General Commercial

 

General Commercial

Who owns the copyright when your employees create the software?

Q: If the software is created by an employee, outside of normal working hours, are they entitled to the copyright in that software? A: This might be true in some cases but in the majority of cases, unless this has been explicitly agreed, it will belong...

Standard contractual clauses for Article 28 Data Processing Agreements set out by the European Commission

The European Commission has adopted draft standard contractual clauses to be used between controllers and processors in the EEA .  These standard contractual clauses are designed to help organisations that rely on third-parties in the EEA to...

NEED TO KNOW: What should I find in terms and conditions?

When you start up, the sheer volume of paperwork you have to deal with can seem daunting. If you’re trying to navigate the contracts that people send you, here’s some basic information about the things that you might find... If the contract...

NEED TO KNOW: Firming up your processes - growth in startups

When we start a business, we all want to believe that we’ve got an amazing idea that’s going to grow rapidly, grab the attention of our customers and keep a roof over our heads. The reality is that startups often have to pivot. Even lifestyle...

Commercial contracts - Preparing for a no-deal Brexit future

With the Prime Minister seemingly determined to take the UK out of the EU without a deal, the threat/promise of a no-deal Brexit is looking increasingly likely to become a reality on 31 October. The commercial and economic implications of a no-deal...

Latest news relating to UK collective actions

Over the last few months we have written about the increased chance of class actions relating to data breaches. You can read this in GDPR - one year on and GDPR - waiting for the flood . But how likely is this in a wider technology (and, in particular,...

Marriott facing nearly £100m over GDPR breach

Less than a day after the technology world was shocked to see British Airways face a potential £183m fine for a data breach, the ICO has issued a notice of its intention to  impose a £99.2m fine on international hotel group Marriott after...

The RAPID Challenge - discovering the next great British innovation

Clayden Law is delighted to be supporting The RAPID Challenge. Created by Prodrive Ventures, the investment-arm of the world-leading motorsport and advanced technology group, Prodrive The RAPID Challenge is a new competition aimed specifically at...

Tech versus finance - three things that influence how a fintech startup pivots

We often talk about Fintech as a stand-alone sector in the sea of startups… but in reality it’s straddling two different industries with completely different cultures. So what about those cultures might influence how a startup develops? ...

Between dystopias - Balancing innovation, regulation and security in fintech

It’s hardly surprising that many of the people talking about fintech often slip into the habit of talking about dystopian futures – rarely in the realm of startups do we see such a collision of risk averse (or at least, risk aware) cultures all...

Stuck in the middle - How do SMEs work with their cloud service providers?

The use of cloud services continues to rise, with businesses and home users benefiting from the cost savings, access to additional technologies and the ease with which they can collaborate and share. However, with this comes an increased complexity in the...

Who owns AI-created art?

Computer-generated works are defined as ones "generated by a computer in circumstances such that there is no human author of the work". Let’s park, for a moment, whether it’s realistic to think that true art can be created without the...

E-signatures - has the law caught up with the technology yet?

Whether typewritten, scanned or digital, fingerprints, retina scans or electronic handwritten signatures there have long been questions over how legally binding e-signatures really are.   The technology Regulation EU/910/2014 on electronic...

Majority of UK firms not insured against security breaches and data loss

Current estimates are that annual losses to UK businesses from cybercrime exceed £29 billion. Yet research published in the recent Risk:Value report from NTT Security shows that, whilst 81% of the senior executives surveyed believed that adequate...

AI in the UK: How ready, willing and able are we?

A panel from the House of Lords has recently released its report on AI titled, AI in the UK: ready, willing and able?. You can read an overview of the report, and the report itself here . First, let’s set the scene. The Chairman of the Committee,...

Company Directors could be held personally liable and fined for PECR breaches

In all of the GDPR talk over the last month you can be forgiven for forgetting that the Privacy and Electronic Communication Regulations 2003 (PECR) also require consideration. As we explained in an earlier article , there are two pieces of legislation...

Are intellectual property laws ready for AI in the UK?

The concept of Artificial Intelligence (or AI) has been around for a while. In fact, many of us use or take advantage of it without even knowing. For example, when you look up a route on your sat nav and it automatically considers the ‘real...

What is Geoblocking and how is it going to affect retailers?

Geoblocking is when companies block or limit access to their websites, or have different general conditions of sale (for goods/services), depending on which EU member state a customer is located in. The EU considers that geo-blocking prevents unhindered...

Cybersecurity Series: Startups & Acquisitions

More and more companies are being built with the expectation of acquisition within 5-10 years. Increasing numbers of entrepreneurs are taking a fail-fast, fail-well approach to innovation, focusing on rapid growth and extremely high risk… and...

Article 30, GDPR and documentation - what you need to know

The facts Article 30 of the General Data Protection Regulation ( GDPR), which comes into force on 25 May 2018, states that data controllers and processors need to keep internal records of data processing activities. The Information...

Fees: Yes... more changes are coming on 25th May

We’ve spoken a great deal about the forthcoming GDPR and the steps your organisations need to take to best prepare. Included within this is the fact that, as of 25th May, data controllers will no longer need to register with the ICO, each year....

Commercial contracts and cyber insurance requirements

We don’t need to tell you that cybersecurity is in the news. In fact, you’ve probably seen our popular Cybersecurity Series , discussing everything from passwords to training , encryption to how to identify and manage a breach . If we...

Brexit and adequacy... is a decision possible?

A recent Court of Appeal case has highlighted that, whatever the UK Government might say and wish for, getting an “adequacy decision” to allow free sharing of data once the UK leaves the EU is not a slam-dunk. As with most things Brexit-related,...

Cyber-attack results in £400,000 fine for Carphone Warehouse

The Information Commissioner’s Office (ICO) has fined the Carphone Warehouse for major inadequacies in its data security, which resulted in a cyber-attack that lasted for over a week. More than 18,000 customers were compromised in the breach,...

Article 29 Working Party reviews EU-US Privacy Shield

The Privacy Shield, a framework which governs and legitimises transatlantic data flows between the EU and the US, has been accused of not providing sufficient protection to the rights and freedoms of EU citizens. The European Commission recently completed...