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Brent Spiner signed photo saying 'Big Data'

Use of big data can lead to 'harmful exclusion, discrimination' – FTC

Businesses should take steps to avoid causing "harmful exclusion or discrimination" when using aggregated consumer data that they have analysed, a US regulator has said. In a new report the Federal Trade Commission called on companies to check how representative their data sets are, whether their "data model" takes account of …
OUT-LAW.COM, 08 Jan 2016

The Network and Information Security Directive – who is in and who is out?

New cyber security laws agreed on by EU law makers in early December are set to impact on a large number of businesses. Political agreement on the draft Network and Information Security (NIS) Directive, which could still be amended, was reached by MEPs and representatives of EU  governments in early December. It means the path …
OUT-LAW.COM, 07 Jan 2016
Samsung UHD TV with Christmas tree

Dust off those White Space devices: New rules finalised by Ofcom

New UK regulations are set to come into force at the end of this year to allow telecoms providers to use special devices to provide wireless data services via "white space" - licensed portions of radio spectrum which remain unused locally. The Wireless Telegraphy (White Space Devices) (Exemption) Regulations will come into …
OUT-LAW.COM, 04 Jan 2016

EU privacy watchdog calls for new controls on surveillance tech export

EU controls on the export of technologies that can be used for communications surveillance and interception should be enhanced, the European Data Protection Supervisor (EDPS) has said. EDPS Giovanni Buttarelli highlighted the risks of surveillance and interception technologies being misused (16-page / 1.12MB PDF) in a recently …
OUT-LAW.COM, 25 Dec 2015
IBM 26 on/off switch by cc 2.0 attribution generic

Firms must ensure shared service suppliers have 'sufficient financial resources'

Banks, building societies and investment firms must ensure that technology companies providing critical shared services have "sufficient financial resources" to overcome financial problems, a UK regulator has said. The Prudential Regulation Authority (PRA) said that before they outsource critical shared services firms must …
OUT-LAW.COM, 24 Dec 2015

Apple and Samsung team up with UnionPay to target Chinese market

Apple and UnionPay have agreed a partnership to bring Apple Pay, which allows payments from Apple products using near-field communication technology, to the Chinese market in early 2016 after "tests and certification" by Chinese regulators. The China UnionPay bank card network operates China's national inter-bank clearing and …
OUT-LAW.COM, 23 Dec 2015

EU reforms could pave way for smells and noises to be trade-mark protected – expert

Reforms to EU trade mark laws finalised soon could open the way for non-conventional trade marks to be registered, like smells, noises and even music, an expert has said. The European Parliament backed a new directive designed to "approximate" the different national trade mark laws (70-page/538KB PDF), and a new regulation …
OUT-LAW.COM, 21 Dec 2015
£10 notes. Pic: Howard Lake

New data porting rules mustn't overburden businesses with costs, says UK minister

Rules designed to enable consumers to move their data from one platform to another should not be so costly to comply with that they serve as a "barrier to entry" into markets, the UK's parliamentary under-secretary of state for the Department for Business, Innovation has said. Baroness Neville-Rolfe said that the planned new …
OUT-LAW.COM, 16 Dec 2015

New gear needed to capture net connection records, say ISPs

Communication providers will need to invest in new equipment if they are to capture people's internet connection records (ICRs) and comply with planned new UK surveillance laws, three major UK internet service providers (ISPs) have said. Under the Investigatory Powers Bill, proposed by the UK government in November, …
OUT-LAW.COM, 15 Dec 2015
Crop of doctor with pen and clipboard

Expert welcomes UK’s digital health recommendations

New recommendations made to the UK government over how to encourage greater use of technology in the NHS in England can help health bodies meet challenging budget constraints and deliver more convenience for patients, an expert has claimed. Expert in digital health Matthew Godfrey-Faussett of Pinsent Masons, the law firm …
OUT-LAW.COM, 14 Dec 2015

EU governments reach agreement on passenger name data

The Council of the EU has reached agreement with the European Parliament on a proposal for the transfer of passenger name data (PNR) from airlines to EU countries. PNR data can include any personal information collected during bookings for flights, including home addresses, mobile phone numbers, frequent flyer information, …
OUT-LAW.COM, 09 Dec 2015
Array in a rack. Image via Shutterstock

Most businesses collecting data they never use, survey finds

Most companies in the UK, France and Germany collect data they never use, according to a new survey. Data storage providers Pure Storage said a survey of 308 IT decision makers across the three countries in July that it commissioned found that 72% of organisations "have gathered data that was not used later on". The survey …
OUT-LAW.COM, 07 Dec 2015
£10 notes. Pic: Howard Lake

Bank fined £1m after outsourcing faults led to improper transfers

The Prudential Regulatory Authority (PRA) has fined a bank more than £1 million after finding that faults with its outsourcing arrangements helped rogue employees at a third party service provider to move money out of its bank accounts without its knowledge or consent and put the bank's own financial health at risk. Faults in …
OUT-LAW.COM, 03 Dec 2015
Patent for a saluting hat

Patent litigation in Europe will look very different in 5 years' time – expert

Patent litigation in Europe in five years will look very different from now owing to major reforms to the patent framework and a new wave of technology relevant to wearables and the "internet of things". It is likely that more companies will choose to settle patent disputes through arbitration. At the same time, we can expect …
OUT-LAW.COM, 30 Nov 2015

EU privacy watchdog calls for more ‘processing of personal data’ transparency

Businesses should provide people with an "opt out" right to object to the processing of their personal data when they make an assessment that consent is not necessary as part of a big data project, an EU privacy watchdog has said. European Data Protection Supervisor (EDPS) Giovanni Buttarelli said, though, that "more efforts …
OUT-LAW.COM, 30 Nov 2015
Gunther Oettinger, EU digital commissioner. Pic: Jennifer Baker

EU copyright reforms to be 'gradual, balanced and targeted', says Ansip

EU copyright laws will not be overhauled completely but rather reformed in a gradual, balanced and targeted way, EU commissioner for the digital single market Andrus Ansip has said. Proposed changes to EU copyright laws will be set out in a "strategy paper" next month, Ansip said. In a speech in Strasbourg he revealed some of …
OUT-LAW.COM, 27 Nov 2015
BT Openreach at work

BT rebuked for attributing some EE acquisition costs to 'all UK lines of business'

Telecoms giant BT has been rebuked by the UK's industry regulator for attributing some of the "acquisition costs" associated with its takeover of EE to all of its UK business divisions, including Openreach. Ofcom said it was "inappropriate" for two charges, totalling £1.7 million, to be attributed to "all UK lines of business …
OUT-LAW.COM, 23 Nov 2015

MPs to assess tech feasibility of requirements under draft surveillance laws

IPB The UK government published a draft Investigatory Powers Bill earlier this month in a bid to close gaps it has said exist in the surveillance powers available to the UK's intelligence and security services. The Science and Technology Committee said that it will carry out a "short inquiry into the technology aspects" of the …
OUT-LAW.COM, 18 Nov 2015

FCA paves way for cloud computing in UK financial services

The Financial Conduct Authority (FCA) has paved the way for banks, insurers and other financial services companies to take advantage of cloud computing services, so long as "appropriate safeguards" are in place, said one commentator. In proposed new guidance on cloud and other IT outsourcing (PDF), the regulator said there is …
OUT-LAW.COM, 17 Nov 2015

UK government looks to harness the potential of open data through APIs

In a speech earlier this week, Matt Hancock, minister for the Cabinet Office, referred to data as being "no longer just a record" but a "mineable commodity, from which value can be extracted" and outlined how the UK government intends to improve its use of the information at its disposal and help others exploit the data too. " …
OUT-LAW.COM, 06 Nov 2015

US, UK big banks to simulate mega-hacker cyber-attack

A mock exercise will take place this month to test how major banks respond to a major cyber attack, according to a newspaper report. The joint UK and US initiative, Operation Resilient Shield, will be "the most sophisticated test … yet" of the way industry communicates and coordinates its efforts in response to cyber security …
OUT-LAW.COM, 05 Nov 2015

UK watchdog offers 'safe harbor' advice on US data transfers

David Smith, deputy information commissioner, said businesses should "take stock" of their data transfer arrangements and review whether they provide adequate protection of personal data, as is required by EU law. Smith's comments follow a ruling by the Court of Justice of the EU (CJEU) earlier this month. The CJEU ruled that …
OUT-LAW.COM, 31 Oct 2015

UK finance sector: IT security testing 'becoming close to mandatory'

Regulators are nearly at the point of requiring major financial services companies to participate in a cyber security testing programme, according to the Bank of England. Minutes from a meeting of the Bank's court of directors on 16 September (10-page / 45KB PDF) provide detail of some of the efforts being taken to improve " …
OUT-LAW.COM, 30 Oct 2015
Volvo car power store

Volvo to 'accept full liability' for crashes with its driverless cars

Volvo will "accept full liability" for collisions involving its autonomous vehicles, the company has confirmed. The announcement was made by Volvo's president and chief executive Håkan Samuelsson during a speech in Washington on Thursday. Ben Gardner, expert in autonomous vehicles technology and regulation at Pinsent Masons, …
OUT-LAW.COM, 13 Oct 2015

Read our lips, no more EU roaming charges*

The European Commission will draw up rules to help mobile network operators set limits on the amount of roaming they will allow their customers to engage in before they can apply charges to the activity, the EU's Council of Ministers has said. The Council has formally approved new EU rules that will generally bring an end to …
OUT-LAW.COM, 05 Oct 2015