Matheson’s technology and IP law blog

UK Court of Appeal finds that information may not be subject to a common law lien

March 26th, 2014


Your Response Limited v Datateam Business Media Limited [2014] EWCA Civ 218 As an update to our previous post on this issue, on 14 March the UK Court of appeal decided that liens cannot be held over electronic data contained in a database. In this case, a data hosting service provider tried to exercise a lien over a database that it hosted for a customer when the customer failed to pay its fees under contract. While common law liens do… Read more…

EU parliament endorses LIBE draft of EU Data Protection Regulation

March 13th, 2014


MEPs yesterday voted overwhelmingly in favour of the Civil Liberties, Justice and Home Affairs Committee (LIBE) draft of the new EU data protection regulation, which is a radical and comprehensive overhaul of the dated EU data protection framework. We summarised the main points in a previous post. The reform now has the strong support of both the EU Parliament and the EU Commission which comprise two thirds of the EU legislature. However, the regulation’s real test is in the EU… Read more…

EU body publishes report on Cloud Standards Coordination in Europe

March 11th, 2014


The European Telecommunications Standards Institute (ETSI), which was tasked by the European Commission to help identify standardised cloud computing standards in Europe, has published a report that maps out the cloud standard landscape in Europe and suggests recommendations for the industry. ETSI’s mission was to “cut through the jungle of standards”, but this 59-page report does not make adhering to cloud computing standards an easy task for any organisation intending to offer cloud services. The report suggests that this area… Read more…

US Federal Trade Commission boosts Safe Harbor Enforcement

February 20th, 2014


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 17th, 2014


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…