By: Anne-Marie Bohan
Your Response Limited v Datateam Business Media Limited  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 establishes that a lien is exercisable over intangible property, such as where a cloud provider holds data pending payment of service fees. A clarification of the law here could have considerable implications.
Even if the Court of Appeal decides that no lien can be held over electronic data, this would not prevent parties to such contracts negotiating a contractual lien. The importance of this decision will therefore lay in the context it gives to the negotiation of IT service contracts in the bargaining position of the parties.
Subscribe to our blog
- European Commission Adopts Privacy Shield
- The EU and US agree on new arrangement for trans-Atlantic data flows
- Agreement reached on new Data Protection Regulation
- Key Points in relation to the return of Schrems Case to the Irish High Court
- Article 29 Working Party statement on Schrems case
- Safe Harbour Declared Invalid by CJEU
- Advocate General Issues Opinion on Validity of EU-US Safe Harbour Scheme
- ICO signals progress of General Data Protection Regulation
- Irish Data Protection Commissioner’s Report 2014 highlights an increasing global approach to data protection
- Commission Proposal on new data protection rules supported by Justice Ministers of the Council