A case in the Scottish Court of Session highlights the importance for directors of not having too close a personal involvement in a company's activities. The court ruled that S (the sole director and shareholder of a company trading as…
The Information Commissioner's Office (ICO) has fined Brighton and Sussex University Hospitals NHS Trust £325,000 following a serious breach of the Data Protection Act 1998. The fine related to the discovery of highly sensitive personal data belonging to tens of…
In May 2011, a new law came into force requiring businesses to obtain consent from visitors to their websites to store or retrieve usage information from users' computers or mobile devices. Many businesses use cookies (small files that a website…
Do you use a ‘clippings’ service and then republish the clippings, or make use of material created by others on your website? If so, make sure you have the appropriate permission to use the material. A recent case dealt…
The Forum of Private Business (FPB) has reported a noticeable increase in calls to its helpline from businesses that inadvertently included on their websites images that are protected by copyright and subsequently received demands for payment from the copyright…
When an insulation manufacturer created a road show to demonstrate its products in comparison with those of a competitor, there was always likely to be trouble. The comparison consisted of a series of fire tests, which were intended to…
In a recent case, firms which used trade marks to which they were not entitled felt the wrath of the court. The case concerned the National Guild of Removers & Storers (NGRS), a trade association for businesses in the…
When considering legal action regarding material which is on the Internet, often one of the most difficult questions one has to face is that of where the material is ‘made available’. Since a website can be physically situated anywhere, where…
The Information Commissioner has sent a strong message to businesses by imposing the first monetary penalties on two organisations for serious breaches of the Data Protection Act 1998. The fines were imposed despite both organisations voluntarily notifying the Commissioner…
The Information Commissioner’s Office (ICO) has launched a consultation on a new statutory code of practice on the sharing of personal data. The draft code sets out a model of good practice for public, private and third sector organisations,…