Eden Legal Blog

This post was half written when Eden Legal saw Fred Wilson’s post on “his” creative commons licence (looks like Creative Commons with a few extra tweaks). Why don’t we do the same with ours?

What are the hotels on? In some highly publicized cases in the US and the UK, hotels seem to be at the forefront of trying to limit negative reviews on social media though clauses in their standard terms and conditions, and also imposing financial penalties for doing so. These clauses are clearly ill-judged – but potentially also illegal.

Even an apparently indefinite contract can still normally be terminated on reasonable notice. But what is reasonable?

Who makes the law? If you are working with Google Play, iTunes or the Windows Phone store then your first port of call may be their developer agreements – irrespective of what you understand is permitted under applicable laws.

Yes – but this is essentially advertising and so readers must be made aware that it is.

Can’t a butcher or a banker do more harm than a telco? Public authorities inevitably seek to be able to access end user and communications data. Requests may be for user personal data under data protection laws or criminal or civil evidence rules. And legal intercept rules may apply to a much wider group than just providers of electronic communications services.

Yes, so deal with it… In the EU now consumers must have a period of 14 days to change their minds and receive a full refund after buying goods or contracting services online.

In part 1 of this article we focused on defining confidential information, exceptions to confidentiality, and restrictions on use. In this part 2 we look at some final considerations in reviewing or preparing an NDA, such as which employees or representatives get to see the information, injunctions and damages, and “governing law roulette”.

At present this depends on where they are (e.g. the Netherlands and Slovenia have specific “net neutrality” legislation; other EU Member States have codes of practice, guidelines or proposals for legislation). A pan-EU legal obligation to ensure net neutrality may still survive from the European Commission’s “Connected Continent” proposals…

In the spirit of ensuring that your NDA does what you want and that when signing others’ you don’t give away more than you intend, some (non-exhaustive) considerations. Part 1 of a two part article focusing on defining confidential information, exceptions to confidentiality, and restrictions on use. Part 2 here.

There is no right to be forgotten… However, under EU data protection laws, a person can ask a search engine to remove links to information about them and the search engine must do so if the information is “outdated, irrelevant or excessive”.

Now of historical interest only! Please see the latest articles here reviewing the actual provisions now due to enter into effect by early 2018.