EMI v UPC. THE DECISION AND CONSEQUENCES FOR IRISH ISPs AND COPYRIGHT HOLDERS

Size: px
Start display at page:

Download "EMI v UPC. THE DECISION AND CONSEQUENCES FOR IRISH ISPs AND COPYRIGHT HOLDERS"

Transcription

1 EMI v UPC THE DECISION AND CONSEQUENCES FOR IRISH ISPs AND COPYRIGHT HOLDERS Sally-Anne Hinfey, DFMG Solicitors, IE 1 Introduction EMI v UPC 2 is a particularly controversial intellectual property judgment which the Irish High Court issued in October The case involved the music company EMI as Plaintiff and the Irish telecom and internet service provider UPC as Defendant. The case presented several questions regarding the legal interpretation of the Irish Copyright and Related Rights Act 2000 ( the Irish Copyright Act ) and the limits of Internet Service Provider ( ISP ) liability for copyright infringement. The decision details the various technologies available to assist in the detection of online copyright theft including DtecNet (which is the system currently being used by Irish telecom provider Eircom in implementing a three strikes protocol). This system allows rightsholders to identify an IP address which corresponds to an internet user who has employed peer to peer technology to facilitate unauthorised/unlawful downloads or file sharing. The judgment also indicated that Irish copyright legislation currently does not provide appropriate remedies for copyright owners in respect of online infringement of their rights. The case also examined the mere conduit defence provided for in the E-Commerce Directive 2000 which has so often been relied upon in recent times by ISPs. 3 Legislative Background The issue of ISP liability for copyright infringement was addressed in the InfoSoc Directive (at Recital 27) 4 which provides that: The mere provision of physical facilities for enabling or making a communication does not in itself amount to communication within the meaning of this Directive. The Irish Copyright Act, at Section 40(3), purported to address this same issue and was intended to ensure that Irish law was in line with the provisions of the InfoSoc Directive. S.40(3) provides that: the provision of facilities for enabling the making available to the public of copies of a work shall not of itself constitute an act of making available to the public of copies of the work. 5 Both the terms of the InfoSoc Directive and the provisions of Section 40(3) of the Irish Copyright Act are then bolstered by the mere conduit exception in the E-Commerce Directive (at Article 12). 6 The E-Commerce Directive provides that: Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, Member States shall ensure that the service provider is not liable for the information transmitted This exemption is conditional the service provider: (a) not initiating the transmission; 7 (b) not selecting the receiver of the transmission; 8 and (c) not selecting or modifying the information contained in the transmission. 9 It was the provisions of both Section 40 of the Copyright Act and Article 12 of the E- Commerce Directive (as introduced into Irish law in SI 68/2003) which were to the fore in the EMI v UPC case and I will examine the judgment in the EMI v UPC case in some greater detail below. ECTA Secretariat, Rue des Colonies 18/24, 9th Floor, BE- Brussels, Belgium Tel 32/ Fax 32/ ecta@ecta.org Internet A company limited by guarantee. Reg. in England and Wales No Reg. address: 15 Southampton Place, London WC1A 2AJ, England. VAT No. BE

2 Case Background EMI v Eircom 11 The Irish High Court had previously dealt with a similar case to that of EMI v UPC during the trial between EMI Records (Ireland) Limited and Eircom Limited 12 ( the Eircom Case ) which was before the Court in less than a year before the UPC proceedings were initiated. Unfortunately, the Eircom case never came to trial due to the fact that the parties reached a settlement. This controversial settlement agreement required Eircom (the country s largest telecom provider) to implement a three strikes policy. This involved the identification of unlawful downloaders online by an IP address specific to the particular telecom customer paying for the internet connection used to make the download. EMI was to use DetecNet technology to identify these IP addresses which are then notified to Eircom who is contractually bound to notify customers (identified by their IP address) that they have been detected unlawfully downloading copyright materials. Eircom was to notify customers each time they are detected in this way and on the third notification temporary restrictions are placed on that particular customer s internet connections. The Court was asked, as a consequence of the settlement in the Eircom Case, to determine compatibility of the settlement provisions with the Data Protection Acts ( the Data Protection Acts ). The Irish Data Protection Commissioner set out several concerns regarding the settlement provisions in a letter. Justice Charlton held that the settlement provisions would not affect that Eircom customer s right to privacy under the Irish Constitution and would not be in breach of the terms of the Data Protection Acts. 13 In an earlier judgment in 2009, Justice Charlton also granted an order against Eircom obliging it, pursuant to the settlement agreement, to block access to The Pirate Bay website (which is a website offering file sharing software to permit users to download copyright content). 14 In that judgment Mr. Justice Charlton analysed the wording of Section 40(4) of the Irish Copyright Act. This provides that: where a person who provides facilities referred to in that subsection [40(3)] is notified by the owner of the copyright in the work concerned that those facilities are being used to infringe the copyright in that work and that person fails to remove that infringing material as soon as practicable thereafter that person shall also be liable for the infringement. 15 The Judge held at that time that the provisions of Section 40(4) must be read in light of the terms of the InfoSoc Directive and, in particular, Article 8(3) which provides that: Member States shall ensure that right holders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right. Accordingly, Justice Charlton ordered that Eircom block The Pirate Bay as he was of the view that such measures were envisaged pursuant to Section 40(4) of the Irish Copyright Act. The UPC Litigation After its victory in the Eircom Case, EMI wrote to other internet service providers including UPC who is the second largest ISP in Ireland after Eircom. Eircom requested that UPC agree to a similar three strikes protocol to that signed up to by Eircom under the settlement agreement. UPC refused to agree to implement a three strikes protocol. EMI then gave UPC notice (as required under Section 40(4) of the Irish Copyright Act 16 ) of the fact that its network was being used to infringe copyright in sound recordings. Within this notification, EMI detailed user names, IP addresses and dates when users were online and downloaded files. UPC again refused to participate in a three strikes protocol arguing that it was only a mere conduit and any such a protocol would seriously undermine its customer s right to privacy. Thereafter, EMI issued proceedings against UPC seeking an injunction obliging UPC to block access to Internet sites, to disable access, to interrupt a transmission over the Internet, to divert a transmission and to cut off Internet access in controlled circumstances. ECTA, June

3 The Judgment By way of preliminary argument, UPC produced expert evidence that the Dtecnet system (which Eircom proposed to use to pinpoint IP addresses) was not sufficiently accurate to operate effectively and might not always correctly identify UPC customers. Justice Charlton examined a number of technical solutions for detecting and monitoring unlawful file sharing. The primary solution put forward by EMI (the DtecNet technology) is used to search peer to peer files sharing networks on the Internet and identify copyright files being downloaded from these networks. DtecNet also downloads a copy of the file and identifies the IP address of the user who was undertaking the download. Normally such downloads will be performed using the file sharing software. EMI would provide UPC with a list of these IP addresses and EMI then expected UP to match these IP addresses to their customer data and contact customers who had been identified as downloading copyright material unlawfully. Mr. Justice Charlton rejected arguments that encryption and other methods of avoiding DtecNet would hinder the effectiveness of this system and he was, accordingly, satisfied that, based on the expert evidence before him, the Dtecnet system appeared to be most accurate means to detect unlawful file sharing over the internet. 17 The other solutions examined by the Judge were the Global File Registry and CopySense. The Global File Registry is a database of copyright files which are likely to be downloaded. The system then detects when any of these files are being searched online and the user is automatically redirected to a site where the file is lawfully available. CopySense technology, in use on campus in the University of Florida and also facilitated a variation of the three strikes policy. Although the Judge remarked on the success and potential of both systems, in his view, both solutions were still in need of further testing and development and as such he could not make an order for either system to be put in place. 18 UPC next argued that the remedy sought by EMI would infringe UPC s customers right to privacy and be a breach of citizens fundamental freedoms pursuant to the European Convention for the Protection of Human Rights. 19 Throughout the Judge s analysis of all the above technical solutions, he emphasised that they would not intrude upon the right to privacy on the internet (given that EMI could, at no time, use an IP address to identify an individual s name or address). On that basis, Mr. Justice Charlton upheld his previous decision that the three strikes protocol would not be a breach of the Irish data protection laws. 2 The Judge held that: Privacy is not infringed as the system simply reads numbers which identify the illicit nature of the transmission. Integral to that, I infer from the other evidence presented to the Court, is that a relevant computer address can also be recovered, as it is part of the transmission. There are, therefore, no privacy issues involved as no aspect of the system described involves the identification of a customer. 21 The Judge, furthermore, held that: If the response is a graduated one, as opposed to a blocking of communications merely on a basis of identifying its nature and the relevant IP number, no privacy implication arises. 22 The Judge opined that no personal data was available to EMI but rather that any resolution to the downloading activity identified at various IP addresses is achieved by the ISP (in this case UPC) addressing the matter directly with its customer. 23 Mere Conduits and Remedies The most interesting and anticipated element of the case was the examination of UPC s mere conduit defence and its defence that there was no injunctive relief of the sort sought by EMI available under Irish law. In particular UPC argued that an injunction could not be granted against it on a non-individualised basis (i.e. as regards un-quantified and unnamed customers) through an unverified, automated process. 24 ECTA, June

4 UPC argued that they could not be the subject of injunctive relief in circumstances where they did not facilitate EMI s procedure for identification and notification and/or disconnection of infringers on the UPC network because they were a mere conduit for their customers and exercised no control over the communications in question. Mr. Justice Charlton rejected a solution which involved outright blocking of websites offering peer to peer file sharing software (such as The Pirate Bay) and indicated that the use of such a severe remedy would inevitably lead to the infringement on the right of communication through the Internet. 25 It is likely that the Judge had in mind here the provisions of the Intellectual Property Enforcement Directive which provides that measures, procedures and remedies for the protection of intellectual property rights shall also be effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade. 26 The Judge concluded that to block peer to peer file sharing communications ab initio on the Internet would not be proportionate to the aim of preventing copyright infringement and might stifle the right to communicate lawfully over the Internet. The Judge examined the mere conduit defence in Article 12 of the E-Commerce Directive 27 and in particular the provisions which demand that the ISP must not select or modify the information contained in the transmission. 28 The Judge acknowledged that Recital 15 of the E-Commerce Directive provided that no monitoring obligations should be imposed on an ISP. However, the Judge held, without elaboration, that this Recital was irrelevant to the issues arising in the case in hand. The Judge did agree that UPC was a mere conduit and explained his reasoning as follows, with particular emphasis on the function of the deep packet inspection technology used by UPC: the technical processes involved in stop and start, in terms of ordering the packets of information and their transmission, and their analysis by deep package inspection is not the modification or selection of any information. Tacking on an advertisement to a transmission, or modifying it so that some of it is lost, as opposed to being transmitted slowly, would disable the mere conduit defence. 29 The Judge went on to explain that deep packet inspection technology was used merely to aid the proper transmission of data over the network rather than to facilitate a general search of information. The fact that UPC could, in theory, identify file numbers for copyright works and divert searches for those works to legal sites, was merely a normal use of deep packet inspection technology which did not result in a selection or modification of the data transmitted by UPC (according to the Judge). The decision therefore acknowledges that automatic functions are necessary to operate an internet service and distinguishes between those functions which are necessary for a basic service and those which are tacked on to added value internet services (e.g. sponsored advertising services). Accordingly, the mere conduit defence did present a genuine threat to the EMI case and the remedies sought. 3 However, the Judge held that by reason of Recital 45 of the E- Commerce Directive, the mere conduit defence did not prevent him from ordering injunctive relief against an ISP. Recital 45 of the E-Commerce Directive provides that: The limitations of the liability of intermediary service providers established in this Directive do not affect the possibility of injunctions of different kinds; such injunctions can in particular consist of orders by courts or administrative authorities requiring the termination or prevention (emphasis added) of any infringement, including the removal of illegal information or the disabling of access to it. 31 The Judge then examined the relevant legislation for the purposes of considering the Plaintiff s request for an order forcing UPC to implement a three strikes policy which would result in a customer s internet connection being disconnect for repeat offences. ECTA, June

5 The Judge was satisfied that the wording of Section 40(4) of the Irish Copyright Act did not contain language which was as broad as that of the E-Commerce Directive (above) which anticipates that authorities could order the termination or prevention of infringement. The Irish Copyright Act merely provides that any person providing the facilities for infringement, who fails to remove that infringing material upon request, may be liable as an infringer himself. 32 The language of Section 40(4) of the Copyright Act anticipated that infringing materials should be removed, where they are being made available, by the person who has provided the facilities for such making available. By reason of the expert evidence in the case an, the Judge was convinced that content available over the Internet could not be removed by an ISP unless that provider had access to the server or hard drive from which the originating material was communicated. Accordingly, the Judge concluded that the Irish Copyright Act did not provide for the relief sought by EMI, namely the injunction forcing UPC to either disconnect customers where they continually download or an order forcing UPC to block the particular websites which offer file sharing facilities. By reaching this conclusion the Judge was directly reversing his earlier decision in EMI v Eircom 33 where he held that an order to block The Pirate Bay was permissible under Irish law. The judgment demonstrates clear favour for the adoption of a legislative solution to the problems presented in the UPC case. The judgment sends a clear message that Irish legislation does not currently provide a satisfactory remedy for rightsholders as against online infringers and the Court was unwilling to fill the gaps in this legislation. Conclusions The Irish government is now facing pressure from the recording and music industry in Ireland and abroad and this will continue if it does not take action in relation to the perceived lacuna in the Irish law. The Director General of IRMA (The Irish Music Rights Association), Dick Doyle, has said in a press statement that IRMA reserves its right to seek compensation for the past and continuing losses from the State. 34 However, the government has said little on plans for rushed legislation. It is possible that the government may await the outcome of the current judicial review of the Digital Economy Act in the UK before taking any definitive action in relation to this matter. However, such hesitation will not prevent the Irish ISPs from eventually taking a similar challenge to any future Irish legislation introduced to deal with this problem of internet piracy. Irish legislation does not currently provide for any effective remedy requiring ISPs to block websites or restrict their customer s internet connection in a proportionate manner (or otherwise). The ISP is therefore currently shielded from any obligation to take action against internet piracy (except in circumstances where it has entered into a private agreement with the rightsholder as Eircom has done). Sally-Anne Hinfey DFMG Solicitors Embassy House Ballsbridge, Dublin 4 Ireland Tel: Fax: shinfey@dfmgsolicitors.ie Internet: ECTA, June

6 1 Sally-Anne Hinfey (BCL, PhD) is a law graduate with a PhD from University College Dublin which involved research in copyright and competition law. Sally-Anne is an Associate Solicitor with DFMG Solicitors in Dublin, Ireland. Sally-Anne advises on all aspects of intellectual property to include trade marks, designs, patents and copyright. She is also a registered trade mark agent and European trade mark and design attorney. For further discussion of this topic please also see the authors article: Blocking progress: the Irish High Court decision in EMI v UPC, JIPLP 10th May 2011 ( /jiplp/JPR049) 2 EMI Records (Ireland) Limited, Sony Music Entertainment Ireland Limited, Universal Music Ireland Limited, Court Case No. 2009/5472P, Unreported decision of Mr. Justice Charlton on 11 th of October 2010) 3 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market, Article 12 4 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society 5 Copyright and Related Rights Act, 2000, Part II, Chapter 4, Section 40(3) 6 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market, Article 12 7 Ibid, Article 12(1)(a) 8 Ibid, Article 12(1)(b) 9 Ibid, Article 12(1)(c) 1 S.I. No. 68/2003 European Communities (Directive 2000/31/Ec) Regulations EMI Records (Ireland) Limited v Eircom Limited (High Court Case No. 2008/1601P) 12 ibid 13 EMI Records (Ireland) Limited v Eircom Limited [2010] IEHC EMI (Ireland) Limited v Eircom Plc [2009] IEHC Copyright and Related Rights Act 2000, Part II, Chapter 2, Section 40(4) 16 Copyright and Related Rights Act, Part II, Chapter 2, Section 40(4) 17 EMI Records (Ireland) Limited, Sony Music Entertainment Ireland Limited, Universal Music Ireland Limited, Court Case No. 2009/5472P, Unreported decision of Mr. Justice Charlton on 11 th of October 2010), p Ibid, p See: The new Telecommunications Package has now been enshrined in two directives: Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws AND Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services. 2 EMI Records (Ireland) Limited v Eircom Limited [2010] IEHC Ibid, p.19 ECTA, June

7 22 EMI Records (Ireland) Limited, Sony Music Entertainment Ireland Limited, Universal Music Ireland Limited, Court Case No. 2009/5472P, Unreported decision of Mr. Justice Charlton on 11 th of October 2010), p Ibid, p EMI Records (Ireland) Limited, Sony Music Entertainment Ireland Limited, Universal Music Ireland Limited, Court Case No. 2009/5472P, Unreported decision of Mr. Justice Charlton on 11 th of October 2010), p EMI Records (Ireland) Limited, Sony Music Entertainment Ireland Limited, Universal Music Ireland Limited, Court Case No. 2009/5472P, Unreported decision of Mr. Justice Charlton on 11 th of October 2010), p Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, Article 3(2) 27 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market. 28 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market, Article 12(1)(c). 29 EMI Records (Ireland) Limited, Sony Music Entertainment Ireland Limited, Universal Music Ireland Limited, Court Case No. 2009/5472P, Unreported decision of Mr. Justice Charlton on 11 th of October 2010), p Ibid, p Ibid, Recital Copyright and Related Rights Act, 2000, Part II, Chapter 4, Section 40(4) 33 EMI (Ireland) Limited v Eircom Plc [2009] IEHC See: ECTA, June

ISP liability in Denmark

ISP liability in Denmark ISP liability in Denmark Clement Salung Petersen Assistant Professor, PhD Centre for Information and Innovation Law www.ciir.dk Dias 1 A Danish perspective on ISP liability ISP liability Mere conduit,

More information

Online Copyright Infringement. Discussion Paper

Online Copyright Infringement. Discussion Paper Online Copyright Infringement Discussion Paper July 2014 Introduction There are a number of factors that contribute to online copyright infringement in Australia. These factors include the availability

More information

Telefónica response to the consultation on the implementation of the Intellectual Property Rights Enforcement Directive

Telefónica response to the consultation on the implementation of the Intellectual Property Rights Enforcement Directive ID REGISTER: Telef05162 Telefónica response to the consultation on the implementation of the Intellectual Property Rights Enforcement Directive Telefónica welcomes the opportunity to comment on the findings

More information

Filtering for Copyright Enforcement in Europe after the Sabam cases

Filtering for Copyright Enforcement in Europe after the Sabam cases Filtering for Copyright Enforcement in Europe after the Sabam cases Stefan Kulk a, Frederik Zuiderveen Borgesius b a PhD Researcher, Centre for Intellectual Property Law (University of Utrecht) s.kulk[at]uu.nl

More information

ETNO Reflection Document on the future of electronic commerce in the internal market and the implementation of the e-commerce Directive

ETNO Reflection Document on the future of electronic commerce in the internal market and the implementation of the e-commerce Directive ETNO Reflection Document on the future of electronic commerce in the internal market and the implementation of the e-commerce Directive November 2010 Executive Summary ETNO welcomes the European Commission

More information

Supported by. World Trademark Review. Anti-counterfeiting. Poland. Contributing firm Patpol Patent & Trademark Attorneys.

Supported by. World Trademark Review. Anti-counterfeiting. Poland. Contributing firm Patpol Patent & Trademark Attorneys. Supported by World Trademark Review Anti-counterfeiting 2012 Poland Contributing firm A Global Guide Poland Contributing firm Authors Jaromir Piwowar and Bartek Kochlewski Legal framework Rights holders

More information

IP & IT Bytes. Copyright: website-blocking order against internet service providers

IP & IT Bytes. Copyright: website-blocking order against internet service providers June 2015 IP & IT Bytes First published in the June 2015 issue of PLC Magazine and reproduced with the kind permission of the publishers. Subscription enquiries 020 7202 1200. Copyright: website-blocking

More information

Standard conditions of the Electricity Distribution Licence

Standard conditions of the Electricity Distribution Licence Gas and Electricity Markets Authority ELECTRICITY ACT 1989 Standard conditions of the Electricity Distribution Licence Statutory Consultation: 29 April 2008 SECTION A: STANDARD CONDITIONS FOR ALL ELECTRICITY

More information

1999 No. 2083 CONSUMER PROTECTION. The Unfair Terms in Consumer Contracts Regulations 1999

1999 No. 2083 CONSUMER PROTECTION. The Unfair Terms in Consumer Contracts Regulations 1999 STATUTORY INSTRUMENTS 1999 No. 2083 CONSUMER PROTECTION The Unfair Terms in Consumer Contracts Regulations 1999 Made - - - - 22nd July 1999 Laid before Parliament 22nd July 1999 Coming into force 1st October

More information

Unjustified threats on intellectual property rights: Government Response

Unjustified threats on intellectual property rights: Government Response Unjustified threats on intellectual property rights: Government Response Intellectual Property Office is an operating name of the Patent Office Contents Ministerial foreword... 1 Executive summary...

More information

Securing safe, clean drinking water for all

Securing safe, clean drinking water for all Securing safe, clean drinking water for all Enforcement policy Introduction The Drinking Water Inspectorate (DWI) is the independent regulator of drinking water in England and Wales set up in 1990 by Parliament

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

Service Schedule for BT Business Lite Web Hosting and Business Email Lite powered by Microsoft Office 365

Service Schedule for BT Business Lite Web Hosting and Business Email Lite powered by Microsoft Office 365 1. SERVICE DESCRIPTION 1.1 The Service enables the Customer to: set up a web site(s); create a sub-domain name associated with the web site; create email addresses. 1.2 The email element of the Service

More information

I. Background information

I. Background information A clean and open Internet: Public consultation on procedures for notifying and acting on illegal content hosted by online intermediaries I. Background information 1. Please indicate your role for the purpose

More information

Cloud Hosting Terms and Conditions

Cloud Hosting Terms and Conditions 1 DEFINITIONS. 1.1 The following definitions shall apply in this Schedule. Any reference in this Schedule to "day" will be a calendar day. "Acceptable Use Policy" "Affiliate" "Cloud Services" "Customer

More information

MONMOUTHSHIRE COUNTY COUNCIL DATA PROTECTION POLICY

MONMOUTHSHIRE COUNTY COUNCIL DATA PROTECTION POLICY MONMOUTHSHIRE COUNTY COUNCIL DATA PROTECTION POLICY Page 1 of 16 Contents Policy Information 3 Introduction 4 Responsibilities 7 Confidentiality 9 Data recording and storage 11 Subject Access 12 Transparency

More information

Code Amendments Legal Advice Centres

Code Amendments Legal Advice Centres Code Amendments Legal Advice Centres The Bar Standards Board would like to make the following amendments to the Code of Conduct using the de minimus process if possible: 1) An amendment to rule 807 in

More information

Intermediary Liability and Website-Blocking in the EU. Jane C. Ginsburg Columbia University School of Law

Intermediary Liability and Website-Blocking in the EU. Jane C. Ginsburg Columbia University School of Law Intermediary Liability and Website-Blocking in the EU Jane C. Ginsburg Columbia University School of Law Moving Parts Rights: 2001 Infosoc Directive Art. 3.2: Making available right Art 8.3: right to injunctive

More information

2014 No. 2604 (L. 31) TRIBUNALS AND INQUIRIES. The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

2014 No. 2604 (L. 31) TRIBUNALS AND INQUIRIES. The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 S T A T U T O R Y I N S T R U M E N T S 2014 No. 2604 (L. 31) TRIBUNALS AND INQUIRIES The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 Made - - - - 24th September

More information

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY CIV-2012-409-002405 [2013] NZHC 801. NGAI TAHU JUSTICE HOLDINGS LIMITED Plaintiff

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY CIV-2012-409-002405 [2013] NZHC 801. NGAI TAHU JUSTICE HOLDINGS LIMITED Plaintiff IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY CIV-2012-409-002405 [2013] NZHC 801 BETWEEN AND NGAI TAHU JUSTICE HOLDINGS LIMITED Plaintiff THE ATTORNEY-GENERAL Defendant Hearing: 18 April 2013

More information

ECTA Position paper. November 27, 2015

ECTA Position paper. November 27, 2015 November 27, 2015 ICANN s Preliminary Issue Report on a Policy Development Process to review all Rights Protection Mechanisms (RPMs) in all generic Top-Level domains. ECTA, the European Communities Trade

More information

2.1 It is an offence under UK law to transmit, receive or store certain types of files.

2.1 It is an offence under UK law to transmit, receive or store certain types of files. Website Hosting Acceptable Use Policy 1. Introduction 1.1 Jarrett & Lam Consulting s Acceptable Use Policy for hosting customers to protect our resources, the resources of our customers and to ensure that

More information

ON APPEAL FROM: The Information Commissioner s Decision Notice No: FER0464481 Dated: 29 January 2013

ON APPEAL FROM: The Information Commissioner s Decision Notice No: FER0464481 Dated: 29 January 2013 IN THE FIRST-TIER TRIBUNAL GENERAL REGULATORY CHAMBER (INFORMATION RIGHTS) Appeal No: EA/2013/0037 ON APPEAL FROM: The Information Commissioner s Decision Notice No: FER0464481 Dated: 29 January 2013 Appellant:

More information

2015 No. 548 (L. 6) MENTAL CAPACITY, ENGLAND AND WALES. The Court of Protection (Amendment) Rules 2015

2015 No. 548 (L. 6) MENTAL CAPACITY, ENGLAND AND WALES. The Court of Protection (Amendment) Rules 2015 S T A T U T O R Y I N S T R U M E N T S 2015 No. 548 (L. 6) MENTAL CAPACITY, ENGLAND AND WALES The Court of Protection (Amendment) Rules 2015 Made - - - - 4th March 2015 Laid before Parliament 9th March

More information

ELECTRONIC COMMERCE DIRECTIVE, DIRECTIVE 2000/31/EC OF THE EUROPEAN PARLIAMENT AND

ELECTRONIC COMMERCE DIRECTIVE, DIRECTIVE 2000/31/EC OF THE EUROPEAN PARLIAMENT AND ELECTRONIC COMMERCE DIRECTIVE, DIRECTIVE 2000/31/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL * * * * THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Whereas: (1) The European Union

More information

Guidelines for VOIP Providers

Guidelines for VOIP Providers Guidelines for VOIP Providers Requirements for Directory Services Document No: 07/99 Date: 06 December 2007 An Coimisiún um Rialáil Cumarsáide Commission for Communications Regulation Abbey Court Irish

More information

Alternative Measures and illicit (P2P) file sharing: enforcement issues. Allard Ringnalda Willem Grosheide CIER

Alternative Measures and illicit (P2P) file sharing: enforcement issues. Allard Ringnalda Willem Grosheide CIER Alternative Measures and illicit (P2P) file sharing: enforcement issues Allard Ringnalda Willem Grosheide CIER Outline What are technical measures Why would we need them Three practical enforcement issues

More information

House Proposal of Amendment S. 7 An act relating to social networking privacy protection. The House proposes to the Senate to amend the bill by

House Proposal of Amendment S. 7 An act relating to social networking privacy protection. The House proposes to the Senate to amend the bill by House Proposal of Amendment S. 7 An act relating to social networking privacy protection. The House proposes to the Senate to amend the bill by striking all after the enacting clause and inserting in lieu

More information

QUT Intellectual property law and innovation research group

QUT Intellectual property law and innovation research group QUT Intellectual property law and innovation research group Submission to Senate Standing Committee on Legal and Constitutional Affairs on the Copyright Amendment (Online Infringement) Bill 2015. April

More information

Intellectual Property & Data Protection 2015: Legal developments you need to know about

Intellectual Property & Data Protection 2015: Legal developments you need to know about Intellectual Property & Data Protection 2015: Legal developments you need to know about Welcome This is a short guide to some of the key legal developments for intellectual property and data protection

More information

THE ANTI-SPAM REGULATORY POLICY FRAMEWORK FOR THE KINGDOM OF SAUDI ARABIA

THE ANTI-SPAM REGULATORY POLICY FRAMEWORK FOR THE KINGDOM OF SAUDI ARABIA Communications and Information Technology Commission THE ANTI-SPAM REGULATORY POLICY FRAMEWORK FOR THE KINGDOM OF SAUDI ARABIA Final Version 23/02/2008 Submitted to: Submitted By: Acceptance of Deliverable

More information

S. ll. To prevent online threats to economic creativity and theft of intellectual property, and for other purposes.

S. ll. To prevent online threats to economic creativity and theft of intellectual property, and for other purposes. TH CONGRESS ST SESSION S. ll To prevent online threats to economic creativity and theft of intellectual property, and for other purposes. IN THE SENATE OF THE UNITED STATES llllllllll Mr. LEAHY (for himself,

More information

The Supreme Court. Decision OFFICE TRANSLATION. Case no. rendered in Stockholm on April 4, 2016 Ö 849-15. Applicant. Stockholm District Court

The Supreme Court. Decision OFFICE TRANSLATION. Case no. rendered in Stockholm on April 4, 2016 Ö 849-15. Applicant. Stockholm District Court OFFICE TRANSLATION The Supreme Court Decision Case no. rendered in Stockholm on April 4, 2016 Ö 849-15 Applicant Stockholm District Court P.O. Box 8307 104 20 Stockholm Parties Claimant in the district

More information

ASYLUM AND IMMIGRATION TRIBUNAL

ASYLUM AND IMMIGRATION TRIBUNAL ASYLUM AND IMMIGRATION TRIBUNAL DM (Timing of funding application) Zimbabwe [2006] UKAIT 00088 THE IMMIGRATION ACTS Heard at: Field House Determination Promulgated: On: 24 October 2006 30 November 2006

More information

Privacy in the electronic communication sector: insights from the ISP industry

Privacy in the electronic communication sector: insights from the ISP industry Privacy in the electronic communication sector: insights from the ISP industry Innocenzo Genna Genna Cabinet Bruxelles FIA Conference Ghent, 16 November 2010 The opinions expressed in this presentation

More information

Comments of Verizon Communications on the Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters

Comments of Verizon Communications on the Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters Comments of Verizon Communications on the Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters Verizon Communications appreciates the opportunity to submit comments on

More information

DESCRIPTION OF THE MEDICINES FOR HUMAN USE (CLINICAL TRIALS) REGULATIONS 2004

DESCRIPTION OF THE MEDICINES FOR HUMAN USE (CLINICAL TRIALS) REGULATIONS 2004 DESCRIPTION OF THE MEDICINES FOR HUMAN USE (CLINICAL TRIALS) REGULATIONS 2004 Page 1 of 17 TABLE OF CONTENTS INTRODUCTION 4 EXECUTIVE SUMMARY 4 PUBLIC HEALTH BENEFITS 5 Good clinical practice 5 Good manufacturing

More information

The Employment Tribunals Rules of Procedure 2013

The Employment Tribunals Rules of Procedure 2013 The Employment Tribunals Rules of Procedure 2013 (as subsequently amended up to 17 th February 2015) This document shows the Employment Tribunal Rules of Procedure contained in Schedule 1 of the Employment

More information

Terms and Conditions. Acceptable Use Policy Introduction. Compliance with UK Law. Compliance with foreign law

Terms and Conditions. Acceptable Use Policy Introduction. Compliance with UK Law. Compliance with foreign law Terms and Conditions Acceptable Use Policy Introduction (hereafter called Hosted Developments) has created this Acceptable Use Policy (AUP) for hosting customers to protect our resources, and the resources

More information

GENERAL REGULATIONS Appendix 10 : Guide to Legislation Relevant to Computer Use. Approval for this regulation given by :

GENERAL REGULATIONS Appendix 10 : Guide to Legislation Relevant to Computer Use. Approval for this regulation given by : GENERAL REGULATIONS Appendix 10 : Guide to Legislation Relevant to Computer Use Name of regulation : Purpose of regulation : Approval for this regulation given by : Responsibility for its update : Regulation

More information

COMPLYING WITH THE E-COMMERCE REGULATIONS 2002

COMPLYING WITH THE E-COMMERCE REGULATIONS 2002 COMPLYING WITH THE E-COMMERCE REGULATIONS 2002 You should read this guide if you. advertise goods or services online (i.e. via the Internet, interactive television or mobile telephone) sell goods or services

More information

A clean and open Internet: Public consultation on procedures for notifying and acting on illegal content hosted by online intermediaries

A clean and open Internet: Public consultation on procedures for notifying and acting on illegal content hosted by online intermediaries A clean and open Internet: Public consultation on procedures for notifying and acting on illegal content hosted by online intermediaries Questions marked with an asterisk * require an answer to be given.

More information

LEAKED ACTA DIGITAL ENFORCEMENT CHAPTER

LEAKED ACTA DIGITAL ENFORCEMENT CHAPTER LEAKED ACTA DIGITAL ENFORCEMENT CHAPTER Frequently Asked Questions 1. Is the Anti-Counterfeiting Trade Agreement (ACTA) only about counterfeiting? No. Counterfeiting involves the production of fake goods

More information

Judicial Communications Office

Judicial Communications Office Friday 22 March 2013 COURT FINDS PRACTICE FOR DEALING WITH NON-PAYMENT OF FINES IS UNLAWFUL Summary of Judgment On Friday 22 March 2013, the Divisional Court delivered two judgments relating to five judicial

More information

TRANSCRIPT FROM THE RECORD OF JUDGMENTS OF THE MARITIME AND COMMERCIAL COURT IN COPENHAGEN RULING

TRANSCRIPT FROM THE RECORD OF JUDGMENTS OF THE MARITIME AND COMMERCIAL COURT IN COPENHAGEN RULING - PBA TRANSCRIPT FROM THE RECORD OF JUDGMENTS OF THE MARITIME AND COMMERCIAL COURT IN COPENHAGEN RULING given on 11 December 2014 A- 38-14 1) Fritz Hansen A/S 2) Louis Poulsen Lighting A/S 3) Carl Hansen

More information

EDRi s. January 2015. European Digital Rights Rue Belliard 20, 1040 Brussels www.edri.org @EDRi tel. +32 (0) 2 274 25 70

EDRi s. January 2015. European Digital Rights Rue Belliard 20, 1040 Brussels www.edri.org @EDRi tel. +32 (0) 2 274 25 70 EDRi s Red lines on TTIP January 2015 European Digital Rights Rue Belliard 20, 1040 Brussels www.edri.org @EDRi tel. +32 (0) 2 274 25 70 ABOUT EDRI European Digital Rights is a network of 34 privacy and

More information

Service Schedule for Business Email Lite powered by Microsoft Office 365

Service Schedule for Business Email Lite powered by Microsoft Office 365 Service Schedule for Business Email Lite powered by Microsoft Office 365 1. SERVICE DESCRIPTION Service Overview 1.1 The Service is a hosted messaging service that delivers the capabilities of Microsoft

More information

Ministry of Culture Training In cooperation with IP Key

Ministry of Culture Training In cooperation with IP Key Ministry of Culture Training In cooperation with IP Key Monday 31 August 2015, Zhengzhou, Henan COPYRIGHT ENFORCEMENT TRENDS IN THE EU & INTERNATIONALLY Overview Part 1 Threats to the creative industries

More information

PRIVACY POLICY. comply with the Australian Privacy Principles ("APPs"); ensure that we manage your personal information openly and transparently;

PRIVACY POLICY. comply with the Australian Privacy Principles (APPs); ensure that we manage your personal information openly and transparently; PRIVACY POLICY Our Privacy Commitment Glo Light Pty Ltd A.C.N. 099 730 177 trading as "Lighting Partners Australia of 16 Palmer Parade, Cremorne, Victoria 3121, ( LPA ) is committed to managing your personal

More information

Code of Practice on the discharge of the obligations of public authorities under the Environmental Information Regulations 2004 (SI 2004 No.

Code of Practice on the discharge of the obligations of public authorities under the Environmental Information Regulations 2004 (SI 2004 No. Code of Practice on the discharge of the obligations of public authorities under the Environmental Information Regulations 2004 (SI 2004 No. 3391) Issued under Regulation 16 of the Regulations, Foreword

More information

COMMISSION OF THE EUROPEAN COMMUNITIES GREEN PAPER

COMMISSION OF THE EUROPEAN COMMUNITIES GREEN PAPER EN EN EN COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 11.11.2009 COM(2009) 624 final GREEN PAPER on obtaining evidence in criminal matters from one Member State to another and securing its admissibility

More information

App Terms and Conditions!

App Terms and Conditions! 1. INTRODUCTION App Terms and Conditions Thank you for purchasing the App or Apps herein now referred to collectively or individually as (the App ). The App is published by or on behalf of Complexus (Pty)

More information

Supanet Terms and Conditions For Supanet Web Hosting Customers

Supanet Terms and Conditions For Supanet Web Hosting Customers THESE CONDITIONS (the "Conditions") APPLY TO YOUR PURCHASE AND USE OF THE SUPANET WEB HOSTING SERVICE. ALL OF THE TERMS THAT ARE AGREED IN RELATION TO YOUR PURCHASE AND USE OF SUPANET WEB HOSTING SERVICE

More information

LOW PAY/NO PAY WORK IN FILM & TELEVISION

LOW PAY/NO PAY WORK IN FILM & TELEVISION LOW PAY/NO PAY WORK IN FILM & TELEVISION YOUR RIGHTS AT WORK Low Pay/No Pay Work in Film & Television Note While every attempt has been made to ensure the accuracy of the contents of this leaflet, this

More information

Standard conditions of purchase

Standard conditions of purchase Standard conditions of purchase 1 OFFER AND ACCEPTANCE 2 PROPERTY, RISK & DELIVERY 3 PRICES & RATES The Supplier shall provide all Goods and Services in accordance with the terms and conditions set out

More information

STATUTORY INSTRUMENTS. S.I. No. 336 of 2011

STATUTORY INSTRUMENTS. S.I. No. 336 of 2011 STATUTORY INSTRUMENTS. S.I. No. 336 of 2011 EUROPEAN COMMUNITIES (ELECTRONIC COMMUNICATIONS NETWORKS AND SERVICES) (PRIVACY AND ELECTRONIC COMMUNICATIONS) REGULATIONS 2011 (Prn. A11/1165) 2 [336] S.I.

More information

Introduction. This answering guide has been prepared in order to make the task of responding to the questionnaire easier for citizens.

Introduction. This answering guide has been prepared in order to make the task of responding to the questionnaire easier for citizens. Introduction The European Commission launched a public consultation on the Intellectual Property Rights Enforcement Directive (IPRED) on 30 November 2012. IPRED is in force since 2004 and requires all

More information

ECTA Round Table Session Brand owner life before and after IP Translator Alicante, 21 February 2013

ECTA Round Table Session Brand owner life before and after IP Translator Alicante, 21 February 2013 Brussels, 28 February 2013 Brand owner life before and after IP Translator Alicante, 21 February 2013 Reported by Ewa Grabiak, ECTA Legal Coordinator, PL At the occasion of the annual ECTA-OHIM meeting,

More information

THE SUSTAINABLE ENERGY AUTHORITY OF IRELAND PURCHASE ORDER TERMS AND CONDITIONS OF PURCHASE

THE SUSTAINABLE ENERGY AUTHORITY OF IRELAND PURCHASE ORDER TERMS AND CONDITIONS OF PURCHASE THE SUSTAINABLE ENERGY AUTHORITY OF IRELAND PURCHASE ORDER TERMS AND CONDITIONS OF PURCHASE WHEREAS The Sustainable Energy Authority of Ireland (hereinafter called SEAI ) of Wilton Park House, Wilton Place,

More information

Data Protection Policy

Data Protection Policy Data Protection Policy CONTENTS Introduction...2 1. Statement of Intent...2 2. Fair Processing or Privacy Statement...3 3. Data Uses and Processes...4 4. Data Quality and Integrity...4 5. Technical and

More information

NSW COURT OF APPEAL DECISION SUPPORTS LITIGATION FUNDING MARKET

NSW COURT OF APPEAL DECISION SUPPORTS LITIGATION FUNDING MARKET NSW COURT OF APPEAL DECISION SUPPORTS LITIGATION FUNDING MARKET Introduction 1. The New South Wales Court of Appeal, in a unanimous Judgment on Thursday 31 March 2005, sent some clear messages to legal

More information

The Court of Protection Rules 2007

The Court of Protection Rules 2007 STATUTORY INSTRUMENTS 2007 No. 1744 (L. 12) MENTAL CAPACITY, ENGLAND AND WALES The Court of Protection Rules 2007 Made - - - - - 25th June 2007 Laid before Parliament 4th July 2007 Coming into force -

More information

AN BILLE UM CHOISTÍ THITHE AN OIREACHTAS (CUMHACHTAÍ FIOSRÚCHÁIN) 2010 COMMITTEES OF THE HOUSES OF THE OIREACHTAS (POWERS OF INQUIRY) BILL 2010

AN BILLE UM CHOISTÍ THITHE AN OIREACHTAS (CUMHACHTAÍ FIOSRÚCHÁIN) 2010 COMMITTEES OF THE HOUSES OF THE OIREACHTAS (POWERS OF INQUIRY) BILL 2010 AN BILLE UM CHOISTÍ THITHE AN OIREACHTAS (CUMHACHTAÍ FIOSRÚCHÁIN) 2010 COMMITTEES OF THE HOUSES OF THE OIREACHTAS (POWERS OF INQUIRY) BILL 2010 EXPLANATORY MEMORANDUM Purpose of Bill The purpose of this

More information

DOC NO: INFOSOC 52/14 DATE ISSUED: June 2014. Resolution on the open and neutral Internet

DOC NO: INFOSOC 52/14 DATE ISSUED: June 2014. Resolution on the open and neutral Internet DOC NO: INFOSOC 52/14 DATE ISSUED: June 2014 Resolution on the open and neutral Internet Introduction This resolution builds on the TACD net neutrality resolution of April 2010 1, which called for policies

More information

CCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION DIRECTIVE

CCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION DIRECTIVE Représentant les avocats d Europe Representing Europe s lawyers CCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION DIRECTIVE CCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION

More information

FIXED COSTS PART 45. Contents of this Part

FIXED COSTS PART 45. Contents of this Part FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount

More information

Terms and Conditions of Domain Name Registration

Terms and Conditions of Domain Name Registration Terms and Conditions of Domain Name Registration These conditions apply to all domain names administered by Nominet, and registrars are required to make their customers aware of them prior to registration

More information

EUROPEAN ECONOMIC AREA JOINT PARLIAMENTARY COMMITTEE. REPORT on E-Commerce and EEA legislation

EUROPEAN ECONOMIC AREA JOINT PARLIAMENTARY COMMITTEE. REPORT on E-Commerce and EEA legislation EUROPEAN ECONOMIC AREA 30 November 2000 Brussels JOINT PARLIAMENTARY COMMITTEE REPORT on E-Commerce and EEA legislation Co-rapporteurs: Ms. Marjo Matikainen-Kallstöm (EPP-ED, Finland) Mr. Vilhjálmur Egilsson

More information

2015 No. 2059 PROFESSIONAL QUALIFICATIONS. The European Union (Recognition of Professional Qualifications) Regulations 2015

2015 No. 2059 PROFESSIONAL QUALIFICATIONS. The European Union (Recognition of Professional Qualifications) Regulations 2015 S T A T U T O R Y I N S T R U M E N T S 2015 No. 2059 PROFESSIONAL QUALIFICATIONS The European Union (Recognition of Professional Qualifications) Regulations 2015 Made - - - - 17th December 2015 Laid before

More information

If you have any questions about any of our policies, please contact the Customer Services Team.

If you have any questions about any of our policies, please contact the Customer Services Team. Acceptable Use Policy (AUP) 1. Introduction Blue Monkee has created this Acceptable Use Policy (AUP) for hosting customers to protect our resources and the resources of our other customers and hosting

More information

LITIGATION AND DISPUTE RESOLUTION. ATE Insurance Court of Appeal Judgment. by Ciarán Markey, Michael Kavanagh

LITIGATION AND DISPUTE RESOLUTION. ATE Insurance Court of Appeal Judgment. by Ciarán Markey, Michael Kavanagh LITIGATION AND DISPUTE RESOLUTION ATE Insurance Court of Appeal Judgment by Ciarán Markey, Michael Kavanagh ATE Insurance Court of Appeal Judgment 6th May 2015 by Ciarán Markey, Michael Kavanagh Court

More information

MAXIMILLIAN SCHREMS. -and- DATA PROTECTION COMMISSIONER Respondent

MAXIMILLIAN SCHREMS. -and- DATA PROTECTION COMMISSIONER Respondent Between:- THE HIGH COURT JUDICIAL REVIEW Record No.: 2013/765 JR MAXIMILLIAN SCHREMS Applicant -and- DATA PROTECTION COMMISSIONER Respondent OUTLINE SUBMISSIONS ON BEHALF OF THE RESPONDENT IN RESPECT OF

More information

THE TRANSFER OF PERSONAL DATA ABROAD

THE TRANSFER OF PERSONAL DATA ABROAD THE TRANSFER OF PERSONAL DATA ABROAD MARCH 2014 THIS NOTE CONSIDERS THE SITUATION OF AN IRISH ORGANISATION OR BUSINESS SEEKING TO TRANSFER PERSONAL DATA ABROAD FOR STORAGE OR PROCESSING, IN LIGHT OF THE

More information

Broward County Website Terms of Use

Broward County Website Terms of Use Broward County Website Terms of Use Table of Contents 1. Terms of Use... 1 1.1 User Acceptance of Terms of Use... 1 1.2 Public Participation Forums... 1 1.3 Privacy Policy... 2 1.4 What We Collect and

More information

STATUTORY INSTRUMENTS. 2015 No. FINANCIAL SERVICES AND MARKETS. The Payment Accounts Regulations 2015 DRAFT. Made - - - - ***

STATUTORY INSTRUMENTS. 2015 No. FINANCIAL SERVICES AND MARKETS. The Payment Accounts Regulations 2015 DRAFT. Made - - - - *** Draft Order laid before Parliament under paragraph 2(2) of Schedule 2 to the European Communities Act 1972, for approval by resolution of each House of Parliament. STATUTORY INSTRUMENTS 2015 No. FINANCIAL

More information

GUIDELINES FOR THE PROVISION OF INTERNET SERVICE PUBLISHED BY THE NIGERIAN COMMUNICATIONS COMMISSION

GUIDELINES FOR THE PROVISION OF INTERNET SERVICE PUBLISHED BY THE NIGERIAN COMMUNICATIONS COMMISSION GUIDELINES FOR THE PROVISION OF INTERNET SERVICE PUBLISHED BY THE NIGERIAN COMMUNICATIONS COMMISSION These Guidelines apply to all Licensees providing Internet access services or any other Internet Protocol

More information

Data protection issues on an EU outsourcing

Data protection issues on an EU outsourcing Data protection issues on an EU outsourcing Saam Golshani, Alastair Gorrie and Diego Rigatti, Orrick Herrington & Sutcliffe www.practicallaw.com/8-380-8496 Outsourcing can mean subcontracting a process

More information

Code of practice for employers Avoiding unlawful discrimination while preventing illegal working

Code of practice for employers Avoiding unlawful discrimination while preventing illegal working Code of practice for employers Avoiding unlawful discrimination while preventing illegal working [xx] April 2014 Presented to Parliament pursuant to section 23(1) of the Immigration, Asylum and Nationality

More information

4.2 The Scope Order is made under the power in s 4(2)(e) of the Act.

4.2 The Scope Order is made under the power in s 4(2)(e) of the Act. EXPLANATORY MEMORANDUM TO THE COMPENSATION (REGULATED CLAIMS MANAGEMENT SERVICES) ORDER 2006 THE COMPENSATION (SPECIFICATION OF BENEFITS) ORDER 2006 THE COMPENSATION (CLAIMS MANAGEMENT SERVICES) REGULATIONS

More information

Position of the GOJ regarding the Proceeds of Crime Act (POCA) implementation of task force headed by BOJ

Position of the GOJ regarding the Proceeds of Crime Act (POCA) implementation of task force headed by BOJ The Proceeds of Crime Act Considerations Regarding The Duties of Attorneys by Allan S Wood Q.C. Jamaican Bar Association/General Legal Council Continuing Legal Education Seminar 19 th November 2011 Position

More information

WEB HOSTING SERVICE LEVEL AGREEMENT

WEB HOSTING SERVICE LEVEL AGREEMENT WEB HOSTING SERVICE LEVEL AGREEMENT 1. DEFINITIONS 1.1 These terms and conditions of service shall constitute the whole of the contract between the customer (herein after referred to as the buyer, customer)

More information

Domain name terms and conditions

Domain name terms and conditions phone +44 (0)1883 370692 76 Campbell Road, email info@route22.co.uk Caterham, Surrey, fax 0870 1367529 CR3 5JN Domain name terms and conditions ROUTE22 LIMITED Vat no: 752 7542 20 Registered in England

More information

late payment The Late Payment of Commercial Debts (Interest) Act 1998: A User s Guide

late payment The Late Payment of Commercial Debts (Interest) Act 1998: A User s Guide late payment The Late Payment of Commercial Debts (Interest) Act 1998: A User s Guide Index Introduction The importance of prompt payment Legal Warning Section 1: Understanding the legislation What is

More information

DOC NO: INFOSOC 53/15 DATE ISSUED: June 2015. Resolution on the open and neutral Internet

DOC NO: INFOSOC 53/15 DATE ISSUED: June 2015. Resolution on the open and neutral Internet DOC NO: INFOSOC 53/15 DATE ISSUED: June 2015 Resolution on the open and neutral Internet Introduction This resolution builds on the TACD net neutrality resolutions of April 2010 1 and June 2014 2, which

More information

SPAIN. Written by Pedro Alemán Laín and Javier Martinez Bavière, Pedro Alemán Abogados. Trends and Hot Topics in the Spanish Media Law Market

SPAIN. Written by Pedro Alemán Laín and Javier Martinez Bavière, Pedro Alemán Abogados. Trends and Hot Topics in the Spanish Media Law Market SPAIN Written by Pedro Alemán Laín and Javier Martinez Bavière, Pedro Alemán Abogados Besides the difficult times that the music, film and television industry have been undergoing, we have seen clear signs

More information

PUBLIC COU CIL OF THE EUROPEA U IO. Brussels, 30 June 2005 (05.07) (OR. fr) 10748/05 LIMITE JUR 291 JUSTCIV 130 CODEC 579

PUBLIC COU CIL OF THE EUROPEA U IO. Brussels, 30 June 2005 (05.07) (OR. fr) 10748/05 LIMITE JUR 291 JUSTCIV 130 CODEC 579 Conseil UE COU CIL OF THE EUROPEA U IO Brussels, 30 June 2005 (05.07) (OR. fr) PUBLIC 10748/05 LIMITE 291 JUSTCIV 130 CODEC 579 OPI IO OF THE LEGAL SERVICE Subject : Proposal for a Regulation of the European

More information

1. Introduction. 2. Sectoral Areas Affected. 3. Data Security. 4. Data Breach Requirements. 5. Traffic Data

1. Introduction. 2. Sectoral Areas Affected. 3. Data Security. 4. Data Breach Requirements. 5. Traffic Data 1. Introduction Special data protection rules apply to the protection of Personal Data by Data Controllers in the electronic communications sector. These are in addition to the general obligations that

More information

An employer s guide to the administration of the civil penalty scheme

An employer s guide to the administration of the civil penalty scheme An employer s guide to the administration of the civil penalty scheme 28 July 2014 Produced by the Home Office Crown copyright 2014 Contents 1. Introduction... 3 Changes to the scheme in May 2014... 3

More information

Penalty Fares Rules. 55 VICTORIA STREET, LONDON SW1H 0EU TEL 020 7654 6000 www.sra.gov.uk. May 2002

Penalty Fares Rules. 55 VICTORIA STREET, LONDON SW1H 0EU TEL 020 7654 6000 www.sra.gov.uk. May 2002 Penalty Fares Rules 55 VICTORIA STREET, LONDON SW1H 0EU TEL 020 7654 6000 www.sra.gov.uk May 2002 1 Contents Page 1 The rules 2 2 Definitions 2 3 Setting up a penalty fares scheme 4 4 Displaying warning

More information

Trinity Online Application - Terms and Conditions of Use

Trinity Online Application - Terms and Conditions of Use IMPORTANT NOTICE PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS APPLICATION. BY USING THIS APPLICATION AND/OR ANY OF

More information

[Brought into force by appointed day notice on 16 th June 2003.]

[Brought into force by appointed day notice on 16 th June 2003.] [Brought into force by appointed day notice on 16 th June 2003.] AN ACT TO PROVIDE FOR THE LEGAL RECOGNITION OF ELECTRONIC WRITING, ELECTRONIC CONTRACTS, ELECTRONIC SIGNATURES AND ORIGINAL INFORMATION

More information

DESIGN RIGHT (JERSEY) LAW 200-

DESIGN RIGHT (JERSEY) LAW 200- DESIGN RIGHT (JERSEY) LAW 200- Report Explanatory Note Article 1 is an interpretation provision. Article 2 specifies who is the design right owner of a design. Article 3 specifies that the Law applies

More information

Code of Practice on the Identity Card Number and other Personal Identifiers Compliance Guide for Data Users

Code of Practice on the Identity Card Number and other Personal Identifiers Compliance Guide for Data Users Code of Practice on the Identity Card Number and other Personal Identifiers Compliance Guide for Data Users INTRODUCTION What does the code of practice cover? The code of practice gives practical guidance

More information

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, THE EUROPEAN PARLIAMT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 thereof, Having regard to the proposal from

More information

The Role and Responsibility of Internet Intermediaries in the Field of Copyright and Related Rights

The Role and Responsibility of Internet Intermediaries in the Field of Copyright and Related Rights The Role and Responsibility of Internet Intermediaries in the Field of Copyright and Related Rights Lilian Edwards Professor of E-Governance University of Strathclyde, Glasgow WIPO, June 22 2011 The issues

More information

No Cloud Over the Patriot Act. March 2012 M-12544192-1 1

No Cloud Over the Patriot Act. March 2012 M-12544192-1 1 No Cloud Over the Patriot Act March 2012 M-12544192-1 1 1. Introduction 1.1. All governments, including Ireland, have become more alert to national security risks in the wake of the 9/11 attacks and the

More information

OBJECTS AND REASONS. (a) the regulation of the collection, keeping, processing, use or dissemination of personal data;

OBJECTS AND REASONS. (a) the regulation of the collection, keeping, processing, use or dissemination of personal data; OBJECTS AND REASONS This Bill would provide for (a) the regulation of the collection, keeping, processing, use or dissemination of personal data; (b) the protection of the privacy of individuals in relation

More information

2008 No. 1276 TRADE DESCRIPTIONS. The Business Protection from Misleading Marketing Regulations 2008

2008 No. 1276 TRADE DESCRIPTIONS. The Business Protection from Misleading Marketing Regulations 2008 STATUTORY INSTRUMENTS 2008 No. 1276 TRADE DESCRIPTIONS The Business Protection from Misleading Marketing Regulations 2008 Made - - - - 8th May 2008 Coming into force - - 26th May 2008 The Secretary of

More information

The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013

The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 STATUTORY INSTRUMENTS 2013 No. 1237 EMPLOYMENT TRIBUNALS The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Made - - - - 28th May 2013 Laid before Parliament 31st May 2013

More information

ST HELENA TELECOMMUNICATIONS ORDINANCE, CAP 106 LICENCE TO OPERATE BROADCASTING STATIONS AND TO BROADCAST SERVICES (TELEVISION BROADCASTING LICENCE)

ST HELENA TELECOMMUNICATIONS ORDINANCE, CAP 106 LICENCE TO OPERATE BROADCASTING STATIONS AND TO BROADCAST SERVICES (TELEVISION BROADCASTING LICENCE) ST HELENA TELECOMMUNICATIONS ORDINANCE, CAP 106 LICENCE TO OPERATE BROADCASTING STATIONS AND TO BROADCAST SERVICES (TELEVISION BROADCASTING LICENCE) 1. I, the Governor, acting in accordance with section

More information