UK data protection law

UK Data Protection Law: The ICO Asks Some Uncomfortable Questions

We look at recent questions posed by the ICO for consultation

subcontracting

Subcontracting: An Overview and Should you Back-to-Back?

A quick overview on subcontracting from a legal perspective

flexible working

Flexible Working: Estate Agent Awarded £185,000 for Sex Discrimination

We discuss a recent case about flexible working

IDTA

IDTA: One Small Step for Data Protection, One Giant Leap for the UK

The ICO has issued a draft international data transfer agreement for consultation.

liquidated damages clauses

Liquidated Damages Clauses: Supreme Court Overrules on Failed Software Delivery

Liquidated damages clauses are a feature of many contracts. We highlight a recent case.

minority shareholders' discount

Minority Shareholders’ Discount: Meaning of Fair Value

We look at a recent case involving the valuation of a minority shareholders' shares.

Varying a contract

Varying a Contract: Things to Consider

We discuss how to vary a contract and some of the issues that can arise.

Legal checklist for startups

Legal Checklist For Startups – A Quick Guide

This legal checklist for startups is a quick guide for startups who want to know what they should be thinking about from a legal…

ICO Fines Transgender Charity Mermaids

ICO Fines Transgender Charity Mermaids

A quick summary of the recent decision of the ICO to fine a charity for failing to protect the security of personal data

data transfers

Data Transfers: EU Adopts New Model Clauses

The EU has adopted new model clauses for data transfers. We highlight some key points.

employee references

Employee References – A Guided Tour Of Eventful Case Law

Employee references need to be handled with care. This article highlights some cases.

Data Compliance

Data Compliance – Updates You Need To Make To Your Policies

Data compliance is an essential part of everyone’s business. We highlight key changes you should make to your policies.

Ending A Lease

Ending A Lease Of Commercial Property – Legal Aspects

Ending a lease of a commercial property should be handled carefully. We discuss this here.

Managing Data

Managing Data – Software Services And AI Legal

Managing data is an essential part of the operation of a growth business. We discuss this in the context of software services and AI.

Lease Advice

Lease Advice – Keeping The Legal Aspects Simple

Lease advice doesn't need to be complex. We discuss our approach and the importance of keeping it simple.

Systems Integration Contracts

Systems Integration Contracts: Co-op v IBM

We look at systems integration contracts and some of the challenges of using them.

UsedSoft

UsedSoft Today – Software Licencing, SaaS and Brexit

We examine the relevance today of the 2012 case of UsedSoft.

A Day In The Life Of A Paralegal

A Day In The Life Of A Paralegal At EM Law

Our paralegal Charlie Bowles describes a day in the life of a paralegal at EM Law

Draft Adequacy Decisions

Draft Adequacy Decisions: Data Flows EU to UK

We look at the draft adequacy decisions published by the EU to govern personal data flows between the EU and the UK.

E-privacy

E-Privacy – PECR and Brexit

We discuss the latest EU position on E-privacy rules and possible implications for the UK

Space Law

Space Law: The Commercial Space Race Begins

Space Law is unclear and controversial - we provide an overview of the current state of play.

Robot Manufacturing

Robot Manufacturing: Product Liability Law

Robot Manufacturing is a growth industry. This article discusses some of the legal aspects.

Selling A Software Business

Selling a Software Business – Things to Consider

If you are thinking of selling a software business then there are certain things that you need to consider. We provide a quick overview…

Legitimate Interests

Legitimate Interests – Lawful Processing of Personal Data

Legitimate Interests is one of the legal bases that an organisation may rely on to process personal data. Here we explore this concept.

software as a service

Software as a Service (SaaS) – Some Key Aspects

Software as a Service is the main delivery method being used by Start-Up tech providers. We examine SaaS briefly.

International Transfers of Personal Data

International Transfers of Personal Data – What Are The Rules?

International Transfers of Personal Data - what is happening with data transfers now?

Adtech

Adtech – ICO report into adtech and real time bidding

The ICO is resuming its investigation into adtech and real time bidding. We explain what this investigation is about.

Incorporated By Reference

Terms Incorporated by Reference – Contract Law

Terms can be part of a contract even though they aren't set out in the contract if they are referred to in a contract. We explore this…

Agile Software Development

Agile Software Development – A Legal Perspective

"Agile" is a type of methodology commonly used by software developers. This article discusses some legal aspects of Agile.

EMI Share Option Schemes

EMI Share Option Schemes: A Quick Guide

EMI Share Option Schemes are a great way to recruit and retain staff. Check out our brief guide to them here.

UK GDPR

UK GDPR – Data Protection After The Transition Period

UK GDPR and the DP Regulations. Confused? This blog tells you what is happening with data protection laws in the UK now that the transition…

Heads Of Terms

Heads Of Terms For Buying A Company

Heads of Terms set out the commercial deal that the parties have struck. They are commonly used when a business is being bought or sold.

Due Diligence When Buying A Business

Due Diligence When Buying A Business

Before you buy a business you should check that you are getting what you expect. This article is an overview on the due diligence process.

Software Licences

Software Licences – Different Legal Structures

A quick overview of different legal structures for software licences

National Security And Investment Bill

National Security and Investment Bill

The National Security And Investment Bill introduces wide ranging reforms to the Government's powers to scrutinise foreign investment.

Statement Of Objections To Amazon

EC Sends Statement Of Objections To Amazon – Big Data Law

The EC has sent a Statement Of Objections To Amazon as part of its investigation into Amazon's use of big data gathered from retailers

ICO guidance on AI

ICO Guidance On AI Published – AI And Data Protection

The ICO has recently published guidance on AI - this article discusses the key features

Damages for breach of contract

Damages For Breach Of Contract

An article on the law of damages for breach of contract where damages are awarded by a court to compensate for the injured party’s loss.

best endeavours

Best Endeavours And Other Endeavours Clauses

Best endeavours and other endeavours clauses - how are they used?

Legal Protection of Software

Legal Protection Of Software

This blog explores the legal protection of software under UK law focusing mainly on copyright protection.

Open Source Software

Open Source Software – An Overview

This article is an overview of open source software and some of the legal issues arising from its use

Bribery Act

Bribery Act 2010 – Ten Years On

This article takes a brief look at the Bribery Act 2010 and some of its effects 10 years on.

Dealing with redundancy

Dealing With Redundancy

Dealing with redundancy is stressful for both employers and employees. We're here to help.

good faith

Good Faith In English Contracts

This article looks at good faith and how the concept may affect your contract.

Schrems II

Schrems II – EDPB publishes FAQs on judgment

The EDPB has produced a set of FAQ's around the judgment in Schrems II (ending the validity of the EU-US Privacy Shield List)

boilerplate clauses

Boilerplate clauses – what are they?

Boilerplate clauses are often standard, and most are not typically negotiated but they are important and must be handled with care.

EU-US Privacy Shield

EU-US Privacy Shield invalid: Schrems II

The ECJ has ruled that the EU-US Privacy Shield cannot be used as a mechanism to transfer personal data to the US.

AI

AI – Consultation on International Standards  

IOSCO is consulting on new draft guidance to its members on the use of AI.

resale price maintenance

Resale Price Maintenance – Korg Fined

The CMA has fined Korg UK for unlawful resale price maintenance.

GDPR Report

GDPR Report: EU Commission’s First Evaluation of the GDPR

The EU has published a report evaluating GDPR two years since the law came into effect.

Digital Marketing

Digital Marketing – Legal Issues

This article provides some background into the types of digital marketing and some of the legal issues to consider in this context.

Restraint of Trade

Restraint of Trade – Quantum Advisory Ltd

The High Court has decided that the restraint of trade doctrine did not apply in a services agreement entered into in connection with a…

Limiting Liability

Limiting Liability Under a Contract

Limiting liability under a contract is a common thing for suppliers or sellers to want to do - we discuss how to do this.

Excluding liability under a contract

Excluding Liability Under A Contract

A brief commentary on excluding liability under a contract - common practice for suppliers or sellers.

Towergate Financial Commercial Law Firm London

Towergate Financial – Interpretation of Contractual Limitation Period

The High Court has recently considered the correct interpretation of a contractual time limit for notifying indemnity claims under an Share…

Big Data

Big Data – AI and Machine Learning

The use of computers and the internet has allowed unprecedented amounts of data to be collected and used for a variety of ends. Big data…

Wm Morrison Supermarkets plc

Data Breach Claims – Wm Morrison Supermarkets plc

The Supreme Court has decided that a supermarket was not vicariously liable for unauthorised data breaches committed by an employee.

Climate Change Some Legal Perspective

Climate Change – Some Legal Perspective

As climate change regulation increases businesses need to be aware of their new obligations.

Cybersecurity

Cybersecurity – Overview of Some Legal Aspects

Cybersecurity is an area rife with regulation and energetic regulators. Having strong cybersecurity measures in place is an essential part…

AI In Financial Services – Latest Developments

AI in financial services is not new. In fact, financial services was one of the first sectors to deploy Artificial Intelligence at scale.

SaaS Contracts

SaaS Contracts – Things To Look Out For

SaaS contracts are increasingly relevant as SaaS is now the model that most software suppliers are looking to supply through. This article…

COVID-19 Contact Tracing Apps - Privacy Concerns

Contact Tracing Apps – Privacy Concerns

Contact tracing apps are being developed by governments and private enterprises to fight COVID-19. Their design and use however raise…

Smart Contracts Law

Smart Contracts – Legally Enforceable?

This article discusses smart contracts, what they are, how they are used and whether they are enforceable

Blockchain lawyers

Blockchain Usage and Legal Issues

This articles provides a short explanation of how blockchain systems work, why they are used and some of the legal issues.

Cryptoassets Law

Legal Status Of Cryptoassets In The UK

Cryptoassets are often depicted as inhabiting an online wild west. A place where people can thrive off uncertainty and a lack of…

European Representative GDPR

European Representative – GDPR After Brexit

What is a “European Representative” and do you need to appoint one? This article covers the role of the European Representative and…

Web scraping lawyers London

Web Scraping – Legal Issues

Web scraping (or data scraping) is more prevalent than you think. It is estimated that more than 50% of all website visits are for data…

cloud services legal issues

Cloud Services Legal Issues

Cloud services are on the rise – they are highly relevant now and they are the future. In this article we provide a brief overview of some…

COVID-19 Data Protection Issues

COVID-19 Data Protection Issues

COVID-19 data protection issues have left many businesses scrambling to keep on top of their compliance functions. Other businesses are…

Office Lease Lawyers London

The Office Lease – Risks And Opportunities

When negotiating an office lease, the tenant may be dealing with the property industry for the first time. It is then tempting to focus…

COVID-19 force majeure

COVID-19 Force Majeure and Frustration

COVID-19 has sent shockwaves throughout the business world. For some businesses the impact has been severe and they will find it difficult…

Furlough EM Law

COVID-19 Furlough Job Retention Scheme

In this blog we explain what furlough leave is and how the Job Retention Scheme introduced by the Government as a result of COVID-19 can…

COVID-19 Employment Law London EM Law

COVID-19 Employment Law Issues

COVID-19 has put unprecedented pressure on businesses and their staff and has raised various employment law issues. An awareness of…

Commercial law firm London EM Law

Terminating a Contract – Tread Carefully

Terminating a contract may be the way forward especially when the other party has blatantly failed to meet its obligations. But don’t fall…

Statement Of Employment Particulars EM Law London

Statement of Employment Particulars: New Requirements for Employers

A statement of employment particulars is a written form that an employer must give an employee when the employee first starts working for…

InsurTech

InsurTech – Big Data, AI and Web Scraping

While InsurTech is disrupting the traditional means by which insurance products and services are provided and accessed by consumers, it…

EM Law IR 35

IR35 – New Rules

IR35 (also known as the ‘off-payroll working rules’) is legislation that tackles what HMRC regards as ‘disguised employment’. Last Autumn,…

data protection impact assessment

Data Protection Impact Assessment: How To Perform One

Following our blog on whether an organisation needs to perform a data protection impact assessment (DPIA), we now explore EU guidance on…

DPIA

Data Protection Impact Assessment (DPIA): Do You Need One?

A data protection impact assessment (DPIA) is mandatory for some organisations who process personal data and need to be carried out before…

avocats anglais

Faire du Business au Royaume-Uni – Petit guide pratique

Le Royaume-Uni a une longue histoire de commerce avec la France et, malgré le Brexit, reste un endroit attractif pour faire des affaires.

EM Law Unsigned Contract Lawyers London

Unsigned Contract? – it may be binding anyway

An unsigned contract is often thought of as being harmless. It is a common belief that if a written contract is not signed, it cannot…

Restraint of Trade EM Law

Restraint of Trade in Commercial Contracts

Restraint of trade is a complex area of law. The general principle, under English law, is that individuals and organisations should be free…

EM Law Representations and Warranties

Representations and Warranties What’s the Difference?

On the face of it, representations and warranties can appear very similar. However, understanding the difference between the two can have a…

EM Law Liquidated Damages

Liquidated damages – are they payable even when the contractor does not complete the works?

Liquidated damages clauses are often found in construction or software contracts. Due to the nature of these types of contracts, court…

EM Law Breach of Contract Claim

Breach Of Contract What Are We Entitled To?

We sometimes get a call from clients with “there’s been a breach of contract what are we entitled to?”

Contract Lawyers EM Law London

Contract Lawyers – If You Can’t Afford One Then At Least Do This

Contract lawyers aren’t cheap. So if you can’t afford one or if you just want to get some insight into the basics of how to check a…

EM Law Commercial Lease Lawyers London

Commercial Lease – A Quick Guide For Tenants

Our commercial lease lawyers are experts at drafting and negotiating different types of commercial lease. Whether you’re moving into a…

EM Law technology lawyers

Artificial Intelligence – Some Legal Issues

Data processing lies at the heart of AI with AI projects often involving the processing of large amounts of personal data.

Death Of Contra Proferentem Contract Lawyers London

Not The Death Of Contra Proferentem

For years, the contra proferentem rule has been used by the courts for the purposes of contractual interpretation.

EM Law Contract Lawyers London

You want to sign a contract before your company is incorporated? Think again!

When setting up a business you may be eager to get things started and sign a contract as soon as you can. However, due to section 51 of the…

Signing a contract document

Settlement Agreement Lawyers – Help for Employees

Remember, settlement agreements are voluntary. You do not have to enter a settlement agreement and you should be given a reasonable amount…

Selective Distribution Agreements

Selective distribution agreements – a quick guide

Selective distribution is a system in which a supplier agrees to supply only to approved distributors who meet certain minimum criteria.…

EM Law Data Protection

Personal Data Transfers: Transfers Outside The EEA

Personal data transfers happen all the time in every organisation and international transfers happen more than you think. A UK company uses…

EM Law Contract Lawyers

Business Contract Terms (Assignment of Receivables) Regulations 2018

On 24 November 2018, after two previous attempts, the Business Contract Terms (Assignment of Receivables) Regulations 2018 came into force.

EM Law Brexit

Brexit – Protecting Your Business

Brexit. The word sends shivers down the spine! On 14 November 2018 the UK and the EU published a draft agreement on the withdrawal of the…

EM Law SaaS

Software as a service (SaaS)

Ten years ago “software as a service” (SaaS) was virtually unknown. Software was seen as being a product that you would download onto your…

City architecture skyline

Indemnities: What Are They?

Put simply, an indemnity is a promise to pay money on the happening of a specified event. The purpose of an indemnity in a contract is to…

EM Law EMI Option Scheme

Option Scheme (EMI) – Do I qualify for one?

An EMI Option Scheme is one one of the most popular ways to save tax when allocating shares among both employees and companies.

EM Law force majeure

Force Majeure – Not Easy To Rely On

Force majeure clauses are often included in contracts to enable a party to avoid liability for failing to perform where that failure is due…

Privacy Breach EM Law Data Protection

Data Protection – Our First Enquiry About A Privacy Breach

Privacy breach in the context of data protection is still very much a hot topic as we’re now starting to see the effects of individuals…

Dismissing an employee

Dismissing An Employee – be honest!

When dismissing an employee it's almost always better to be honest about the reasons for the dismissal - especially if the employee is a…

London City Jobs Brexit

City Jobs Brexit: Coping with Redundancy

City Jobs Brexit: Brexit remains a cause of significant uncertainty for the UK economy and, especially so, with respect to employment.

Contract for Services EM Law

Contract for Services?

A contract for services is a contract used to appoint a genuinely self-employed individual, such as a consultant, to carry out services for…

Brexit Clauses EM Law

Brexit Clauses – do you need them in your contracts?

What are Brexit clauses? In a nutshell: Brexit clauses enable the parties to a contract to renegotiate or even terminate if things go bad,…

Employee Share Schemes EM Law

Employee Share Schemes: ProShare Research on Attitudes to Employee Share Ownership

Employee share schemes are a means of incentivising staff to benefit from their employment with a business. ProShare has recently conducted…

Warranty Claim Teoco v Aircom EM Law Photo by Kaique Rocha

Share Purchase Agreement Claim Fails Because It Didn’t Follow Contract Procedure – Teoco UK Ltd v Aircom Jersey 4 Ltd & Anor [2018] EWCA Civ 23 (18 January 2018) 

In January the Court of Appeal dismissed an appeal by Teoco UK Ltd following a decision in the High Court leaving Teoco UK Ltd (Teoco)…

EMLaw - GDPR – A brief guide

GDPR Guide EM Law

I have prepared this GDPR Guide ahead of the General Data Protection Regulation (EU) 2016/679 (GDPR) becoming law in the UK on 25 May 2018.

EM Law CAP Codes Photo By Engin Akyurt

CAP Codes and BCAP Codes introduce new rules prohibiting sexual portrayal of under-18s in advertising

The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) is the rule book for non-broadcast advertisements,…

EM Law Retainer Arrangements

Legal Fees: Retainer Arrangements

Retainer arrangements are the best paying arrangements from both a client's and a lawyer's perspective.

EM Law Hourly Rates

Legal Fees: Hourly rate or fixed rate?

Question: should clients have their lawyers charge legal fees by the hour / fixed rate / capped rate / some other mechanism?

EM Law Rawlinson v Brightside

Employment Law Update: Rawlinson v Brightside Group Ltd – False Reason for Dismissal of Employee

A recent case - Rawlinson v Brightside Group Ltd [2017] UKEAT 0142_17_2111 (21 November 2017) - highlights the risks to an employer of not…