About TMT Law
Lexis®+ TMT is an online practical guidance product for contentious and non-contentious lawyers dealing with technology, media and telecommunications matters.
New technologies
Guidance for key emerging technologies, such as AI, NFTs, the Metaverse and autonomous vehicles, explaining both how the technologies work and the key legal regimes (existing and new) that apply to their operation.
Information technology
Core content for all TMT lawyers, this topic contains key 'go-to' precedents and practice notes at the route of most TMT related issues. Some of most popular areas are the software and cloud computing topics.
Outsourcing
Our content covers simple outsourcing transactions as well as those with a more complex structure, and the impact of hyperscalers and recognised market practice relating to the negotiation and drafting of affected terms.
Expertise
Whether you're advising on adtech, cookies or NFTs, Lexis+® TMT has the know-how and tools to help you succeed.
Latest TMT News
MLex: AI smart glasses from companies such as Meta and Snap are testing the reach of UK privacy rules. Existing laws can address many issues arising...
Ofcom has provisionally determined that there are reasonable grounds to believe Web Prime Inc (Web Prime) has failed to comply with sections 12 and...
MLex: European online marketplaces fear the draft European Product Act could make them frontline product-compliance enforcers, raising costs and legal...
The Advertising Standards Authority (ASA) has cautioned parents and carers about online advertisements for baby products and services following a...
Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the...
Latest TMT Practice Notes
Having an online presence is essential for most brands. Many advertise and sell their products online—on their own websites or via online marketplaces...
BackgroundThe Intellectual Property Enterprise Court (IPEC) is a sub-list of the general Intellectual Property List in the Business and Property...
Introduction to the Intellectual Property Enterprise CourtThe Intellectual Property Enterprise Court (IPEC) is a sub-list of the general Intellectual...
This Practice Note summarises the law, guidance and practice in relation to protecting consumers from unfair trading. It reviews the key aspects of...
For a high-level summary of the structure and hierarchy of civil courts in England and Wales, see: Courts and Tribunals Judiciary—Structure of Courts...
Latest TMT Precedents
_____________________________________[DRAFT ]SETTLEMENT AGREEMENT (for settling disputes post-commencement of proceedings)[WITHOUT PREJUDICE AND...
This Agreement is made on [date]Parties1[Customer] a company incorporated in [England] with registered number [company number], whose registered...
This Agreement is made on [date] (the Commencement Date)Parties1[insert name of supplier] [of OR a company incorporated in [England and Wales] under...
This Agreement is made on [date]Parties1[insert name of Client] [of OR a company incorporated in [England and Wales] under number [insert registered...
Please read the following important terms and conditions, together with our Privacy Policy [insert link to policy][ and Fair Use policy [insert link...
Latest TMT Q&As
Featured TMT content
What are perpetual, irrevocable and royalty-free licences?
Reputational damage claims—alternative causes of action
Reputational damage claims—alternative causes of actionThis Practice Note considers the relationship between causes of action for reputational damage...
Defamation
DefamationThe tort of defamation is governed by a mixture of statute and common law. The relevant statutory law is contained in:•the Defamation Act...
Software escrow
Software escrowIntroductionEscrow is the process of two or more parties placing property or instruments in the hands of a trusted third party (an...
Defamation—limitation
Defamation—limitationThe ordinary time limit for defamation and malicious falsehood claimsA claimant must commence a claim for defamation within one...
Defamation and malicious falsehood—publication
Defamation and malicious falsehood—publicationThis Practice Note examines the role of publication in an action for defamation or malicious falsehood....
Defamation—defences
Defamation—defencesDefencesThere are a number of substantive defences to a defamation claim, the majority of which are now, since the Defamation Act...
Malicious falsehood
Malicious falsehoodThis Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no...
Defamation and social media
Defamation and social mediaThe internet and, in particular, social media is a high risk area for defamation litigation. Content posted on blogs,...
Websites—compliance requirements
Websites—compliance requirementsConsideration of electronic data interchange (EDI) arrangements, blockchain, smart contracts or sector-specific laws...
Deepfakes
DeepfakesThis Practice Note considers the following legal issues, technical information and applications of deepfakes:•What is a deepfake?•How...
Does the Unfair Contract Terms Act 1977 apply to business-to-business contracts and to what extent might it restrict a contract term permitting variation of terms and conditions on notice?
Notice and take-down letter—defamation
Notice and take-down letter—defamationAddress of Website OperatorDear [insert organisation name]Notice and take-down letterWe act for [insert client...
What do the words ‘defend, indemnify and hold harmless’ mean?
Using framework agreements for services
Using framework agreements for servicesFramework agreements (sometimes referred to as master services agreements) are essentially umbrella agreements...
Do you have a letter of claim (cease and desist) letter for slander damaging professional reputation?
Copyright in films and television programmes
Copyright in films and television programmesFor the purposes of copyright law the term 'film' means a recording, on any medium, from which a moving...
Television format rights
Television format rightsWhat is a television format?A television format is a concept or idea for a television programme or series of programmes...
Associated legal terms
Cloud washing
The repositioning of non-cloud services to the cloud. Sometimes used pejoratively where the repositioned service is not truly a cloud–based product but has been labelled as such for marketing purposes.
Indecency
Indecency describes conduct, images or communications that offend prevailing standards of sexual propriety, without necessarily amounting to obscenity or explicit sexual activity. It is a contextual concept, assessed objectively by reference to contemporary community standards, the audience, and the circumstances of publication or behaviour.
In England and Wales and Northern Ireland, “indecent” appears in numerous statutes and common law offences, including historic indecent assault, indecent exposure, indecent images of children, and offences concerning indecent displays or publications. The term is not usually exhaustively defined in legislation; courts interpret it case by case.
In Scotland, indecency underpins common law and statutory sexual offences (for example, shameless indecency historically, and offences involving indecent communications or display), again determined by judicial assessment of what is objectively indecent.
In Ireland, the concept similarly features in offences relating to indecent assault (now largely replaced by specific sexual offences), indecent images and indecent display or publication, with meaning developed through case law.
Across all four jurisdictions, indecency is significant in criminal liability, regulation of sexual expression and content, and professional discipline where sexually inappropriate conduct is alleged.
Software as a service (SaaS)
SaaS is a service under which multiple customers gain access, usually through the internet, to what is typically the same software application. The application itself is physically deployed on servers owned or controlled by the supplier. This can be contrasted to ‘on-premise’ or ‘deployed’ software under which the application is installed on the customer’s own computer or infrastructure. The US National Institute of Standards and Technology (NIST) provides some basic descriptions of the cloud services. NIST describes SaaS as follows: ‘The capability provided to the consumer is to use the provider’s applications running on a cloud infrastructure. The applications are accessible from various client devices through either a thin client interface, such as a web browser (eg, web-based email), or a program interface. The consumer does not manage or control the underlying cloud infrastructure including network, servers, operating systems, storage, or even individual application capabilities, with the possible exception of limited user specific application configuration settings.’ Examples of SaaS in the consumer market include: • webmail (eg Gmail) • social media (eg Facebook, Twitter and Instagram) • online gaming (eg Steam) The range of SaaS provided for use by organisations is vast, and includes: • customer relationship management (eg SalesForce) • productivity tools (eg Microsoft Office 365) • expense management (eg Concur) • payroll management (eg ADP) • collaboration (eg Asana) Many SaaS products usually permit a limited amount of customisation as part of the in-built functionality of the service. Anything beyond this, such as source code modification for a particular customer, is rare (other than in relation to private cloud) as it negates the benefits of a one-size-fits-all solution.
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