The New POCA Frontier: Bitcoin and Electronic Currency, Shaping Asset Recovery in the 21st Century – Drystone Chambers

‘The question of whether the Proceeds of Crime Act 2002 (POCA) can be used to deal with Bitcoins¹ and electronic currencies has been the subject of some speculation by specialist practitioners recently. In my view it can be utilised, but it is not ideal. I will not deal with the technical difficulties in finding bitcoin accounts; what I will concentrate on in this article is finding the correct legal tools to recover the assets and what other options are available when it does not work.’

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Drystone Chambers, 23rd October 2017

Source: drystone.com

FCA moves to clarify scope of regulation of account information services under PSD2 – OUT-LAW.com

‘Service providers that help other businesses to pool information from different payment accounts on behalf of customers will not be subject to regulation under new UK payment services laws if they do not deliver the aggregated data to the customer themselves, the Financial Conduct Authority (FCA) has confirmed.’

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OUT-LAW.com, 19th September 2017

Source: www.out-law.com

UK cybersecurity standards not implemented by more than a third of critical national infrastructure operators, according to new data – OUT-LAW.com

Posted September 1st, 2017 in computer crime, computer programs, electronic commerce, news by sally

‘More than a third of organisations that operate critical national infrastructure in the UK (39%) have not implemented the UK government’s ’10 steps’ guidance on managing cyber risks, according to a provider of cybersecurity services.’

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OUT-LAW.com, 30th August 2017

Source: www.out-law.com

Cyber threats – a business critical consideration – Technology Law Update

Posted September 1st, 2017 in computer crime, computer programs, electronic commerce, news by sally

‘In addition to the widely-reported WannaCry virus, institutions across the globe were impacted in June 2017 by a second ransomware attack. Apparently introduced via an innocuous-looking tax software product, NotPetya spread rapidly through approximately 12 countries including the UK.’

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Technology Law Update, 31st August 2017

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

A technology top ten for 2017 – Technology Law Update

‘What should we expect in the technology space in 2017?

We take a look at current trends and focus on some of the legal opportunities and pitfalls that they present.’

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Technology Law Update, 6th January 2017

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

A ‘Poke’ in the Eye for Claims against Facebook – Panopticon

‘The “internet has not alone changed our lives but it has also changed our vocabulary. A tablet is no longer made of stone, a bit does not help guide a horse and a cookie is more likely to affect your privacy than alleviate the pangs of hunger between meals!” A lengthy Christmas cracker joke? No, the observations – in excellent ‘Dad-joke’ style – of the Northern Ireland Court of Appeal in CG v Facebook Ireland Ltd & McCloskey (MOR10142) (Morgan LCJ, Gillen & Weatherup LJJ) at [54].’

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Panopticon, 6th January 2017

Source: www.panopticonblog.com

EU ruling should help clarify legitimacy of online platform bans, says UK competition regulator – OUT-LAW.com

Posted November 18th, 2016 in competition, EC law, electronic commerce, internet, news by sally

‘A case before the EU’s highest court should help clarify whether online platform bans should automatically be considered as breaching competition laws, a UK competition regulator has said.’

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OUT-LAW.com, 17th November 2016

Source: www.out-law.com

UK National Cybersecurity Strategy, and trying to predict the future – Technology Law Update

Posted November 18th, 2016 in computer crime, data protection, electronic commerce, news, privacy by sally

‘The UK government has released a National Cybersecurity Strategy for the next five years. It will always be a difficult enterprise to try to predict changes to the threat landscape for the digital economy, even over as short a time span as five years. But there is clearly a pressing need here with cyberattacks regularly in the news. A recent example was an attack on a group of hospitals that put patients at risk for several days.’

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Technology Law Update, 18th November 2016

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

Cyber security for SMEs – taking it seriously – Technology Law Update

Posted October 28th, 2016 in computer crime, electronic commerce, news, small businesses by sally

‘Getting cyber security right is not easy. Even the largest organisations can find themselves in difficulties – as the recent high-profile problems encountered by Yahoo and TalkTalk show. But it is especially challenging for smaller organisations without the headcount or budget to cover every angle in detail. What should you do to give your organisation the best chance of success?’

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Technology Law Update, 27th October 2016

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

Woman sentenced for illegal trade of tiger skins – Crown Prosecution Service

‘A woman has been given a six month suspended prison sentence at Highbury Corner Magistrates’ Court for attempting to sell two tiger skin rugs illegally on eBay in 2014.’

Full press release

Crown Prosecution Service, 30/09/2016

Source: www.cps.gov.uk

Amazon UK found guilty of trying to airmail dangerous goods – The Guardian

Posted September 26th, 2016 in carriage by air, electronic commerce, hazardous substances, news by sally

‘Amazon UK has been found guilty and fined £65,000 for breaking aviation safety laws after repeatedly trying to send dangerous goods by airmail.’

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The Guardian, 23rd September 2016

Source: www.guardian.co.uk

Amazon guilty of shipping dangerous goods to and from UK by air – The Guardian

Posted September 21st, 2016 in carriage by air, electronic commerce, hazardous substances, news by tracey

‘Amazon has been found guilty of shipping dangerous goods by air. The items included lithium-ion batteries and flammable aerosols, which were flown in and out of the UK between January 2014 and June 2015.’

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The Guardian, 20th September 2016

Source: www.guardian.co.uk

Amazon Dash button launch may run into problems with EU law, says expert – OUT-LAW.com

Posted September 5th, 2016 in consumer protection, contracts, EC law, electronic commerce, news, sale of goods by sally

‘Amazon launched its Dash button service in Europe this week, providing users with Wi-Fi connected ‘buttons’ to order products such as toilet paper and washing powder.’

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OUT-LAW.com, 2nd September 2016

Source: www.out-law.com

Online retailer hit with six-figure fine for participation in online cartel – OUT-LAW.com

Posted August 17th, 2016 in competition, electronic commerce, fines, news by sally

‘An online poster and picture frame seller has been handed a six-figure fine by the UK’s main competition authority over its participation in a cartel.’

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OUT-LAW.com, 16th August 2016

Source: www.out-law.com

Court of Appeal ruling ‘provides extra ammunition’ in fight against sale of counterfeit goods online, says expert – OUT-LAW.com

‘A new ruling by the Court of Appeal in London “provides extra ammunition” to brands in their fight against the sale of counterfeit goods online, an expert has said.’

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OUT-LAW.com, 7th July 2016

Source: www.out-law.com

FCA gives green light to use of cloud computing in UK financial services – OUT-LAW.com

Posted July 8th, 2016 in electronic commerce, financial regulation, internet, news by sally

‘Financial services companies operating in the UK can make use of cloud-based services without falling foul of regulatory obligations, the Financial Conduct Authority (FCA) has said. However, firms may be disappointed that some of the guidance is not more specific or prescriptive in some areas, an expert has said.’

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OUT-LAW.com, 8th July 2016

Source: www.out-law.com

Bet365 faces legal action over delay in paying winning punter £54,000 – The Guardian

Posted June 29th, 2016 in electronic commerce, gambling, news by sally

‘Bet365, one of the internet’s biggest bookmakers, is facing legal action from a customer over its failure to transfer a £54,000 balance to her bank account despite repeated requests over a period of months. While refusing to release the backer’s winnings on a series of horse racing bets, Bet365 also told her that she would be restricted to a maximum stake of £1 if she wished to bet with the balance but was welcome to gamble as much as she wished on gaming products, which have a guaranteed margin for the operator.’

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The Guardian, 28th June 2016

Source: www.guardian.co.uk

Government rules that shoppers have the right to buy items online – as it shames major golf club brand – Daily Telegraph

‘Shoppers cannot legally be denied the right to buy goods online, the Government has ruled, as its consumer arm declared a major golfing retailers’ ban on shops selling its products online as unlawful.’

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Daily Telegraph, 9th June 2016

Source: www.telegraph.co.uk

The Consumer Rights Act 2015: New rules for digital content – Henderson Chambers

Posted October 7th, 2015 in consumer protection, contracts, electronic commerce, news, sale of goods by sally

‘The bulk of existing consumer rights legislation was enacted before the rise of the internet. Accordingly, it is hardly surprising that it is silent in relation to defective digital products. As the law stands, the legal status of digital content, particularly whether it can amount to “goods” within the meaning of the Sale of Goods Act 1979, is unclear. With the advent of theConsumer Rights Act 2015 this will all change – the Act introduces a new category of sales contract, namely contracts between a trader and consumer in relation to ‘digital content’ (as distinct from goods or services). The rights and remedies for digital content are found in Part 3 of the Act.’

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Henderson Chambers, 10th September 2015

Source: www.hendersonchambers.co.uk

Blindly Fumbling for Consent: PECR and Optical Express – Panopticon

Posted September 4th, 2015 in electronic commerce, electronic mail, enforcement, news, privacy by sally

‘PECR, long the runt of the information law litter, is beginning to take on a life of its own and, just as importantly, the ICO is beginning to really target spam texters and cold-callers. Recent changes to the enforcement provisions of PECR only assist in this task.’

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Panopticon, 3rd September 2015

Source: www.panopticonblog.com