Eden Legal Blog

Yes, Eden Legal can guarantee that your notice under the old laws won’t give all the information required by GDPR. And if we are collecting data from or about children, all the more so. What if we only receive data from another party? Yes again.

No! But still time for some smart thinking…

The EU’s proposed E-Privacy Regulation (“E-PR”) would significantly affect use of cookies and tracking technologies and direct marketing activities. But it is still not in final form, and we will most likely have a maximum of 6 months to adapt from when it is.

FAQs re B2B contracts:
- Are contracts between businesses exempt from consumer protection rules on unfair contract terms? Yes, but some clauses are still banned. And others need to be reasonable.
- All clauses? No, just some exemption and limitation of liability clauses.
- Can you summarize these in a handy way? Let’s see…

The standard remedy for breach of contract is damages. Termination may or may not be available but damages can always be claimed. Why then do indemnity clauses seem to be creeping wider in scope? And why do some habitually strike them out on the basis that “we don’t give indemnity”. Are indemnity clauses really so effective? Or so scary?

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

In this part 4 of the series (see Part 1, Part 2 and Part 3), we review the new rules on obtaining consent, profiling, data portability and pseudonymization of data

(January 2017: edited to reflect draft E-Privacy Regulation)

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.