The following TMT practice note produced in partnership with Toby Headdon of Bristows and Hannah Crowther of Bristows provides comprehensive and up to date legal information covering:
This Practice Note explains the manner in which intellectual property and certain other rights, as well as data protection obligations, apply in the context of web crawling, indexing, caching and scraping on the web, with specific regard to the perspective of a website operator. It covers:
Online operations following IP completion day
An explanation of the terminology
Legal issues—copyright infringement
Legal issues—database right infringement
Legal issues—data protection
Compliance with the Robot Exclusion Protocol and/or instructions in metatags
Computer Misuse Act 1990
Although, for the most part, EU legislation relevant to crawling, indexing, caching and scraping is retained in the UK as retained EU law, the end of the transition period is significant for UK businesses with online operations in the EU. In addition to the UK becoming a third country and no longer a Member State, to the extent that the adopted UK position diverges from EU law or there is further deregulation in the future, the compliance burden for UK organisations operating online will increase.
The ‘country of origin’ principle, established by Directive 2000/31/EC, the EU E-Commerce Directive, and providing, in summary, that an online service provider established in a Member State and complying with its own national laws can provide services across the EU, will not apply to the UK from 1 January 2021. As
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BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
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