Crossfire

Matheson’s technology and IP law blog

US Federal Trade Commission boosts Safe Harbor Enforcement

February, 2014

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In a move clearly designed to address some of the concerns of the EU Commission over the US-EU Safe Harbor Agreement, the US Federal Trade Commission (“FTC”) announced on 21 January 2014 it reached settlements with 12 US entities that falsely claimed to comply with Safe Harbor. On 11 February 2014, a further settlement announcement was made. As we noted in a previous post, the EU Commission officially called on US authorities in November 2013 to improve the way Safe… Read more…

UK Court of Appeal gives leave to appeal on whether lien can be held on electronic data

February, 2014

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Your Response Limited v Datateam Business Media Limited [2013] EWCA Civ 1468  In a decision that will be of interest to IT service providers, and particularly those in the cloud industry,  the UK Court of Appeal has given leave to appeal on the question of whether a lien can be held over managed electronic data. Generally, liens allow creditors to hold tangible property in their possession until a debt is paid. Arden LJ noted that there is no authority which… Read more…

EU Commission calls on US to remedy concerns with Safe Harbor

February, 2014

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As part of a comprehensive review of EU-US data transfer agreements, the EU Commission released a paper on the Functioning of the Safe Harbor from the Perspective of EU Citizens and Companies Established in the EU on 27 November 2013. Safe Harbor is a method by which personal data may be transferred from EU Member States to organisations in the US despite differing data protection standards. US organisations must self-certify with the US Department of Commerce that they are compliant… Read more…

Hyperlinking – validated at last

February, 2014

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It is the moment that many have been waiting for and it has been worth the wait?  The Court of Justice of the European Union (CJEU) has just issued its eagerly anticipated decision in Case C-466/12 Svensson. In essence, the Court found that hyperlinking to a protected work on another website does not constitute a copyright restricted act of “communication to the public” in circumstances where a work is freely available on the initial site. The CJEU’s logic is that… Read more…

EU Commission calls for trust in EU-US data flows to be restored

February, 2014

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The EU Commission has published a communication on “Rebuilding Trust in EU-US Data Flows” as part of a wide review of the data transfer relationship across the Atlantic. It will likely come as no surprise that the revelation of large-scale US spying on electronic data has drawn a sharply negative response from the Commission. In fact, it is quite blunt in its criticism, saying that “mass surveillance of private communication, be it of citizens, enterprises or political leaders, is unacceptable.”… Read more…