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Data Protection

Data Protection

Government to legislate on use of confidentiality clauses

The Government has announced that it will implement new legislation on the use of confidentiality clauses or Non-Disclosure Agreements (NDAs) in the workplace.

Although the Government recognises that confidentiality clauses are used legitimately by most employers, it believes that there are a small number of cases in which confidentiality clauses are being used to cover up criminal acts in the workplace such as sexual harassment, assault and racist discri

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Burness admin

Wolves bite back in IP enforcement

For many football clubs, the team’s logo will often be one of its most valuable assets, becoming synonymous with the club itself.  It’s the image that’s plastered on everything from football strips to towels, from mugs to bedsheets. Fans wave flags with their team’s logo on match day and children cover their bedroom walls with posters of their favourite players.

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Burness admin

Me, My Selfie and IP

Social media has transformed the marketing landscape – providing the opportunity for brands to reach and interact with millions of potential customers with a single post. Even more transformative is that each and every individual customer with a social media presence is now a potential source of authentic and relatable advertising content. But, where a brand relies on user content for advertising, who owns the content?

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Burness admin

Every iCloud?

What happens to your digital assets when you die? This is probably not the first question that springs to mind when setting up your iCloud account.  However, in an age where more and more people are living their lives on the cloud, how to deal with an individual’s “digital legacy” is becoming an increasingly important – and complicated – issue.

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Burness admin

The fourth thing you need to know about enforcing IPR in Scotland: Cost and timescales

"How much will it cost and how long will it take?" If I had a £1 for every time a client asked me that at the commencement of a court action…

Of course, it is an entirely appropriate and reasonable question, which any sensible client should be asking before embarking on the litigation journey. Whilst you would be able to answer this question with laser precise accuracy in respect of English proceedings with the “benefit" of the Jackson costs budgeting reforms, you may be less clear of the position in Scotland.

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Burness admin

Copyright in the Digital Single Market: How the new Directive will affect your business

Colin Hulme

On Monday 26 March 2019, the European Parliament approved the Directive on Copyright in the Digital Single Market, marking the end of a legislative process that began in 2016.  It will now be up to member states to approve Parliament’s decision over the coming weeks.  If member states accept the text adopted by the European Parliament, the new rules will take effect following publication in the official journal. 

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Burness admin

GDPR + BREXIT = ?

For the past year or so, two acronyms have evoked a range of emotions in people in the United Kingdom and across the EU whether this be excitement, fear, intrigue or dislike: (1) GDPR; and (2) Brexit.  And now, with Brexit day looming there is increased focus on just how these two acronyms will work together post-Brexit.

As the recent £44 million fine imposed on Google has shown, compliance with the GDPR should be taken seriously and this will continue to be the case post-Brexit.

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LChalmers

It’s good to talk – especially about enforcing your IP rights in Scotland

Before the Christmas madness got too mad, our contentious IP team held a round table discussion with some English based clients and contacts who regularly seek to enforce their IP rights in the Scottish courts.

We invited representatives from Sky, the FA Premier League, Phonographic Performance Limited (“PPL”), PRS For Music Limited (“PRS”) and the newly created joint venture formed between PPL and PRS to join us at Scotland House in London to share their experiences of litigating in Scotland, what the Scottish Courts do well and where they could perhaps improve upon servic

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Burness admin

Could new data breach laws be set to impact on corporate Scotland?

The financial risk for business presented by serious data breaches is now even more apparent due to the recent Court of Appeal decision against supermarket chain Morrisons.The issue will have particular relevance in Scotland in the coming months because of a new group action mechanism which is designed to make it easier to bring group claims like the Morrisons one. This may affect any businesses with operations or customers in Scotland.

The Court of Appeal confirmed that Morrisons was vicariously liable for the data breaches of an employee. This despite the fact that Morri

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Burness admin

Top 10 Things You Need To Know About GDPR

The General Data Protection Regulation (GDPR) will have a significant impact on how businesses and organisations process personal data.

The law comes into force on 25 May 2018, and introduces a series of new rights and obligations which you need to be aware of when collecting and processing personal data – including data relating to your employees, contractors, customers, suppliers and contacts. With increased public and regulatory scrutiny and the level of fines increasing, the consequences of failing to comply may be severe.

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LChalmers