Legal Info About...

This is the complete list of OUT-LAW guides. For more on the topics, use the menu on the left.

Accessibility and usability

• Disabled access to web sites under UK law: an overview
  This guide explains how the Disability Discrimination Act applies to your website and also the relevance of the law to guidelines from W3C's WAI .
• Legal reasons to make intranets, extranets and software accessible
  Employers have duties to ensure that these electronic tools are accessible to staff.

Branding and Intellectual Property

• Choosing and protecting your brand
  An introduction to trade marks, domain names and design rights and how they protect your brand.
• Intellectual property in websites: ownership and protection
  How to identify copyright and other intellectual property issues in websites.
• Linking and framing
  Guidelines for safe hyperlinking and page framing and how to avoid unnecessary disputes. 

Companies

• Companies: The basics (menu of articles)
• Directors' duties (menu of articles)
• Corporate governance (menu of articles) 
• Insolvency and financial difficulty (menu of articles)
• The FSA in action (menu of articles) 
• Funding an internet business (checklist)
  The issues to be addressed when considering possible forms of funding for a new internet business.
• Share schemes: an introduction
  Planning ahead is key to enjoying all the benefits that can accrue to a company from incentivising the workforce and avoiding deal-impeding exit complications.

Competition

• Competition law – the basics
  Article explaining the relevant UK and EU legislation affecting competition: The Competition Act 1998 and Articles 81 and 82 of The EC Treaty.
• Anti-competitive behaviour under the Enterprise Act 2002
  Discussion of criminal sanctions introduced by the Act, provisions which encourage whistleblowing and the ability for individuals to claim damages for losses suffered due to anti-competitive behaviour.
• The Vertical Agreements Block Exemption
  Rules that control agreements between parties at different levels of the production chain.
• The Technology Transfer Block Exemption
  Generally, agreements which restrict competition are prohibited by European law. However, there are a number of block exemption Regulations which set out the terms of 'safe harbours'. 
• Competition law and sharing information among companies
  What information can you share with another company without breaking the law?
• Competition issues for B2B Exchanges
  The technology behind B2Bs can speed business communications into real-time transactions but where there is access to a lot of information relating to rivals' activities, there is potential for collusion and price fixing.
• White Paper on damages actions for breach of the EC antitrust rules
  The European Commission wants to make it easier for victims of anti-competitive behaviour to claim compensation for losses arising from breaches of EC competition law.

Confidentiality

• Confidential information
  Secrets can be the most valuable assets in a business. However, unlike more tangible assets, the law may not automatically prevent others from taking or using valuable information.

Consultancy

• Agreements for consultancy services
  IT consultancy services continue to be in great demand. This article discusses situations in which they may be appropriate and the obligations imposed on both parties entering the agreement.
• IR35: the basics
  Discussion of when IR35 applies (the rules apply principally to what are generally called service companies), why it was introduced and its affect on contractual relationships.

Contracts

• Formation of contracts
  This article is intended to be a basic guide to commercial contracts in England, Wales and Scotland; the basics, essential terms, implied terms and execution.
• Online contract formation
  Contracting online is basically the same as contracting off-line but incorporating the terms can be more tricky. 
• Facilities management contracts: 10 tips
  Given the certainty that this relationship will eventually end, it's remarkable how few customers ensure they have the legal protection they need: protection when the supplier fails to perform; protection when supplier and customer eventually part company.  

Copyright

• Copyright law: the basics
  Copyright gives the author of certain types of material rights to control the use or commercial exploitation of the work that he or she has created. This articles explores this.
• Britain's implementation of the Copyright Directive
  This article outlines the main provisions of the Directive, identifies areas that caused the biggest difficulties for the legislators and also seeks to highlight some of the practical consequences of the Directive.
• Control and exploitation of copyright material online
  The simplicity of copying material found on the internet has fuelled the myth that there is nothing wrong with doing so. Here we explore the myth and the reality.
• Database rights: the basics
  This basic guide explains the circumstances in which protection will arise and sets out some practical steps designed to make the most of any rights that exist.
• Legal protection for databases: case report
  A brief recap of database rights and the effects of the British Horseracing Board and Fixtures Marketing cases.
• Copyright restrictions increased: the effect on education
  In October 2003, UK copyright law was amended. A number of activities that were previously permitted under the Copyright, Designs and Patents Act 1988 are no longer. Many of the restrictions will impact on the practices of educational establishments.
• File sharing after Napster
  This article from 2001 looks at the growth of peer-to-peer file-sharing services and the consequent legal battles and argues that the law cannot be applied independently of the commercial reality.
• New photocopying regulations: The Copyright and Related Rights Regulations 2004
  Changes to copyright law have affected your right to photocopy without infringing someone's copyright, therefor you should assess your photocopying habits and establish whether you require a licence for photocopying.
• The war against P2P
  Going after file-sharers. The position in Europe and the UK.
• Mashups: the legal issues
  Make sure you have permission before you try a mashup.
• Podcasting: the legal issues
  It's hard to use popular music in podcasts right now without a big budget.

Data Protection and Privacy

• Overseas transfers of personal data (menu of articles)
  A selection of articles addressing the position in the UK by reference to the legal provisions and common practical scenarios, looking at how a UK data controller can fulfil its business and operational requirements in transferring personal data, whilst encouraging legal compliance.
• Checklist for compliance with the Data Protection Act
  This checklist is intended as an aide memoir for those who already understand the basics of data protection.
• How to satisfy subject access requests
  The form of the request, negotiating with the data subject, how to search systems, manual files, third party data, consent and exemptions are all discussed.
• Cookie law
  If cookies are used in a site, the Privacy and Electronic Communications (EC Directive) Regulations 2003 provide that certain information must be given to that site's visitors.
• Data Protection
  This Guide explains what you should know about data protection under the Data Protection Act 1998.
• Data Protection health check
  A series of questions and answers that ensures that the data you have complies with the Data Protection Act.
• IP addresses and the Data Protection Act
  An IP address in isolation is not personal data under the DPA, but an IP address can become personal data when combined with other information or when used to build a profile of an individual, even if that individual's name is unknown.
• NEW: Why the APEC Privacy Framework is unlikely to protect privacy
  A Framework has been proposed for Asia-Pacific nations that Google's privacy chief suggests could be the foundation of a global standard. Dr Chris Pounder suggests otherwise.
• The CAP Code
  This article is intended to set out the basic rules for marketing by email and suggest a number of practical compliance measures.
• The effect of the Data Protection Act on e-marketing
  How the Act applies to computer-processed data stored on an individual which allows specific information about that individual to be generally accessible.
• Interview with Information Commissioner Richard Thomas
  Transcript from 24th June 2003. First published in the Autumn 2003 issue of OUT-LAW magazine.
• Interview with Deputy Commissioner David Smith
  Transcript from 9th January 2006. OUT-LAW interviews the Deputy Commissioner, discussing ID cards and employment references.
• Monitoring at work survey (2003)
  Survey conducted among OUT-LAW.COM users, 14th August 2003.

Designs

• Designs: the basics
  The difference between registered and unregistered design rights in the UK.
• Registering a design in the UK
  The steps that should be taken when registereing a design in the UK.
• Registering a design in the EU
  The steps that should be taken when registereing a design in the EU.
• How design rights can add value to a business
  This article looks at how design rights can add effective and affordable protection and value to a business.

Development

• Information required in a web development deal (Checklist)
• Software development contracts
  There are two approaches to software development: conventional and prototype. This guide discusses the implications for the software development contract arising out of these two, very different, approaches.
• Using exemption clauses in web sales
  The article examines the two types of exemption clauses in a web sales context: (a) those which seek to exclude liability for specified breaches of contract; and (b) those which seek to limit liability to a set sum or to particular types of loss.
• Web development deals 
  Provides information for the web developer on the legal aspects of his relationship with a client and the extent of any obligations he may have as a matter of law.
• Web design (checklist)
• Website compliance: 10 tips (can be used as a checklist)
• AJAX: the legal issues
  An overview of AJAX – short for Asynchronous JavaScript and XML.
• RSS: the legal issues 
  RSS or 'Really Simply Syndication' is a means of sharing content between sites or from one site to an individual computer. This article provides an overview.

Dispute Resolution and Litigation

• Dispute Resolution
  Litigation, arbitration, alternative dispute resolution, simple commercial settlement and domain name disputes – all are discussed here.
• Defamation
  The distinction between libel and slander, remedies and defamation on the internet are amongst the topics discussed in this piece.
• International arbitration
  The insertion of an arbitration clause into commercial agreements enables businesses to opt to have disputes arising in connection with the contract decided by arbitral tribunals rather than litigating them in national courts. This article provides an overview of the advantages, and outlines when arbitration might be appropriate.
• Mediation
  Mediation is a type of Alternative Dispute Resolution (ADR) in which the outcome is consensual. This article outlines the stages involves in the mediation process and when it might be appropriate.

Domain Names

• Domain Names: FAQ
  Seven of the most frequently asked questions about domain names.
• Transferring domain names
  The fees and forms involved in transferring domain names via Nominet, Network Solutions or between registrars. Also, how to buy and sell domain names.
• Domain name disputes
  A detailed article on the various types of dispute that can arise and the options that you have when it comes to resolving the dispute.

E-commerce

• The UK's Distance Selling Regulations
  If you're selling to consumers online, you need to know these Regulations. 
• The UK's E-Commerce Regulations
  These cover more than just e-commerce: your business is almost certainly affected.
• Selling online: an overview of the rules
  An overview of the law governing online sales in the UK and an analysis of the issues that a business should consider before setting up an online sales process.
• Terms and Conditions (Checklist)
• Selling online: structuring your e-commerce process
  Some 'recommended' best practice techniques to ensure that your sales process is legally correct and contractually enforceable.
• How to protect your site against pricing errors
  From a legal point of view there is no reason why companies should be out of pocket for pricing errors, so long as they follow a few simple legal rules.
• Amazon's pricing error
  Outlines a case of mispricing by Amazon.co.uk on 19th March 2003 on the Hewlett-Packard iPaq handheld computer.
• Kodak error shows need for legal protection
  Case overview: repercussions of Kodak.com misstating the price of the Kodak DX 3700 digital camera on its website in early 2002.
• Dealing with consumers
  A detailed guide on the various laws that protect consumers, e.g. product liability, trade descriptions, spam, credit agreements.

Email

• Electronic signatures – FAQs 
  Seven of the most frequently asked questions on the subject of electronic signatures.
• Encryption and digital signatures
  Encryption is now used routinely in a number of IT contexts, including in digital signatures. Although encryption has many legitimate uses, there are concerns over its use for military and/ or criminal purposes, leading to the introduction of tighter controls.
• Information overload – the problem with unwanted emails
  The effect of the Directive on Privacy and Electronic Communications on spam.
• Email as court evidence
  How to ensure that yoru email evidence is admitted in court.
• Email notices
  There is no legal authority on the effectiveness of these notices in email messages; but that is not to say that they should not be used, provided care is taken in drafting them.
• The CAP Code
  Marketing by email is now regulated by an overly complex patchwork of rules and standard. Here we discuss the basic rules in this area and suggest a number of practical compliance measures.
• Email marketing: when to use opt-in and when to use opt-out
  Confusion still reigns about the use of opt-in and opt-out for email marketing purposes. The confusion centres around what is required to fulfil the obligation to obtain a user's "prior consent".

Employment

• Directors' service contracts (menu of articles)
• Directors' pensions (menu of articles)
• Directors' remuneration issues (menu of articles) 
• An introduction to pension schemes
  A discussion of the various types of pension scheme, e.g. personal, group, stakeholder, that are available.
• Checklist on Teleworkers for Employers
  A discussion of the potential pitfalls in the areas of employment law, facilities, health and safety, intellectual property and taxation.
• Contracts of Employment – The Rules
  By carefully preparing a contract of employment for each employee, disputes and ambiguity as to the incidents of the employment relationship can be minimised.
• Cyberslackers – all in a day's work?
  Internet and email abuse can leave employers exposed to a variety of 'cyberliability' claims. How do you manage the risks?
• Data protection and monitoring at work
  A discussion of the Information Commissioner's Employment Practices Data Protection Code which covers, e.g. when monitoring is allowed, covert monitoring and the legal implications.
• Disciplining an employee
  All employers need to know how to discipline their employees fairly. Mishandling disciplinary issues gives rise to a huge number of employment tribunal claims every year.
• An introduction to monitoring employees
  Contains basic rules for employers who wish to monitor their staff (over email, telephone, internet).
• The laws relating to monitoring employees
  This article covers the monitoring of employees by intercepting email, telephone and internet use, the use of CCTV and in-vehicle tracker systems.
• Equal Opportunities Policies
  How to ensure compliance with the Employment Equality (Religion or Belief) Regulations 2003.
• When is a contractor not a contractor?
  Not everyone who works is an "employee". It is essential that contractors (and anyone hiring contractors or consultants) understand the distinction so that their legal rights and obligations are clear.
• Internet and email policies
  If employees have no rules or guidelines to follow, each will form his or her own view as to what is and what is not permissible in email and internet practice.
• Staff and their personal blogs
• Issues for Employers
  This guide sets out some of the contractual issues which have to be considered by a UK business in relation to its use of personnel whether employees or contractors.
• Key employment issues around home working
  How employers can benefit from home-working whilst avoiding some of the pitfalls. A discussion of the issues they should consider when drafting new terms and conditions of employment.
• Mediation: how it can help to resolve employment disputes
  The 2004 Dispute Resolution Regulations were introduced, in part, to get parties to speak to each other before they headed for their nearest employment tribunal.
• Monitoring your employees' emails – legally
  Employees need to know how to monitor lawfully, if they breach data protection legislation, any evidence they gather may be inadmissible, defeating the point of collecting it.
• Offshore outsourcing – what happens to the employees?
  The position in the UK, EU and US with regards to offshore outsourcing and the affects on the employees left behind.
• Basic guide to TUPE
  The purpose of TUPE is to protect employees if the business in which they are employed changes hands. Here we discuss a significant and often tricky piece of legislation.
• References: How to write them
  Basic rules for giving a reference, what to write and the risks if you get it wrong are all discussed in this guide.
• Restrictive covenants in employment contracts
  A look at the types of restrictive covenants, garden leave and breach of a restrictive covenants.
• Staff and their personal blogs
  Blogging in spare time can raise an employment issue.

Financial Services

• Distance marketing of financial services
  The Financial Services (Distance Marketing) Regulations are discussed in detail in this article, e.g. when and to whom they apply, cancellation rights and unsolicited services.
• Financial and Credit services
  How to determine when a company can be said to offer these services, and why and where they are regulated.
• Selling financial services online
  This guide concentrates on the non-legislative side, dealing with the contractual and commercial issues which must be considered when selling financial services products online.
• Financial services advertising
  Financial advertising, depending on the product, is governed by the self regulation system and additionally by statutory regulation by both the FSA and under the Consumer Credit legislation. Both are discussed here.
• Basel II: An introduction to the Capital Adequacy Accord and the Capital Requirements Directive
  An overview of Basel II: what it is and what it requires of companies offering financial services.

Freedom of Information

• The Freedom of Information Act and your organisation
  Discussion of how the Act will affect both public and private sector employers and the requirement to implement policies, training and raise awareness internally and externally.

Games

• Getting a publishing deal
  A brief overview of heads of agreement, intellectual property and termination of agreements.
• Heads of agreement for games publishing (Checklist)
• Video games and age restrictions – the US and UK
  Explains the rating systems that apply to the sale of games in the US and in the UK.

Hosting and Maintenance

• ISP issues
  This guide is intended to provide an overview of some of the issues which face ISPs, VISPs (Virtual ISPs) and web hosts in respect of their day to day business.
• Liability of ISPs for third party material
  Whether you are an ISP, a VISP or a web host or merely providing chat room facilities on your website, there is a risk that you could be liable for material posted by third parties.
• The effect of anti-terrorism laws on ISPs
  A brief overview of how the Anti-terrorism, Crime and Security Act and the Regulation of Investigatory Powers Act of 2000 affect ISPs.
• ISP and web host conditions (checklist) 
• Maintenance agreements
  Overview of maintenance obligations, updates / technology refresh, renewal and termination.

Jurisdiction

Jurisdiction
The global reach of the internet makes it all too tempting for businesses to start selling outside their home jurisdiction. However, without putting some thought into the legal issues involved they risk storing up legal problems for the future. This article examines some basic rules for conducting business outside the UK.

Marketing and advertising

• Consumer Protection from Unfair Trading Regulations: an OUT-LAW Guide
  New regulations to protect consumers from unfair, misleading or aggressive selling practices are due to come into force on 26th May 2008.
• Viral marketing
  How to run 'tell a friend' services and comply with privacy laws.
• Running a competition
  The legal requirements for running prize draws and skill competitions.
• Running a competition FAQ
  Questions we've been asked about what's legal, what's not: is it a lottery? Is a betting licence required? Answers here.
• Keyword marketing
  Trade mark registrations are powerful legal tools but complications can arise online with search engine "keyword" marketing.
• Internet advertising
  Online advertisers have to comply with legislation, both in their own country and any country which the advert reaches.
• The use of trade marks in meta tags
  Companies may have cause for action if they find a competitor using their brand in a meta tag with the deliberate intention of drawing custom to their website.
• Adware
  Adware commonly piggybacks on another application that is knowingly downloaded and can monitor a user's online activities. 
• Financial Services advertising
  An overview of the powers of the Financial Services Authority (FSA) to regulate advertising.

Media

• The sub judice rule and contempt of court
  Publishing matters which are under court consideration can land you in prison.
• Clearing rights for film and television
  Without the correct clearances, you can be prevented from distributing your work in certain territories or over certain media. Here we discuss how to get clearances.
• Co-development and co-production
  If you embark on co-development or co-production it is important that the arrangement between you and your co-producer(s) is clear and set out in a contract. Here we discuss the terms of those agreements.
• Distribution and exploitation of film and TV rights
  A discussion of television distribution, common provisions in distribution agreements, e.g. commission, territories and duration, and secondary rights.

Outsourcing

• An introduction to IT outsourcing
  The pros and cons of outsourcing; planning for an outsourcing; employment issues which affect outsourcing and how to manage the outsourcing relationship.
• Managing an outsourcing
  Three areas often fail to be addressed sufficiently in the procurement strategy: business buy in; service definition and treatment of assets used to deliver the services. These are all discussed in this article.
• Public procurement law: the basics
  This guide focuses on the current public, and not utilities, procurement rules.

Patents

• Patents: the basics
  Discussion of what can be patented; relevant legislation and jurisdiction issues, and the registration process.
• Opinions of the UK Intellectual Property Office
  A procedure to get a quick opinion on whether a patent is infringed to help resolve disputes.
• Proposals for a new European Patent
  A pan-European patent still doesn't exist due to a lack of consensus.
• Threat to international patent protection: the phramaceutical industry's perspective
  'Second-world' governments are trying to reduce the scope of patent protection.

Procurement

Public procurement law: the basics
This guide focuses on the current public procurement rules.  

Software

• Open source software: minimising the risks
  What is OSS? OSS and IP; weighing up the pros and cons of OSS; the IPR issue, and managing the risks.
• Escrow
  Discussion of what an escrow is and why it is used in relation to software.

Tax

• An introduction to Tax (updated for tax year 2008/2009)
  The guide covers: general issues of taxation of profit, payroll taxes and VAT for the business; and issues to consider for investors in the business.
• Taxation of e-commerce
  This guide explains when an e-tailer is subject to UK tax and how VAT applies to e-commerce.

Trade Marks

• Trade marks: the basics
  An overview of what a trade mark is, and how to register one.
• Registering a trade mark in the UK
  The requirements of registering a trade mark in the UK.
• Registering a trade mark in the EU
  The requirements of registering a trade mark in the EU, and a list of affected countries.
• Registering a trade mark through the Madrid Protocol
  The requirements of registering a trade mark where the application is not national, and a list of affected countries.
• Enlargement of the EU and the Community Trade Mark
  Brief overview of the major changes that will affect the Community Trade Mark (CTM) system as a result of the expansion of the EU.
• When is a trade mark considered distinctive?
  Time and money can be lost by attempting to register trade marks which lack 'distinctive character'. This article outlines three cases which have laid down guidelines on distinctiveness.
• Registration of colour trade marks: Guidance from the European Court of Justice
  The European Court of Justice established in 2003 that single colours are capable of acting as trade marks proving that they are defined in a sufficiently clear way.
• The use of trade marks in meta tags
  Outlines whether the use of trade marks in meta tags and banner advertisements on websites constitutes trade mark infringement. Case example: Reed Business Information Limited, Reed Elsevier (UK) Limited and totaljobs.com Limited (RBI).
• The Company Names Adjudicator
  The new Companies Act introduces the role of the 'Company Names Adjudicator', a new weapon for trade mark owners.

User-generated content

• Legal risks of corporate blogging and user-generated content
  From employment claims to prison sentences under the Terrorism Act
• Staff and their personal blogs
  When can a staff member's personal blog potentially bring their employer into disrepute.
• Moderation, liability and terms of use
  It's usually safer if you do not pre-moderate user comments. Also deals with child protection.
• Tagging: the legal issues
  A brief look at the legal risks of tags for your content

Case reports

We are building a library of case law on OUT-LAW that provides analysis of important court rulings with relevance to other parts of the site. Right now there are some computer law and insurance law cases. If you want to see the former only, see Pinsent Masons Computer Law Reports.