My blog

CJEU decides that downloaded software is a sale of goods, not services

Background In 2013 The Software Incubator was appointed by Computer Associates as a sales agent to promote and market Computer Associates’ application service automation software, which was deployed by CA’s customers to manage applications across data centres.  The software was downloaded by customers directly from Computer Associates’ servers, subject to a perpetual licence which restricted […]

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What’s happening with SCCs? – Part 3 (UK SCCs)

Part 1 and Part 2 of the What’s been happening with SCCs? updates have tracked the EU’s and the UK’s progress in developing standard contractual clauses (SCCs) to deal with the transfer of personal data to third countries, i.e. countries that are not considered to have an ‘adequate’ level of data protection, as well as […]

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EU-UK data transfers – final update

05/07/21  (updated) – As part of the Trade and Cooperation Agreement the EU and the UK agreed a six-month ‘bridging period’, allowing transfers of personal data from the EEA to the UK to continue freely until 30th June 2021, to give the European Commission enough time to adopt the adequacy decisions which are necessary to […]

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What’s happening with SCCs? – Part 2

09/06/21 – At the end of last week, and more than three months later than originally expected, the European Commission published final versions of its new standard contractual clauses (SCCs) for the transfer of personal data to third countries (New EU SCCs). The New EU SCCs replace the standard contractual clauses adopted by the European […]

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UKJT’s Digital Dispute Resolution Rules

26/05/21 – The UK Jurisdiction Taskforce (UKJT) received extensive and overwhelmingly positive publicity for the Legal Statement on the Status of Cryptoassets and Smart Contracts that it published in December 2019 – you can read more about the Legal Statement here. On 22nd April 2021 the UKJT published its Digital Dispute Resolution Rules (Rules) which: Give […]

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What’s happening with SCCs? – Part 1

05/05/21 – If your organisation does not transfer personal data to ‘third countries’, i.e. countries outside the EEA that do not have a UK adequacy finding, then breathe a sigh of relief and feel free to go and do something else.  If, however, your organisation does transfer personal data to a ‘third country’ (which for […]

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Overview of the European Commission’s proposed AI regulation

26/04/21 – The European Commission aims to turn the EU into ‘the global hub for trustworthy Artificial Intelligence (AI)’.  With that objective in mind, on 21st April 2021 the Commission published its Proposal for a Regulation on a European approach for Artificial Intelligence. Very interesting, I’m sure.  But presumably not relevant to those of us […]

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UK adequacy decisions – lukewarm thumbs-up from the EDPB

15/04/21 – If you’ve been following the progress of the UK adequacy decisions (see updates from December 2020 and March 2021), you will know that we have been waiting for the European Data Protection Board’s opinions on the draft UK adequacy decisions.  As per the EDPB’s press release yesterday, these opinions have now been adopted. […]

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EU-UK data transfers – update

30/03/21 – As part of the Trade and Cooperation Agreement announced just before Christmas, the EU and the UK agreed a six-month ‘bridging period’ allowing transfers of personal data from the EEA to the UK to continue freely until 30th June 2021 – more detail here.  Half-way through the bridging period is probably a good […]

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Who owns the copyright in software created by your employees?

12/03/21 – In accordance with the Copyright, Designs and Patents Act 1988 where any work “is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work, subject to any agreement to the contrary”.

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