Sector

Online

The team advises on web and online legal issues, including: online trading terms and conditions for supply of goods, services and digital information; advice on online laws and regulations such as Distance Selling Regulations and E-Commerce Regulations; privacy statements/policies; website terms of use; website legal audits; web development agreements; web hosting agreements; linking, pay-per-click, affiliate and online advertising agreements. We also provide other ancillary advice, such as advice on online defamation and policies for take-down of offending material and incorporation of terms and conditions.

Key team contacts

Mark Weston
020 7842 3334
mark.weston@mablaw.com

Paul Gershlick
01923 208816
paul.gershlick@mablaw.com

Latest news and views about Online

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Government announces action against payment card surcharges

27 January 2012 | Simon Weinberg

Following the Office of Fair Trading’s response to a super-complaint by the consumer watchdog “Which?” in relation to payment surcharges in the transport industry, HM Treasury and the Department...

Tags on this discussion: BIS card payment consumer payment consumers credit card credit card payment debit card debit card payment Department for Business Innovation and Skills form of payment Government illegal Internet misleading misleading surcharges Online online content payment surcharge retail retail sectors surcharge transport transport industry unlawful web web site web sites Website website content websites which?

European Commission to consult over website take-down procedures

19 January 2012 | Paul Gershlick

The European Commission is going to consult this year over take-down procedures for websites. Under the Electronic Commerce Directive, websites have no liability for illegal content that they host as long...

Tags on this discussion: e-commerce E-Commerce Directive E-Commerce Regulations electronic commerce (EC directive) regulations Electronic Commerce Directive EU EU Directive European Commission European Union Directive illegal illegal website content Internet Internet use Internet user On-line Online online content take-down take-down policies take-down policy UGC unlawful user-generated content web web content web postings web site web sites Website website content websites

Sussex hospital facing £375,000 fine after hard drives with thousands of patient data ended up on eBay

13 January 2012 | Paul Gershlick

Following on from the Information Commissioner Office targeting the health sector for enforcement action for breaches of the Data Protection Act, the ICO has written to Brighton General Hospital proposing...

Tags on this discussion: data data breach data breaches data controller data loss data processor data protection data protection act Data Protection Act 1998 data protection directive data protection laws Data Provider data security data subject data theft databases DPA eBay fine health healthcare ICO illegal Information Commissioner Information Commissioner's Office Information Commissioner’s Office IT misuse of data National Health Service NHS On-line Online online content personal data pharma pharmaceutical sector sensitive personal data subcontractor unlawful web web postings web site web site content web sites website content websites

Protecting “Look and Feel” in Apps

11 January 2012 | Ted Mercer

Two of the problems that occur most frequently in assisting people who design and implement applications for phones and tablets relate to difficulties in protecting the “look and feel”. The look...

Tags on this discussion: app confidence copyright mobile phone Nova v Mazooma SAS v WPL technology telecommunications

NFC stickers – electronic payment, e-money and new technology

11 January 2012 | Ted Mercer

I have noticed another news item mentioning that the European Commission has answered another “question from a colleague” about the Electronic Money Directive and its application. The Commission...

Tags on this discussion: e-money electronic money Electronic Money Directive Electronic Money Issuance Rules European Commission NFC stickers RFID

Employee claims constructive dismissal after resigning following his uploading of CV onto LinkedIn

6 January 2012 | Paul Gershlick

An employee of BG Group has claimed constructive dismissal after resigning following a row over his uploading of his CV onto LinkedIn, the business social networking website. The human resources professional...

Tags on this discussion: breach breach of confidentiality confidential confidential information confidentiality constructive dismissal data database database right database right infringement databases employ employee Employees employer Employers Employment Employment issues Internet Internet use IT IT and Internet use policy misuse of data On-line Online online content social network social networking social networking site social networking website social networks web web content web postings web sites Website website content

ICO gives verdict on implementation of new cookies rules: websites must do better

23 December 2011 | Paul Gershlick

The Information Commissioner’s Office – the UK’s data protection regulator - has given a damming report on websites’ implementation of new cookies laws, under which website users must receive clear...

Tags on this discussion: consent cookie cookie consent cookie law cookies cookies consent cookies policy cookies statement data data controller data protection data protection act Data Provider DPA e-privacy eprivacy ICO Information Commissioner Information Commissioner's Office Information Commissioner’s Office On-line Online personal data privacy Privacy and Electronic Communications (EC Directive) (Amendment) Regulations privacy and electronic communications (ec directive) regulations Privacy and Electronic Communications Directive privacy and electronic communications regulations privacy issues privacy policy privacy principles privacy statement web web content web site web sites Website website content

Ticket exchange website loses as Court of Appeal orders disclosure of information about sellers for sale of tickets above face value – RFU v Viagogo, Court of Appeal

23 December 2011 | Paul Gershlick

A ticket exchange website has been ordered to hand over to the Rugby Football Union details of people who have sold on its site England rugby tickets for above the ticket’s face value. Sales above face...

Tags on this discussion: B2C business-to-consumer consumer agreement consumer agreements consumer contract consumer contracts consumer law consumer laws Court of Appeal data data protection data protection act Data Protection Act 1998 data protection law data protection laws disclose disclosure DPA High Court Norwich Pharmacal Order On-line Online online content online trading personal data privacy Sport trespass trespasser trespassing web web content web site web sites Website website content websites

Google not liable for allegedly defamatory comments posted on its hosted service when brought to its attention as they were still disputed by the author – Davison v Habeeb and Google, High Court

20 December 2011 | Paul Gershlick | 1 comment

Google was not liable for allegedly defamatory comments posted about Davison on Google’s hosted service at blogger.com, despite the online service giant having kept the comments up even after being told...

Tags on this discussion: defamation defamatory e-commerce E-Commerce Directive E-Commerce Regulations electronic commerce (EC directive) regulations Electronic Commerce Directive High Court host hosting Internet service provider libel libellous libelous On-line Online online content take-down take-down policy web web content web postings web site web sites web-host webhost Website website content websites

Government seeks views on disabled’s use of websites

20 December 2011 | Paul Gershlick

The Government has set up a web-based forum to seek the views and comments of disabled users as to problems they experience when they use websites. The Government is also asking them what laws and regulations...

Tags on this discussion: DDA disability disability discrimination Disability Discrimination Act On-line Online online content W3C web web content web site web sites Website website content websites World Wide Web Consortium

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