

Source: www.out-law.com

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Copying material for private use: is it legal? – UK Human Rights Blog

‘British Academy of Songwriters, Composers and Authors and others, R(on the application of) v Secretary of State for Business, Innovation and Skills and another [2015] EWHC 1723 (Admin). An exception to copyright infringement for private use has failed to survive a challenge in the High Court. But this may not be the end of the story.’

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UK Human Rights Blog, 20th June 0215

Source: www.ukhumanrightsblog.com

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Paul Bernal: Privacy, Surveillance and Brexit…. – UK Constitutional Law Association

An Englishman’s home is his castle, so the old saying goes, and it might be thought that the implication is that the English place a special importance on privacy. The reverse, however, seems to be the case, when the law is considered – for much of the law that provides protection for our privacy, particularly in relation to surveillance, does not originate in the UK but in Europe. With the perfect storm of possible ‘Brexit’ and the potential repeal of the Human Rights Act (HRA), that might leave our privacy in an even more precarious state than it currently is. The so-called ‘British Bill of Rights’ has yet to see the light of day: one of the key questions could be what provision it makes for privacy, particularly in relation to the internet and other forms of communications.
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UK Constitutional Law Association, 18th June 2015

Source: www.ukconstitutionallaw.org

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Frank Wijckmans talk to Law Vox about competition law – OUP Law Vox

Posted June 17th, 2015 in competition, EC law, news, third parties by sally

‘In this podcast competition law expert Frank Wijckmans talks to George Miller about many aspects of competition law. In a wide-ranging discussion they cover definitions and awareness, leniency and fining regimes, and recidivism as well as liability and third party claims. Frank also situates cartels within the broader landscape of EU competition law and discusses how much of priority they are to the authorities.’

Listen

OUP Law Vox, 6th June 2015

Source: www.soundcloud.com/oupacademic

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Why do corporate lawyers need to know about human rights? – Halsbury’s Law Exchange

Posted June 17th, 2015 in EC law, human rights, mergers, news, regulations, United Nations by sally

‘Since the adoption of the UN Guiding Principles on Business and Human Rights in 2011, human rights due diligence requirements are progressively finding their way into hard law, for instance, in reporting and compliance regulations. Examples of recent regulatory developments include the EU Directive on non-financial reporting, the UK Modern Slavery Act 2015, and section 1502 of the US Dodd-Frank Act. Proposals relating to mandatory human rights due diligence have been initiated in the EU, France and Switzerland, and the UN Human Rights Council has now appointed an intergovernmental working group to explore the possibility of a binding treaty on business and human rights.’
Full story

Halsbury’s Law Exchange, 17th June 2015

Source: www.halsburyslawexchange.co.uk

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Dispelling myths about EU law – OUP Blog

Posted June 17th, 2015 in copyright, EC law, intellectual property, news, patents by sally

‘What are the most common myths surrounding the laws of the European Union? We asked two experts, Phil Syrpis and Catherine Seville, to describe and combat some misconceptions. From the Maastricht Treaty to intellectual property law, here are some of the topics they addressed.’

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OUP Blog, 17th June 2015

Source: www.blog.oup.com

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Nestle faces setback in KitKat trademark battle – BBC News

Posted June 12th, 2015 in EC law, food, news, trade marks by sally

‘Confectionery giant Nestle’s attempt to trademark the shape of its four-finger KitKat bar in the UK does not comply with European law, a senior European Court lawyer has said.’

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BBC News, 11th June 2015

Source: www.bbc.co.uk

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Legal challenge against Data Retention and Investigatory Powers Act reaches High Court – OUT-LAW.com

‘A legal challenge fronted by two UK MPs against communications surveillance laws passed last year has reached the High Court.’

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OUT-LAW.com, 4th June 2015

Source: www.out-law.com

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Littlewoods Ltd and others v Revenue and Customs Commissioners (No 2) – WLR Daily

Posted June 3rd, 2015 in appeals, EC law, interest, law reports, restitution, VAT by sally

Littlewoods Ltd and others v Revenue and Customs Commissioners (No 2) [2015] EWCA Civ 515; [2015] WLR (D) 228

‘In accordance with a taxpayer’s rights under European Union law, sections 78 and 80 of the Value Added Tax act 1994 would be disapplied to enable the taxpayer to recover more than simple interest by seeking to recover in restitution the time value of sums which they wrongly paid.’

WLR Daily, 21st May 2015

Source: www.iclr.co.uk

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If You Can’t Stand the Heat – Nearly Legal

Posted June 2nd, 2015 in EC law, energy, news, regulations by sally

‘The Heat Network (Metering and Billing) Regulations 2014 were passed near the end of 2014 by the Government. They have been starting to excite interest after the production of a scoping document in April 2015 which attempts, badly, to explain their application.’

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Nearly Legal, 2nd June 2015

Source: www.nearlylegal.co.uk

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Tobacco companies prepare multi-billion compensation claims over UK plain packaging – Daily Telegraph

Posted May 22nd, 2015 in compensation, EC law, intellectual property, news, smoking, trade marks by sally

‘Tobacco companies are preparing to launch what could be one of the biggest ever legal claims against the British Government for losses as a result of the introduction of plain packaging for cigarettes.’
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Daily Telegraph, 21st May 2015

Source: www.telegraph.co.uk

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The watchdog that would have scrutinised the end of the Human Rights Act just got quietly scrapped – The Independent

Posted May 22nd, 2015 in constitutional reform, EC law, human rights, magna carta, news, parliament by sally

‘The parliamentary committee that scrutinises proposed major constitutional changes been scrapped despite turbulent times ahead of the future of the United Kingdon’s governance.’

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The Independent, 21st May 2015

Source: www.independent.co.uk

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Mosley v Google: RIP – Panopticon

Posted May 19th, 2015 in data protection, EC law, human rights, internet, news, privacy by sally

‘So Max Mosley has done a deal with Google in respect of his claim that Google had breached his rights under the DPA 1998 by refusing to block certain images and videos accessible via the Google search engine (see this FT article which suggests that the settlement also applies to claims brought by Mr Mosley in Germany and France). The settlement of the claim, which follows on from Google’s failed strike out application (discussed further below), leaves unanswered a number of really important questions concerning the application of data protection rights in the online world. Not least, the settlement leaves open the question of the extent to which the so-called ‘right to be forgotten’ can operate so as to force internet search engines, not only to de-index individual URLs on request, but also to block access to the offending data globally (i.e. as ISEs already do, for example, where images of child pornography are identified).’

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Panopticon, 18th May 2015

Source: www.panopticonblog.com

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Anti-vivisection activists win right to legal challenge over how Home Office investigated the care of animals at leading research institution – The Independent

‘Anti-vivisection activists have won the right to a legal challenge over the way the Home Office investigated the care of animals at a leading research institution.’

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The Independent, 17th May 2015

Source: www.independent.co.uk

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