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18/11/2014 Publication: Design and coding are fundamental to app creation, but there are also legal matters to consider

Designing an app? Set clear legal terms from the outset of your project - you’ll save yourself time, money and a lot of headaches in the long run.

Read Olivia’s article “Design and coding are fundamental to app creation, but there are also legal matters to consider” published in issue 243 of the new-look PC Pro, on newsstands now. PC Pro website: pcpro.co.uk


21/10/2014 Article: Surveillance and privacy

Last week, the Information Commissioner’s Office (“ICO”, the UK’s data protection regulator) published its new code of practice (the “Code”) for surveillance cameras and personal information (available at www.ico.org.uk). It replaces the ICO’s previous CCTV code of practice, updating the content to take into account developments in surveillance technologies and practices.


08/10/2014 Publication: Sly data collection: this time it’s personal

Sneaky sign-up processes and a desire to move on can reveal more than you expect. Read Olivia’s column published in the first issue of the new-look PC Pro, on newsstands Thursday 16 October. PC Pro website: pcpro.co.uk


01/10/2014 Newsflash: Copyright: parody, private use and quotations

Significant changes to copyright infringement rules came into force today. Individuals and organisations can now undertake additional activities without risking copyright infringement. These exceptions to infringement are permitted under EU law, but had not previously been implemented in the UK.


15/07/2014 Article: ICO publishes annual report 2013/2014

On 15 July 2014, the ICO launched its annual report, containing details of its activities and financial statements between April 2013 and March 2014. This year’s report is entitled ‘Effective, efficient – and busier than ever’.


24/06/2014 Article: Express yourself Part 2 – fiduciary duties and good faith

The recent case of Fujitsu Services Ltd v IBM United Kingdom Ltd has emphasised the need for contracting parties to take time and care over the wording used in the contract, ensuring the practical impacts have been thought through and the intention expressed clearly. In ordinary circumstances, the courts will accept that the parties have “meant what they said”.

This is the second in a series of two articles considering this case, looking at whether a fiduciary duty can arise in a services relationship and how a duty of good faith may be expressed in the contract.

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30/05/2014 Article: Searching against a name – the EU Google judgment

A recent ruling of the EU Court of Justice determined that individuals have a right to object to and require removal of out of date or irrelevant links within results of online searches against their name. However, this does not create a blanket right of removal, as the right is dependent on the circumstances, and there remain practical difficulties in its application and enforcement. Further, it does not mean individuals can necessarily require the removal of accurate information on the website to which a link leads.

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09/05/2014 Article: Express yourself – excluding liability within a services agreement

The recent case of Fujitsu Services Ltd v IBM United Kingdom Ltd has emphasised the need for contracting parties to take time and care over the wording used in the contract, ensuring the practical impacts have been thought through and the intention expressed clearly. In ordinary circumstances, the courts will accept that the parties have “meant what they said”.

This is the first in a series of two articles considering this case, looking at clauses which seek to exclude and limit liability within a contract for the supply of services.

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07/05/2014 Article: Own-it intellectual property articles

Own-it provides guidance on intellectual property matters to the creative sector. Own-it is assisted by other organisations, including BPP Law School Pro Bono Centre. From time to time I supervise students of BPP Law School to provide guidance to organisations on particular issues, or to write articles and factsheets on topics of interest.


22/04/2014 Publication: Apps and Privacy Part 3: app-ropriate security and retention

In the third and final article in this series on software applications, Olivia Whitcroft, principal of OBEP, considers how to keep apps and their data secure, and reminds app providers that user data should not be retained indefinitely.


18/03/2014 Publication: Apps and Privacy Part 2: playing a part

One app in its time makes many parts. In the second article in a series on software applications, I consider the range of parties involved in creating and managing an app and their roles in addressing data protection and privacy concerns.


04/03/2014 Article: Linking to this article is permitted

The recent case of Nils Svensson and Others v Retriever Sverige AB determined that a hyperlink from one website to a news article on another website does constitute a ‘communication to the public’ of that article. However, a link will only infringe copyright in the article if it makes the article available to a ‘new public’, previously unauthorised by the copyright holder.


06/02/2014 Publication: Apps and Privacy: App-lying the rules and App-easing the users

In the first of a series of articles for PDP Journals examining data protection and privacy issues associated with software applications, I discuss the extent of data collected by apps and how to ensure consumers understand how their data is being used.


08/01/2014 Article: Developing privacy into mobile applications

On 19 December 2013, the Information Commissioner’s Office published guidance on privacy issues for mobile applications. It is stated as being aimed at app developers, but is useful reading for anyone involved in designing, creating or providing apps or using the associated data.

This article discusses some key privacy and data protection considerations for mobile applications, including recommendations within the ICO Guidance.