Who are our clients?
Eden Legal provides an experienced, modern, prevention-based, solution-focussed service to avoid, progress and solve commercial and regulatory issues affecting digital businesses.
Managing and minimizing risk
Being in business means you take risks. But risks can be managed and even eliminated by good planning and early involvement of your legal advisor. Eden Legal can help with this.
Protecting and growing what you create
For many digital businesses innovations, branding, trade secrets and copyrights are the main assets you have. Eden Legal can help safeguard them.
The final part of the series:
Part 1: Right to be Forgotten; Notification of Security Breaches; Data Protection Impact Assessments
Part 2: Non-EU Controllers & Processors; Data Protection by Design & by Default; Children’s Data
Part 3: International Transfers; Fines & Damages
Part 4: Obtaining Consent; Profiling; Portability; Pseudonymization
Part 5: Obligations for Processors; Data Protection Officers
The EU Commission has made proposals to modernize copyright protection in the Digital Single Market, but for sites republishing news content or hosting user-generated content, these measures look likely to create new obligations and restrictions.
The European Commission has published a proposed European Electronic Communications Code, which among other matters addresses directly the place of “OTT” voice and data communications services, imposing new obligations particularly on those connecting to public phone networks.
A downloadable list developed over the years, that I wish I had had before, and hope someone else might be able to benefit from.
Quick checklist for Intellectual Property legal due diligence: for M&A, funding, restructuring, audit, etc. #lawinagraphic
If we know that content has been published online without the rightsholder’s consent, then linking to it is a breach of copyright. And, if we do this for profit, then we are presumed to know this. This is the dividing line set by new caselaw from the Court of Justice of the EU.
Even if there is no breach of the contract, then the law won’t tie us to it forever. There may be additional grounds that it would be unreasonable for us to continue. Some of them may be more often seen and easier to show than others, but they can be worth considering in cases of doubt. This part 2 follows up part 1 where we considered how to terminate for breach of contract.
We want out. For whatever reason. But trouble can lie ahead if we terminate if we’re not entitled to, or if we don’t comply with what we agreed in the contract. In this part 1 we look at the scenario where the other party is in breach of the contract. In part 2 we’ll look at termination for other reasons.
If two parties each owe each other money, then sometimes the law may assist by permitting the smaller amount to be offset against the larger, resulting in a single payment of the difference. However, it is not the case that unless our contract says otherwise then we are automatically entitled to set off any claim. We need to be aware of the conditions and restrictions of this and tailor our contracts accordingly.