Season's greetings from Radar as we look back at 2016. While 2016 may not have been as turbulent in the technology and communications sectors as it was politically, there was still plenty going on. We take a look at the year's major legal developments here and you can also see our industry predictions for 2017 on Download.
In this issue
- The 'Great Repeal Bill'
- To implement or not to implement?
Digital Single Market
- Online platforms, geo-blocking etc.
- Copyright and communications
- Regulation on mobile roaming and the open internet
- Digital Economy Bill
Data exports to the USA
- EU-US Privacy Shield
- Other data transfer mechanisms
- General Data Protection Regulation 2016
- ePrivacy Directive
- Investigatory Powers Act 2016
- Other legislative developments
- CJEU judgments and Opinions
- Crackdown on nuisance marketing
- ICO guidance
- Article 29 Working Party
- Case on employee monitoring
- Surveillance Camera Compliance tools
- NISD (Cybersecurity Directive)
- Data breaches
- UK government initiatives
- EU initiatives
- Law Society Guidance
CJEU and ECHR cases on intermediary liability and hyperlinking
- ECHR decision on liability for user generated content
- CJEU decision on hyperlinking
- CJEU ruling on liability for copyright infringement when offering free wi-fi networks
Contract and commercial
- High Court case involving questions of grounds for termination for repudiatory breach
- Court of Appeal case on time limit for notifying warranty claims under SPA
- Consumer protection compliance points for cloud storage providers
- High Court decision on whether warranties are also representations in SPAs
- Selling hardware with pre-installed software not necessarily unfair commercial practice
- AG Opinion on the meaning of "durable medium" and "providing" and "making information available" under PSD
- Employment Tribunal in London holds Uber drivers have "worker status"
- Avoid using "close of business"
- CJEU ruling on definition of "seller" in Sales and Guarantee Directive
Other UK and EU legislative developments
- Link to EU ODR platform published
- PSC register
- Trade Secrets Directive
Spotlight on Commercial Agency
- High Court assessment of compensation under Commercial Agency Regulations
- CJEU ruling on meaning of "new customers" for indemnity purposes in Commercial Agents Directive
- High Court says sale of software is sale of goods for purposes of Commercial Agency Regulations
- Legislative Reform (Exempt Lotteries) Order 2016 made
- Upper Tribunal ruling clarifies Gambling Commission's licensing powers
- CMA investigation into online gambling
- DCMS review of gaming machines and social responsibility
- Gambling operators face new AML obligations
- ICO focus on use of personal data in online gambling sector
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.