Your chance to shape new cyber-security rules – Technology Law Update

Posted August 17th, 2017 in computer crime, consultations, EC law, news, telecommunications by sally

‘Amid the noise about the introduction of data privacy reforms under Europe’s General Data Protection Regulation, the GDPR, less attention has been paid to the Network and Information Systems Directive. The NIS Directive calls on EU member states to introduce cyber-security requirements for “Operators of Essential Services” (OESs), with a less stringent set of obligations for certain groups of “Digital Services Providers” (DSPs).’

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Technology Law Update, 16th August 2017

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

Why a computer could help you get a fair trial – The Guardian

‘Recent research suggests that AI could make a valuable contribution to the judicial process.’

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The Guardian, 13th August 2017

Source: www.theguardian.com

Best Interests and Transfers of Proceedings under Article 15 Brussels II Revised in a Public Law Context – Where are we now? – Family Law Week

Posted August 10th, 2017 in children, custody, EC law, news, Supreme Court, transfer of proceedings, treaties by tracey

‘Maria Wright, PhD Student at the University of Bristol, addresses how courts must now approach Article 15 transfers of public law proceedings in the light of CJEU and Supreme Court judgments.’

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Family Law Week, 9th August 2017

Source: www.familylawweek.co.uk

Why are judges worried about the ECJ’s post-Brexit role? – The Guardian

Posted August 9th, 2017 in EC law, interpretation, judiciary, news, precedent by sally

‘The country’s most senior judge has called for government guidance amid fears over legal precedents and the status of long-running cases.’

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The Guardian, 8th August 2017

Source: www.theguardian.com

Of course judges are worried about Brexit: their position is as clear as mud – The Guardian

Posted August 9th, 2017 in EC law, interpretation, judiciary, news by sally

‘The government must offer some clarity on the judiciary’s relationship to the ECJ – because the Brexit bill itself is ambiguous, and will lead to uncertainty all round.’

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The Guardian, 8th August 2017

Source: www.theguardian.com

Judge calls for clarity on status of ECJ rulings in UK after Brexit – The Guardian

Posted August 8th, 2017 in EC law, judges, judgments, news, parliament, treaties by sally

‘The government must provide clarity on whether it wants UK courts to take into account rulings of the European court of justice after Brexit, one of Britain’s most senior judges has said.’

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The Guardian, 8th August 2017

Source: www.theguardian.com

UK data protection laws to be overhauled – BBC News

Posted August 7th, 2017 in bills, data protection, EC law, news by sally

‘Britons could obtain more control over what happens to personal information under proposals outlined by the government.’

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BBC News, 7th August 2017

Source: www.bbc.co.uk

The dawn of a new era in extradition law? – New Law Journal

Posted August 1st, 2017 in EC law, extradition, news, warrants by sally

‘George Hepburne Scott discusses the death of s 2 arguments & the ‘transient state’ of European Arrest Warrants.’

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New Law Journal, 27th July 2017

Source: www.newlawjournal.co.uk

No 10 says free movement ends when UK leaves EU – BBC News

Posted August 1st, 2017 in EC law, freedom of movement, news by sally

‘Suggestions that freedom of movement will continue after the UK leaves the EU are wrong, Downing Street has said.’

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BBC News, 31st July 2017

Source: www.bbc.co.uk

Data protection: GDPR and employee surveilance – Law Society’s Gazette

Posted July 31st, 2017 in data protection, EC law, employment, investigatory powers, news, privacy by sally

‘At present all employers have to comply with the Data Protection Act 1998 (DPA) when conducting employee surveillance, as they will be gathering and using personal data about living, identifiable individuals (location, movements, internet browsing history and so on). Part 3 of the Information Commissioner’s Office (ICO) Data Protection Employment Practices Code is an important document to follow to avoid DPA breaches. It covers all types of employee surveillance.’

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Law Society's Gazette, 31st July 2017

Source: www.lawgazette.co.uk

Copyright: Primary Infringement – Communicating a Work to the Public – NIPC Law

‘Copyright is defined by s.1 (1) of the Copyright, Designs and Patents Act 1988 (“the CDPA”) as “a property right” which subsists in accordance with Part I of the Act in original artistic, dramatic, literary and musical work, broadcasts, films and sound recordings and typography. A work in which copyright subsists is known as “a copyright work” pursuant to s.1 (2). The owner of a copyright in a copyright work has the exclusive right to do certain acts that are restricted to the copyright owner (see s.2 (1) CDPA). More importantly, the copyright owner has the exclusive right to prevent others from doing those acts which are often referred to as “restricted acts”.’

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NIPC Law, 28th July 2017

Source: nipclaw.blogspot.co.uk

UK litigation ‘cost effective’, LCJ declares – Law Society’s Gazette

Posted July 26th, 2017 in costs, EC law, enforcement, fees, news by sally

‘Litigation costs are more favourable in the UK than elsewhere, the lord chief justice has said, outlining an optimistic view of the UK’s legal reputation post Brexit.’

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Law Society's Gazette, 25th July 2017

Source: www.lawgazette.co.uk

House of Lords launches inquiry into post-Brexit competition policy – OUT-LAW.com

Posted July 26th, 2017 in competition, EC law, inquiries, news, select committees by sally

‘The House of Lords’ EU Internal Market Sub-Committee has launched an inquiry into the implications of Brexit on UK competition policy.’

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OUT-LAW.com, 25th July 2017

Source: www.out-law.com

EU citizenship: all at sea? – New Law Journal

‘Jonathan Kingham explores the UK’s ‘offer’ on residency for EU citizens.’

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New Law Journal, 21st July 2017

Source: www.newlawjournal.co.uk

Council victorious in appeal over sex shop licensing fees – OUT-LAW.com

‘Westminster City Council can recover “reasonable” licensing fees and enforcement costs charged to various sex shops in Soho, London, even though these fees were later found to be in breach of an EU directive, the UK’s highest court has ruled.’

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OUT-LAW.com, 21st July 2017

Source: www.out-law.com

Brexit: what happens to international litigation? – OUP Blog

Posted July 24th, 2017 in agreements, courts, domicile, EC law, enforcement, jurisdiction, news by sally

‘At the present time, a large range of civil proceedings, especially in the commercial area, are governed by an EU measure, the Brussels I Regulation (Recast) of 2012. This applies whenever the defendant is domiciled in another EU country, whenever there is a choice-of-court agreement designating a court in the EU, and whenever an EU Member State has exclusive jurisdiction over a particular matter, for example title to land or registered intellectual-property rights. The Regulation also applies to the recognition and enforcement of judgments between different EU States.’

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OUP Blog, 24th July 2017

Source: blog.oup.com

Daniella Lock: Questions Regarding Judicial Deference in R (Campaign Against the Arms Trade) v Secretary of State for International Trade – UK Constitutional Law Association

Posted July 21st, 2017 in EC law, export controls, news, Saudi Arabia, weapons by tracey

‘Last week, the High Court rejected a claim for judicial review, brought by the NGO “Campaign Against the Arms Trade” against the Secretary of State for International Trade, regarding the exporting of arms to Saudi Arabia. The judges presiding over the case were Lord Justice Burnett and Mr Justice Haddon-Cave. It is argued here that there are several important questions to be asked about the approach to judicial deference taken in this case. They relate to the ‘behind-the-scenes’ role that deference may have played in the judges’ approach to complex factual material in this case, and the extent to which further clarity, as to the treatment of such material in future cases, may be desirable.’

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UK Constitutional Law Association, 20th July 2017

Source: ukconstitutionallaw.org

Jack Simson Caird: The European Union (Withdrawal) Bill: Constitutional Change and Legal Continuity – UK Constitutional Law Association

‘Nine months after Theresa May first announced that there would be a ‘Great Repeal Bill’, and three and a half months after triggering Article 50, the European Union (Withdrawal) Bill (EUW Bill) was published on 13 July 2017. The Bill is a complex mixture of constitutional change and legal continuity. This post highlights some of its main elements.’

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UK Constitutional Law Association, 18th July 2017

Source: ukconstitutionallaw.org

Digital pirates – on a sinking ship? – Law Society’s Gazette

Posted July 19th, 2017 in copyright, EC law, international courts, internet, judgments, news, piracy by sally

‘On 14 June 2017, the Court of Justice of the European Union (CJEU) handed down its long-awaited judgment in Stichting Brein v Ziggo BV (C-610/15), concerning the activities of controversial file-sharing platform The Pirate Bay (TPB).’

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Law Society's Gazette, 17th July 2017

Source: www.lawgazette.co.uk

Proposals to make free movement of data a principle of EU law expected this autumn – OUT-LAW.com

Posted July 19th, 2017 in data protection, EC law, freedom of information, internet, news, speeches by sally

‘The free movement of non-personal data is to be enshrined in EU law, the commissioner for the digital single market Andrus Ansip has said.’

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OUT-LAW.com, 18th July 2017

Source: www.out-law.com