Commercial and Technology Update - Autumn 2018

Commercial and Technology Update - Autumn 2018

Welcome to the Commercial and Technology Update - an e-bulletin from the Commercial team at S&B, containing news about recent and topical developments in commercial, trading and technology law.

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  1. Here's looking at .EU - The potential effect of Brexit on .eu domain names

    Technology Law from the Commercial, Technology and Media teams at Stevens & Bolton The European Commission recently issued a notice outlining the potential consequences that Brexit could have on the 300,000 .eu domain names registered in the UK and used... Read more
  2. Electronic signatures are 'signatures' in-deed

    In a consultation paper released last week (for a digestible summary, see here ) the Law Commission provisionally concluded that: an electronic signature can meet a statutory requirement for a document to be “signed” (so long as the... Read more
  3. Yes you can have a website blocking order, but it will cost you

    In a decision which will interest Internet Service Providers (ISPs) and owners of trade marks, the Supreme Court has recently handed down its judgement in the case of Cartier International AG and others v British Telecommunications Plc and another (2018). ... Read more
  4. The Geoblocking Regulation - what businesses need to know

    The so-called Geoblocking Regulation (full title- Regulation (EU) 2018/302 of the European Parliament and the Council on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or... Read more
  5. Using Technology to diversify your retail business

    Diversification to manage risk has to be an essential tool for any retailer in the current difficult trading conditions. Nicola Broadhurst and Angelica Lovell cover ways to use technology to diversify and enhance retail businesses in their recent article in Essential RetailRead more

  6. Data protection post brexit

    The Department for Digital, Culture, Media & Sport (DCMS) has published a technical notice on data protection if there is no Brexit deal . The notice sets outs that if the UK leaves the EU in March 2019 without an agreement with the EU in respect of... Read more
  7. ECJ holds that administrator of a fan page hosted on a social network is a "controller" for the purposes of the EU Data Protection Directive

    The European Court of Justice (ECJ) has held than an administrator of a Facebook fan page was a controller, and was therefore jointly responsible with Facebook Ireland for the processing of that data.   Background A German company that was a... Read more
  8. Latest data protection guidance

    Various guidance has been released in recent months including: by the European Data Protection Board in relation to transferring personal data outside the EEA under a GDPR derogation; guidance from the Article 29 Working Party on transparency and consent; and guidance from the Information Commissioner’s Office on legitimate interests.

  9. Google at this - another record fine for the tech company

    The European Commission has levied another record breaking fine on Google.  In July this year the European Commission fined the company €4.34 billion. It follows a fine on the company of €2.42 billion in June 2017 for allegedly abusing its... Read more
  10. Wait a minute Mr Postman - Royal Mail fined £50m for breach of competition law

    The UK’s communications regulator Ofcom has issued a decision finding that Royal Mail breached competition law and has fined the company £50m.  This is the highest fine imposed by a sector regulator with competition powers and is the first... Read more
  11. 'No oral modification' clauses are binding - Supreme Court

    In Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24, the Supreme Court  held that a contract containing a provision that “all variations to this licence must be agreed, set out in writing and signed on behalf of... Read more
  12. UK High Court holds that an entire agreement clause excludes liability for misrepresentation

    Key takeaway An entire agreement clause may operate to exclude a claim for statutory misrepresentation even in the absence of a non-reliance provision. However it depends upon the drafting in question. So far as loan documentation is concerned, lenders and... Read more
  13. High Court upholds clause excluding liability for loss of profits and leaves suffering party with no remedy

    The recent case of Motortrak Ltd v FCA Australia Pty Ltd [2018] EWHC 990 (Comm) served as a useful reminder of the importance of context when the court is deciding whether or not to give effect to a clause limiting a party's liability under a... Read more
  14. Influencer marketing: Competition and Markets Authority investigation

    The Competition and Markets Authority (CMA) recently launched an investigation into concerns that social media stars are not properly declaring when they have been paid, or otherwise rewarded, to endorse goods or services. Such endorsements are referred to... Read more
  15. Duty to Report on payment practices legislation: a round table discussion

    With Duty to Report in effect now for just over a year, Oliver Kidd recently joined a discussion panel organised by SAP Concur on the impact of this legislation, and what could be coming next, as summarised in this article. Read more

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