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Keen to get CRITICAL PAYMENT systems up QUICKLY after HACK?

Restoring payment systems after disruptive cyber attacks could involve compromising analysis of incidents, says report A new report on cyber resilience in financial market infrastructures has highlighted potential conflicts between legal obligations on the reporting of cyber security or data breaches and the need to restore …
OUT-LAW.COM, 18 Nov 2014
Ryanair

EU Ryanair 'screen-scraping' case could affect biz models

Some price comparison websites and other online businesses could be forced to alter their business models if the EU's highest court takes steps to prevent unauthorised "screen-scraping" of data, an expert has said. The Court of Justice of the EU (CJEU) is due to hear arguments today from Ryanair and a Dutch price comparison …
OUT-LAW.COM, 12 Nov 2014
European Union Flag

Are open Wi-Fi network bods liable for users' copyright badness?

The EU's highest court has been asked to rule on whether commercial providers of free and open Wi-Fi networks can be held liable for copyright infringement carried out without their knowledge by a user of their network. A court in Munich has asked the Court of Justice of the EU (CJEU) to provide it with guidance on how to …
OUT-LAW.COM, 11 Nov 2014
france

How many telecoms firms left in Europe? Another mega-billion deal slated in France

French cable telecoms operator Numericable has won conditional approval for its multi-billion-euro takeover of Vivendi's SFR mobile network operator, paving the way for the firm to close the deal by the end of the year. Reuters reported that France's competition authority said Numericable would have to divest certain assets and …
OUT-LAW.COM, 31 Oct 2014
Nervous girl bites nails

ICO to fine UNBIDDEN MARKETEERS who cause 'ANXIETY'

Businesses that send spam text messages, make nuisance calls or carry out other types of unsolicited direct electronic marketing activity could be fined up to £500,000 if their actions cause "annoyance, inconvenience or anxiety", under new plans unveiled by the UK government. The Department for Culture, Media and Sport (DCMS) …
OUT-LAW.COM, 28 Oct 2014
IBM 5150 PC

Doctors urged to adopt default opt-out approach to care.data scheme

A patients' group has urged doctors to automatically opt their patients out of the new "care.data" scheme until the patients give consent for the disclosure of their medical data. The Patient Concern campaign group said that patient trust in their GPs would be undermined if doctors shared the medical data stored on their systems …
OUT-LAW.COM, 27 Oct 2014
Tubbs from the League of Gentlemen. Illustration by Doeth Gwraig

Warning to those who covet the data of Internet of Precious Things

Data generated by devices in the "internet of things" age should be "regarded and treated as personal data", data protection authorities from across the globe have agreed. The watchdogs said it is "more likely than not" that such data can be attributed to individuals. "Internet of things’ sensor data is high in quantity, …
OUT-LAW.COM, 22 Oct 2014
Airware video

ICO warns UK broadcasters over filming using drones

UK broadcasters have been warned that their use of unmanned drones for filming purposes must adhere to data protection laws. The Information Commissioner's Office (ICO) said that drones "can be highly privacy intrusive" because they can capture images of individuals "unnecessarily". The watchdog said organisations using drones …
OUT-LAW.COM, 21 Oct 2014
Double Facepalm; when one facepalm is not enough.

Don't bother telling people if you lose their data, say Euro bods

Analysis Businesses should not need to notify consumers that their personal data has been lost or stolen if the data has been encrypted, EU ministers have said. Ministers in the Justice and Home Affairs Committee of the EU's Council of Ministers backed the plans as part of a wider partial agreement reached last week on reforms to EU data …
OUT-LAW.COM, 15 Oct 2014
Hyperbolic map of the internet. Credit: Nature Communications

Ofcom: 'White space' tech to support mobile data services in 2015

Updated "White space" wireless technology could be used for mobile data services as early as next year, Ofcom has said. The regulator said that trials of white space technology – which refers to the gaps that exist between radio spectrum bands already in use – will determine whether data can be transmitted using the gaps between radio …
OUT-LAW.COM, 13 Oct 2014
Our Playmobil figure innocently tweeting away at his computer

My employer, comply with data protection law? Don't think so – say 3 in 4 office drones

Less than a quarter of staff at businesses in the UK, France and Germany think their organisation fully complies with data protection laws, according to a new study. Cyber security company Sophos commissioned a survey of 1,500 office workers in the three countries and found that 77 per cent of respondents were not confident that …
OUT-LAW.COM, 03 Oct 2014
Doctor Who meme

UK reforms on private copying and parody come into force

Reforms to UK copyright rules that enable private copying, parodying and general quotation of copyrighted material to take place legally have come into force. The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations and Copyright and Rights in Performances (Quotation and Parody) Regulations were …
OUT-LAW.COM, 02 Oct 2014

Payment security vastly improved when you DON'T ENTER your BANK DETAILS

Developments around "tokenisation" should help to “instil confidence in a payments environment challenged by more frequent data breaches” and fraud, according to a report released by the Federal Reserve Bank of Boston. The June 2014 report from the US Federal Reserve's Mobile Payments Industry Workgroup (MPIW), which was …
OUT-LAW.COM, 30 Sep 2014

EU operators PLEAD for MERCY, may get roaming rates cut ‘reprieve’

Policymakers are set to propose “no change” in wholesale telecoms roaming rates in the EU as part of a review of the system in 2016, according to a report. The Financial Times said it had seen a draft proposal from the Italian presidency of the European Council which indicated “long-fought proposals on roaming and spectrum …
OUT-LAW.COM, 25 Sep 2014
European Union Flag

Will Europe's ISPs unmask anonymous IP infringers?

A debate into whether internet service providers should be able to deliver content over their networks to anonymous internet users has been launched in the EU. The presidency of the Council of Ministers, an EU lawmaking body, said there was a need to clarify whether "due diligence obligations such as 'know your customer' are or …
OUT-LAW.COM, 23 Sep 2014

15 MEEELLION malware-infested mobiles worldwide – report

Incidences of malicious software (malware) being identified on mobile devices rose 17% in the first half of this year, according to a new study. A report by French communications giant Alcatel-Lucent estimated that approximately 15 million mobile devices worldwide could be infected with malware. The report said that the mobile …
OUT-LAW.COM, 09 Sep 2014
Puss considers how to respond to PayPal marketing overtures

What could possibly go wrong? Banks could provide ID assurance for Gov.UK – report

Personal data could be stored by banks and used to verify the identity of individuals that wish to use government digital services, according to a new report. A pilot study undertaken by Lloyds Banking Group found that there is scope for banks to act as identity (ID) assurance providers for online government services (14-page/ …
OUT-LAW.COM, 05 Sep 2014
Spam

Singapore slings £18k fine at text-spam-spaffing biz owner

A Singapore tuition agency and its director have become the first to be prosecuted and fined under the country’s Personal Data Protection Act (PDPA), which came into force on 2 January 2014. Star Zest Home Tuition, and its director, Law Han Wei, were each fined 39,000 Singapore dollars (SGD) (£18,800 $31,100) by the State Courts …
OUT-LAW.COM, 02 Sep 2014
iPhone forensics beaten image

Apple tells devs: NO slurping users' HEALTH for sale to Dark Powers

Apple is expected to unveil new products that will use the latest version of its iOS operating system, including new iPhones, on 9 September. But app developerswill be prevented from making sensitive user data available to third parties using the "HealthKit" platform. This is according to the latest version of the firm's licence …
OUT-LAW.COM, 01 Sep 2014

Euro banks will rip out EVERYTHING and buy proper backend systems ... LOL, fooled ya

European banks are in a "holding pattern" when it comes to integrating the latest technology into their core banking systems, with the majority only carrying out modernisation initiatives when necessary rather than with a view towards long-term transformation, according to a new survey. None of the 27 banks or two financial …
OUT-LAW.COM, 29 Aug 2014

Top beak: UK privacy law may be reconsidered because of social media

The pace of technological change and rise of social media "may make it inevitable" that UK privacy laws need to be revised and updated, the country's most senior judge has said. In a speech at the Hong Kong Foreign Correspondents' Club (nine-page/157KB PDF), Supreme Court president Lord Neuberger said that "astonishing …
OUT-LAW.COM, 28 Aug 2014

Sin COS to tan Windows? Chinese operating system to debut in autumn – report

A home-grown "China operating system" (COS) to challenge rivals such as Microsoft, Google and Apple could be available as soon as October 2014, the country’s state-run Xinhua News Agency has said. According to Xinhua, Chinese Academy of Engineering academician Ni Guangnan told the People's Post and Telecommunications News (PPTN …
OUT-LAW.COM, 26 Aug 2014
workman in high vis jacket bent over, super-imposed on cloud background

Go on, inhale our G-Cloud via 'Digital Marketplace' – UK.gov

Public sector organisations in the UK will be able to buy cloud-based IT products and services from suppliers from a new online platform from the end of the month. The Government Digital Service, which is part of the Cabinet Office, said all "G-Cloud" purchases are likely to be made via the "Digital Marketplace" before the end …
OUT-LAW.COM, 21 Aug 2014
channel_teaser_money_top

Top money men face up to 2 YEARS in slammer for neglecting to spot crim-cash activity

Senior managers at "money service businesses" face up to two years imprisonment and an unlimited fine if their neglect leads to money laundering or terrorist financing activities, HM Revenue & Customs (HMRC) has warned. In new guidance on its supervision of money services businesses under anti-money laundering rules (65-page/ …
OUT-LAW.COM, 18 Aug 2014

Ofcom sees RISE OF THE MACHINE-to-machine cell comms

The number of machine-to-machine (M2M) mobile data connections in the UK increased by nine per cent last year on 2012 figures, UK communications regulator Ofcom has reported. In its annual communications market report (429-page/4.10MB PDF), the regulator said 5.6 million M2M mobile data connections were made in the year ending …
OUT-LAW.COM, 11 Aug 2014

UK.gov eyes up virtual currencies, fingers red tape dispenser

The UK government is to review the trade in virtual currencies to investigate whether it should regulated. Chancellor George Osborne said the review would look into the potential of "alternative payment systems" to boost UK growth and would include an assessment of the need to regulate the use of virtual currencies in …
OUT-LAW.COM, 07 Aug 2014

Evidence during FOI disputes can be provided in SECRET

Public bodies defending a decision to withhold information requested under freedom of information (FOI) laws can submit evidence to an information rights tribunal in secret, the Court of Appeal has ruled. The Court said that tribunal rules allow for closed evidence sessions to be conducted, meaning that neither the FOI requester …
OUT-LAW.COM, 05 Aug 2014
management regulation2

One EURO PATENT COURT ruling for all from 'early 2015'

New EU rules have been created which allow the judgments of new unified patent courts (UPCs) to have legal effect from early 2015. A new EU regulation has been published in the trading bloc's official journal and changes existing laws on the jurisdiction of courts and recognition of their rulings. The changes mean that the …
OUT-LAW.COM, 10 Jun 2014

High court finds Newzbin's 'ops' man liable for copyright infringement

The High Court has found a man liable for copyright infringement carried out on the file-sharing Newzbin websites and ruled that he is also part of a conspiracy to infringe copyrights and defraud film studios. Mr Justice Barling said David Harris was jointly responsible along with his Newzbin Limited business for copyright- …
OUT-LAW.COM, 28 May 2014
medical_doctor_health_channel

Up to 500 GP practices to test plans to share patient data

NHS England will trial its new national pseudonymised patient data collection scheme with "between 100 and 500 GP practices" ahead of the full launch of the programme, it has confirmed. In a letter to healthcare professionals (two-page/50KB PDF), national director for patients and information Tim Kelsey said that a "phased …
OUT-LAW.COM, 30 Apr 2014

Death of data retention directive: What it means for OTHER data laws

The Court of Justice of the European Union (CJEU) on Tuesday declared the Data Retention Directive (DRD) invalid. It has said that the DRD "entails a wide-ranging and particularly serious interference with the fundamental rights to respect for private life and to the protection of personal data, without that interference being …
OUT-LAW.COM, 10 Apr 2014
euros_channel_money

VAT's all folks: Telecoms and services tax to be set at consumer's homeland rate

VAT relating to cross-border business-to-consumer transactions will be charged at the rate in the country where the customer is based, rather than that of the supplier, under new EU rules to take effect in 2015. Explanatory notes on new VAT rules for telecoms, broadcasting and electronic services have been published by the …
OUT-LAW.COM, 08 Apr 2014
money_yen_dollar_pound

Euro trade commish criticises Chinese telecoms subsidies

Chinese government subsidies to its telecoms sector are fundamentally unfair, Europe's top trade official has said - just after he announced that the European Commission has dropped a planned unfair pricing investigation into EU imports of Chinese mobile equipment. European Union trade commissioner Karel De Gucht criticised what …
OUT-LAW.COM, 07 Apr 2014

French firms: You want us to compile DATABASES... of our SECRET information?

Businesses in France are being asked to compile a database of commercially sensitive information that will potentially attract increased interest from cyber criminals. Changes to employment laws in the country will require businesses with more than 50 employees to create a database for worker representatives to be able to access …
OUT-LAW.COM, 04 Apr 2014

UK regulators: We will be CHECKING UP on banks' IT systems

UK regulators are to conduct a review later this year on how banks and building societies are managing the risk of IT outages affecting their business. Details of the review were contained in the Financial Conduct Authority's (FCA's) new business plan (52-page/4.56MB PDF). The FCA will undertake the review together with the Bank …
OUT-LAW.COM, 02 Apr 2014

Snowden leaks made us look twice at cloud suppliers – biz bods

Businesses are conducting more due diligence on cloud suppliers and demanding more localised storage of their data in the wake of reports about US surveillance activities, according to a new survey. One in six businesses are also either delaying or cancelling cloud computing contracts in light of revelations about the alleged …
OUT-LAW.COM, 01 Apr 2014

US to strengthen privacy rights for Euro bods' personal data transfers

The US will take steps before the summer to comprehensively strengthen the "Safe Harbour" framework that helps facilitate some transfers of personal data to the US from the EU. The commitment to improve privacy protections (10-page/445KB PDF) was contained in a joint statement issued on behalf of senior officials from the EU and …
OUT-LAW.COM, 31 Mar 2014

Research bods told: Try to ID anonymised data subjects? No more CASH for you

Medical research funding bodies in the UK may withdraw support for projects where researchers attempt to work out the identity of individuals behind anonymised data without the subjects' permission. Cancer Research UK, the Economic and Social Research Council, the Medical Research Council and the Wellcome Trust said funding …
OUT-LAW.COM, 27 Mar 2014

CHILLING STUDY: Rise of the data-slurping SNITCH GADGETS

Rise of the Machines Sales of telematics devices are expected to increase by more than 1,000 per cent over the next five years, according to a new study. Technology market analysts ABI Research said that 117.8 million "onboard diagnostics (OBD) aftermarket telematics solutions" are expected to be subscribed to in 2019, up from 9.5 million this year …
OUT-LAW.COM, 26 Mar 2014

GSMA: EU net neutrality reforms are the enemy of business

Proposed reforms designed to ensure net neutrality across the European Union will hinder innovation to the detriment of businesses and consumers, according to a leading global mobile operators' association. The GSMA, which represents almost 800 mobile operators worldwide, said that EU proposals to prevent internet service …
OUT-LAW.COM, 25 Mar 2014
management regulation2

EU agrees to make documents available to support anti-cartel suits

Companies and individuals affected by cartel activity in Europe will gain access to vital documents to help sue for damages under new proposals which the European Commission says will ensure they "can obtain the evidence necessary to prove their claims". MEPs and European Council representatives agreed the terms on the proposed …
OUT-LAW.COM, 24 Mar 2014

FORCE gov.uk suppliers to stick to 'open data principles' – MPs

UK government suppliers should be required to adhere to the same "open data principles" as government departments, a committee of MPs has proposed. The House of Commons' Public Administration Select Committee backed calls from UK Information Commissioner Christopher Graham, among others, for greater transparency in the …
OUT-LAW.COM, 20 Mar 2014
gavel_judgment_channel

Samsung wins right to delay UK appeal in Apple dispute

A UK court decision over whether European patents owned by Samsung are valid and have been infringed by its rival Apple has been delayed until other proceedings before the European Patent Office have been concluded. The Court of Appeal granted Samsung's application for a stay of the UK proceedings until the EPO decides whether …
OUT-LAW.COM, 18 Mar 2014
The buttons on a mobile phone glow in the dark

4G auction helped keep mobile networks competitive ... for NOW

The auctioning off of radio spectrum for the delivery of "4G" mobile broadband services did not result in the distortion of competition in the market, a spending watchdog has said. The National Audit Office (NAO) said that the 4G auction run by the UK's telecoms regulator Ofcom last year achieved one of its two main objectives …
OUT-LAW.COM, 14 Mar 2014
Twitter for Mac New

ICO issues guidelines on #FOI #requests through Twitter, Facebook

The Information Commissioner's Office (ICO) has issued new guidelines for public authorities around how they can respond to freedom of information (FOI) requests made via social media. The watchdog confirmed that FOI requests made via messages to accounts operated by public bodies on sites such as Twitter or Facebook can trigger …
OUT-LAW.COM, 11 Mar 2014
Canary Wharf at night

FCA drafts new rules to protect crowdfunders' lenders

Loan-based crowdfunding platforms will be required to hold a certain amount of capital in reserve to mitigate against the risk of their business failing and leaving lenders out of pocket, the UK's Financial Conduct Authority (FCA) has said. The regulator has announced a finalised regulatory regime for crowdfunding platforms (95- …
OUT-LAW.COM, 07 Mar 2014
grab_that_cash

Review of UK data protection: Should fines go OVER HALF A MIL?

The UK government should consider raising the level of fines that the Information Commissioner's Office (ICO) can impose on organisations that breach the Data Protection Act (DPA), an expert has said. Data protection law specialist Kathryn Wynn of Pinsent Masons, the law firm behind Out-Law.com, said that a previous increase in …
OUT-LAW.COM, 06 Mar 2014
money_yen_dollar_pound

Crack Euro banker team to probe whether virtual currencies should be regulated

The European Banking Authority (EBA) will create a taskforce to advise it on whether virtual currencies should be regulated. The watchdog said that the taskforce will be created before July and have the objective of answering the question of whether virtual currencies "can and ought to be regulated". The taskforce will analyse …
OUT-LAW.COM, 04 Mar 2014

Bosses to be banned from forcing new hires to pull personal records

Forthcoming changes to the law will prevent employers, insurers and other organisations from forcing individuals to access personal data held about them by others and reveal the results to the party requesting that information, the data protection watchdog has warned.19 Feb 2014 Changes to the Rehabilitation of Offenders Act, …
OUT-LAW.COM, 21 Feb 2014
euros_channel_money

EU hunts down online cross-border lawbook bureaucra-snaggles

The European Commission is to conduct an "in-depth review" of the risks present in conflicting laws and jurisdictions that apply online. The Commission made the announcement in a new communication it issued last week on internet governance. The Commission identified "a number of contradictory legal decisions" that have been …
OUT-LAW.COM, 19 Feb 2014