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03/12/2012 Article: Addressing legal risks in your social media strategy

Over the past few years, there has been a rapid increase in the use of social media tools (such as LinkedIn, Twitter and Facebook) as marketing and media channels for businesses and their staff. This has led to some increased legal risks for businesses.

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30/11/2012 Article: First ICO fine for unlawful marketing communications

On 26 November 2012, the Information Commissioner’s Office imposed monetary penalties totalling £440,000 on the owners of Tetrus Telecoms for sending unlawful marketing text messages.

09/11/2012 Article: No ownership of information; so how can you control it?

The recent case of Fairstar Heavy Transport NV v Adkins & Another has re-emphasised that information (in this case, the content of emails) is not in itself property. Therefore, if a business does not have information it needs in its possession, it does not have a right to demand copies from a third party by claiming ownership of the information itself.

08/11/2012 Article: High Court is content with BSkyB using “NOW”

On 2 November 2012, the High Court ruled that BSkyB’s “NOW TV” internet television service does not infringe Starbucks’ and related parties’ rights in relation to use of the term “NOW”.

14/10/2012 Newsflash: OBEP takes on new consultant solicitor

OBEP is pleased to announce that it has just taken on a new consultant solicitor - Yeing-Lang Chong.

28/09/2012 Article: Top tips for data which leaves the office

In the world of data breaches, we frequently see something going wrong when data leaves the safety of an organisation’s office premises. There have been mis-addressed emails sent off into the ether from the comfort of the sender’s desk, envelopes stuffed with the wrong person’s letter, laptops and files taken home and subsequently stolen. These mistakes have resulted in regulatory investigations and monetary penalties of up to £325,000.

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27/07/2012 Article: “now” is the trade mark of their discontent: Starbucks v BSkyB

On 29 June 2012, the High Court gave its judgment in a case relating to use of the trade mark “now”: Starbucks (UK) Ltd (“Starbucks”) v British Sky Broadcasting Group plc (“BSkyB”).

06/07/2012 Newsflash: ICO publishes Annual Report

Yesterday, the Information Commissioner’s Office (“ICO”) published its Annual Report detailing its activities and financial statements for the 12 months to 31 March 2012.

02/07/2012 Article: The proposed Communications Data Bill

Following publication of the draft Communications Data Bill on 14 June (“14/06/2012 Newsflash: Draft Communications Data Bill published”), I have now had the opportunity to read the draft Bill. This article gives an overview of my first impressions.

15/06/2012 Article: Are your website terms enforceable?

A recent judgement of the High Court highlights that website terms may be deemed unenforceable if they fail to form part of a binding contract or are drafted too favourably towards the website provider.

14/06/2012 Newsflash: Draft Communications Data Bill published

The UK Government today published proposed legislation which would require the retention of certain data by communications service providers, and allow access to such data by appropriate authorities for crime detection and prevention.

07/06/2012 Article: Data destruction and data processors: the importance of maintaining control

The Information Commissioner’s Office (“ICO”) has recently imposed its biggest monetary penalty to date - £325,000 - arising from insufficient data destruction and lack of control over service providers.

18/04/2012 Publication: A contractor’s recipe for cookie compliance

Published by Contractor UK (, this article provides practical steps to comply with privacy laws relating to cookies: A contractor’s recipe for cookie compliance.

10/04/2012 Article: Hungry for a copyright battle over Easter

Discusses copyright issues where books and films have similar plots or characters.

28/03/2012 Video: OBEP video

Olivia of OBEP is interviewed by mobilehelpers2u ( about her services and values.

29/02/2012 Article: Software development and intellectual property

Outlines some key legal considerations for software development agreements.

31/01/2012 Article: First draft of a new data protection regime – the proposed EU Regulation

Discussion of the main proposed changes to existing data protection law and potential impacts.

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25/01/2012 Newsflash: EU Commission proposes data protection reform

The EU Commission has today published its proposals for a new data protection legislative package to replace the current regime.

21/01/2012 Article: Cookies: a taste of the new requirements

Discussion of the recent changes to the law requiring consent to be obtained from users to the use of cookies on websites.

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