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Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Cloud computing—key legal issues

This Practice Note considers the following legal and commercial issues relating to cloud services:•Due diligence•Contract documents•Service

Deeds

Under English law legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which a

Copyright infringement

The Copyright, Designs and Patents Act 1988 (CDPA 1988) gives the copyright owner exclusive rights in the UK to carry out various acts in relation to

Practice notes

Trade secrets and confidential information—protection and enforcement

Introduction to the laws protecting confidential information and trade secrets in the UKHistorically, the UK had no statutory regime to address the...

Produced in partnership with William Smith of Bird & Bird LLP 23rd Oct

In-house

Practice notes

The Data Protection Act 2018

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

19th Oct

Brexit

In-house

Practice notes

UK GDPR and EU GDPR—sanctions and enforcement

Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK...

19th Oct

Practice notes

Data portability

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

Produced in partnership with Alex Brown of Simmons & Simmons 19th Oct

Precedents

Standard contractual clauses—set II—controller to controller (Model Clauses)

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

16th Oct

Practice notes

Brexit—implications for data protection

This Practice Note discusses the impact of Brexit on the general processing of personal data under the General Data Protection Regulation, Regulation...

16th Oct

Brexit

In-house

Practice notes

Applications for interim injunctions for breaches of privacy

This Practice Note should be read in conjunction with Practice Notes: Privacy law—misuse of private information and Privacy law—remedies.Coronavirus...

Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB and Daniel Bishop 16th Oct

Practice notes

Misuse of private information and related claims

The tort of misuse of private information is the principal cause of action relied upon to protect privacy rights, at least against defendants who are...

Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB 15th Oct

Practice notes

Cookies

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

28th Sep

Practice notes

The Network and Information Systems Regulations 2018

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

26th Sep

Practice notes

Privacy law—misuse of private information

The tort of misuse of private information is focused on 'the protection of human autonomy and dignity—the right to control the dissemination of...

26th Sep

Precedents

Anti-bribery clause

1 Anti-bribery—short form—pro-customer Bribery Laws means the Bribery Act 2010[ and associated guidance published...

26th Sep

Practice notes

Adtech and programmatic advertising

This Practice Note provides an overview of the adtech ecosystem and the programmatic buying and selling of online display advertising. It considers...

26th Sep

Practice notes

Applying block exemptions to IP agreements

Intellectual property (IP) agreements relating to, for example, licensing of technology and for the joint development of new technology, may have a...

25th Sep

Practice notes

Consent under the GDPR

The General Data Protection Regulation (the GDPR), Regulation (EU) 2016/679 was published in the Official Journal of the EU on 4 May...

25th Sep

Most recent Confidential information content

Practice notes

Practical steps to protect or obtain access to confidential information

In briefThis Practice Note supplements the Practice Note: Trade secrets and confidential information—protection and enforcement, which identifies when...

25th Sep

Practice notes

Confidential information, privacy and injunctions

While there are other remedies available to claimants in breach of confidence cases, an injunction preventing publication of the relevant information...

25th Sep

Practice notes

Image rights—protection, exploitation and taxation

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...

Produced in partnership with JJ Shaw of Lewis Silkin LLP and Alex Kelham of Lewis Silkin LLP 26th Sep

Precedents

Confidential information definition

Confidential Information—mutual ‘Confidential Information’ means all information of a confidential nature (in whatever form)...

26th Sep

Precedents

Confidentiality—training materials

These training materials contain template PowerPoint slides and associated notes for use by a trainer when outlining the law relating to the...

26th Sep

Precedents

Confidential information definition—short form

Confidential Information ...

26th Sep

Precedents

Confidentiality clause—short form

1 ...

26th Sep

Precedents

Letter of claim—breach of confidence

[Insert name and address of recipient]Dear [insert organisation name],[Name of client] and confidential information1We are instructed by [insert name...

26th Sep

Precedents

Confidentiality clause

1 Confidentiality clause—mutual—using in-clause definitions Authorised Persons has the meaning given to it in clause...

26th Sep

In-house

Practice notes

Managing a breach of confidentiality or information security

Many companies and government bodies (such as HMRC) have been exposed to loss of confidential information and many other breaches of confidentiality...

26th Sep

Precedents

Confidentiality agreement—corporate joint venture

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

26th Sep

Q&As

Is there a fiduciary relationship between a buyer and seller of goods?

Fiduciary relationshipsCertain specific relationships automatically give rise to a fiduciary duty—these include trustee and beneficiary (see Practice...

28th Sep

Q&As

Where an agreement contains a confidentiality clause in favour of one party only, can the contractual relationship as a whole imply a common understanding of the confidential nature of the other party, notwithstanding the clause itself?

Lexis®PSL Commercial carries a suite of content on confidentiality within the topic: Confidential information.Generally speaking, case law refers to...

28th Sep

Q&As

Do you have a non-disclosure agreement (NDA) for use with a consultant?

Our Consultancy services—overview contains general information on consultancy services.Our Practice Note on confidentiality includes the...

28th Sep

Q&As

In a B2B contract for the sale of goods incorporating software, can you exclude the right of the buyer to reverse engineer the goods for the buyer's own repair purposes and prevent the buyer selling reverse engineered goods in competition with the seller? Can you stop the buyer using confidential information supplied with the goods to facilitate reverse engineering?

This Q&A covers the situation where:•the goods in question are not protected by a patent or otherwise protected by registered intellectual property...

Produced in partnership with Ashley Roughton of Ipchambers.eu 28th Sep

Q&As

What is the position in relation to translated documents in the context of legal advice privilege?

Legal Professional PrivilegeThe core aim of privilege is to protect the confidentiality of communications between clients and their lawyers. The right...

28th Sep

Q&As

When negotiating an NDA with a potential business partner which operates via two trading entities, which entity should be a party to the NDA?

This Q&A focuses on the protection of confidential information involving more than one entity in either the disclosing group or the recipient...

28th Sep

Q&As

If the name of a third party supplier is disclosed under a non-disclosure agreement (NDA), is it a breach of the NDA for the recipient to contract with the named supplier directly?

Non-disclosure agreemntsThe purpose of a non-disclosure agreement (NDA) would be for the two parties to share confidential information or to keep...

28th Sep

Q&As

What is the standard length of a non-disclosure agreement? Is there an unreasonable duration?

Length of the term of the NDAIn relation to the term of the non-disclosure agreement (NDA), this will quite simply be the term which is necessary to...

28th Sep

Q&As

When negotiating an NDA, does the choice of jurisdiction have to be in the recipient’s interests or can the disclosing party choose it?

As a matter of principle, the choice of jurisdiction is a matter for negotiation between the parties.The purpose of a jurisdiction clauseThe purpose...

28th Sep