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
Branding and Intellectual Property
Companies
Competition
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
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
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
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
Freedom of Information
Games
Hosting and Maintenance
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
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
Procurement
Public procurement law: the
basics
This guide focuses on the current public procurement
rules.
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
User-generated 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.