Technology Update Q2 2009
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Digital Britain: top ten talking points for technology readers
The Government's eagerly awaited Digital Britain report was published on 16 June. It proposes measures to promote the media, communications and technology industries and sets out a roadmap for the UK's digital economy. Olswang has prepared an analysis of its own "Top Ten Talking Points" from the report.
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Outsourcing: LSE study looks at offshoring trends
A recent study by the Outsourcing Unit of the London School of Economics provides insight into predicted trends and pressures in offshoring over the next five years. Focusing on the emerging "non- BRIC" jurisdictions, it makes interesting reading not only for practitioners and suppliers but also for customers seeking better service and cost reduction in the economic downturn.
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Software patents: UK decisions post Symbian and latest on EPO referral
Recent decisions of the UK High Court and UK Intellectual Property Office (UKIPO) show that the UK approach to patentability of computer related inventions has settled in the wake of the Symbian decision into an approach which differs slightly from that of the European Patent Office (EPO). This may result in different outcomes in some cases, so applicants should carefully consider whether to file applications at the EPO or the UKIPO.
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Outsourcing and TUPE: five key issues to consider
The Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") have been in force for three years. The UK Government went beyond its obligations under EU law, extending protection to employees in the event of service provision changes, in addition to the more traditional business transfer scenarios. The result has been a change in the way that customers and service providers do business with each other. Even in the simplest of outsourcing projects, there is a long list of TUPE issues to consider. In this article we highlight just five key questions that should be asked every time.
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Virtual completions in commercial deals: minimising the risk
Virtual closings - the practice of exchanging signature pages by email or fax in circumstances where a physical completion meeting is impracticable - are a fact of life in commercial transactions, including technology deals. However, the practice increases the potential for disputes over authority, authenticity and over the terms to which the parties have agreed. The Law Society recently issued guidance to help parties reduce these risks by building a more robust evidential trail. Not all practitioners agree with the guidance given in relation to deeds and real estate transactions - so parties should continue to take a cautious approach to virtual completions until a greater consensus is reached on these matters.
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Late payment in commercial contracts: supplier-friendly developments
A recent decision from the Court of Appeal on the application of the late payment legislation provides a topical reminder for businesses during the Credit Crunch. Meanwhile, the European Commission is proposing to tighten the rules in order to combat the culture of late payment, particularly in the public sector. We provide a reminder of the current rules and the issues contracting parties need to be aware of.
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Public procurement: OGC launches new guide for major project delivery and outlines further updates to model terms
In March the Office of Government Commerce (the "OGC") launched a new guide entitled "A Formula for Success: Procurement effectiveness in major project delivery." The guide follows the OGC's Good Practice Contract Management Framework published in December 2008 and is the latest in a series of measures from the OGC designed to promote the delivery of complex procurement projects on time, and to quality and cost.
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Data breach notification: latest on the EU proposals
EU proposals on new data breach notification laws have hit further delays, and the adoption process will drag on till the Autumn. We provide an update on the state of play, and analyse some of the practical issues which regulators and businesses will need to address as and when data breach notification filters down into UK law.
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Data protection: European Commission commences proceedings against the UK in relation to online behavioural advertising
In April the European Commission announced that it had opened infringement proceedings against the United Kingdom in relation to the implementation of the EU Directive on Privacy and Electronic Communications and in particular the UK's approach to the use of certain types of behavioural advertising technology by internet service providers.
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The information contained in this update is intended as a general review of the subjects featured and detailed specialist advice should always be taken before taking or refraining from taking any action.
