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PRACTICE NOTES
This Practice Note provides an overview of the most common website terms, notices and policies used in digital commerce. This includes an explanation of the terms of use for the website, acceptable use policies, privacy notices, cookie notices, copyright notices and information about the provider which will be applicable to both business-to-business (B2B) and business-to-consumer (B2C) digital traders. In addition, it considers consumer review policies, which are essential for a vast number of B2C digital traders, as well as email notices and disclaimers. For more information on website compliance generally, see Practice Note: Websites—compliance requirements and also: Key compliance issues for a digital commerce website—checklist. An introduction to website terms, notices and policies Websites are rarely governed by a single, self-contained contract. In practice, the legal framework of a website is a layered matrix of terms, notices and policies used across the customer journey, including the supplier’s terms of sale and/or subscription provisions, general terms of use, acceptable use, review policies, returns and complaints policies, privacy and cookie notices, as well as copyright notices and
PRACTICE NOTES
Background This Practice Note provides a high-level summary of key themes of comparison between the UK and EU digital market competition regimes. Specifically, this Practice Note compares the regulatory frameworks under the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector and amending Directive (EU) 2019/1937 and Directive (EU) 2020/1828, the EU Digital Markets Act (or EU DMA). What’s happening in the UK? Online platforms and digital advertising have been the subject of significant regulatory scrutiny across the UK, EU and further afield, including the USA and Australia. While digital markets can deliver substantial benefits for consumers and economies, much of this scrutiny uncovered a lack of competition caused by the small number of powerful digital firms that operate in the market. In the UK, this resulted in calls for stronger enforcement powers and pre-emptory tools to enable swifter intervention. This culminated in DMCCA 2024, Part 1 of which contains new regulatory functions conferred on the Competition and Markets Authority (CMA) in respect of digital markets.
GLOSSARY
‘Digital content’ is defined as data which are produced and supplied in digital form. Recital (19) of the EU CRD suggests that this would include, for example, computer programs, apps, games, music, videos or texts, irrespective of whether they are accessed via downloading or streaming.
NEWS
Employment analysis: With smartphones and digital platforms embedded in our day to day lives, more employees are struggling with behavioural addictions. Jen Kingsmill & Charlotte Morgan of Lewis Silkin explore the legal and practical challenges for employers.
NEWS
Corporate Crime analysis: Digital evidence is increasingly used in court cases, as more communication occurs over smart phones and social media sites. However, many forms of digital evidence involve informal language and ambiguous tone—such as text messages and chat apps—raising the question of how practitioners should engage with these forms of evidence and avoid misinterpretation impacting their case. Peter Sommer, Professor of digital forensics at Birmingham City University who has acted as an expert witness over the last 25 years, discusses the opportunities for practitioners in using digital evidence to support their case, the challenges with accessing it, and how to avoid misinterpretations from ‘slang’ in criminal cases and civil litigation.
PRACTICE NOTES
What is digital health? Digital health is an umbrella concept that describes the use of information and communication technologies to improve the prevention, diagnosis, treatment, monitoring and management of health conditions and lifestyle-habits that impact health. The advent of digital health marked the convergence of the health and technology sectors, and the start of a transition away from traditional provider-centric healthcare delivery models that rely on a ‘one size fits all’ approach, towards a personalised and patient-centric approach. This Practice Note examines the data protection considerations in three digital health use cases: (i) wearables; (ii) the use of artificial intelligence (AI) in medical diagnostics; and (iii) digital health records. As opposed to mobile health, or mHealth, which is limited to healthcare provided via mobile devices, digital health is broader. It includes other forms of modern healthcare models
PRACTICE NOTES
This Practice Note considers the regulation of ‘mHealth’ software products (including apps), with an emphasis on medical device software in the EU, while touching on the regulatory landscape of mHealth software products in Great Britain (GB) and the UK as well. The Practice Note sets out an overview of medical device regulation, health and social care regulation, product safety and consumer protection laws, and data protection and privacy requirements as they relate to mHealth software products. What is mHealth? Medical software, including mHealth, is a term used to describe a wide spectrum of healthcare services that are provided with the support of information and communication technology, often referred to as eHealth or digital health services. Such digital health services are becoming an increasingly prominent component of healthcare systems across the EU and globally. Specifically, mHealth (or ‘mobile health’) refers to the use of portable and smart devices such as mobile phones, smart watches, and other wearable technology, for the provision of healthcare services,
NEWS
The European Commission has confirmed that, from 22 October 2024, digital identity verification for all suppliers registering their product models in the European Product Registry for Energy Labelling (EPREL) will become mandatory. The verification requirement under Commission Implementing Regulation (EU) 2024/994 will help guarantee the quality, reliability and usefulness of the information provided via the EPREL database, and will mean that unverified suppliers will no longer be able to register products, and any products placed on the market by unverified suppliers after 22 October 2024 will not appear in general searches in the EPREL database.
GLOSSARY
Last inland exchange for outgoing international calls and first inland exchange for incoming international calls. Calls are switched at the DISC for onward conveyance internationally or nationally.
GLOSSARY
Similar to DMSU (digital main switching unit) but used mainly for connecting calls around major conurbations.
GLOSSARY
The telephone exchange to which customers are directly connected, often via a remote concentrator unit.
GLOSSARY
A tandem exchange primarily used for connecting calls between DLEs (digital local exchanges).