Prinsley, Mark A.

Advocate General issues opinion in Football Dataco v Sportradar

Thu, 21 Jun 2012 17:56:31 GMT

In an important development earlier today, the Advocate General of the European Court of Justice has said that where a website operator displays material on its website that infringes the sui generis database right of a third party, that operator infringes the third party’s rights both in the country in which the server hosting the website is based and in the countries in which the users accessing that information are based.

App developers need to obtain free and informed consent to collect personal data from end users via apps

Wed, 20 Mar 2013 10:17:41 GMT

The Article 29 Data Protection Working Party (the "Working Party") has warned that many app developers are failing to comply with European data protection law by collecting personal data on end users from apps on their mobile devices without obtaining sufficient consent to do so.

Binding Corporate Rules for processors launched

Wed, 09 Jan 2013 13:54:03 GMT

Data processors are now able to apply to use Binding Corporate Rules (BCRs) in order to move personal data outside of the European Economic Area while complying with European data protection legislation instead of having to implement and maintain sophisticated networks of data transfer contracts in the form of the standard contractual clauses approved by the European Commission.

CJEU Judgment on Jurisdiction for Football Dataco v Sportradar

Thu, 25 Oct 2012 09:41:06 GMT

Last week the Court of Justice of the European Union (CJEU) ruled that where a website operator targets and then provides material infringing sui generis database rights to recipients based in an EU Member State over the internet, the act of infringement occurs at least in the EU Member State where those recipients are located.

Cloud Computing – Article 29 Working Party Guidance on EU Privacy and Security Concerns

Tue, 10 Jul 2012 15:27:39 GMT

The Article 29 Working Party established under the EU data privacy legislation published an opinion on 1 July 2012 addressing the data privacy compliance concerns associated with the use of cloud computing solutions. The working party identifies the concerns as falling into two categories:

Cloud Computing—Article 29 Working Party Guidance on EU Privacy and Security Concerns

Thu, 20 Dec 2012 17:18:32 GMT

English Court of Appeal Issues Decision in Key

Wed, 01 May 2013 12:56:09 GMT

Bylined article by head of the London Intellectual Property & IT Group Mark Prinsley and Intellectual Property partner Sarah Byrt looking at the decision in the case Football Dataco Ltd & Ors v Stan James Plc & Ors, which related to rights in data and infringement on the internet.World Data Protection Report

This article was first published in World Data Protection Report, 29 April 2013.

Protecting Corporate Data in the Cloud

Thu, 20 Dec 2012 15:21:03 GMT

Bylined article by London head of Intellectual Property Mark Prinsley and associate Daniel Gallagher looking at how to protect corporate data in the cloud with the aid of EU and UK guidance.

Rights in data – Football Dataco case goes to UK Court of Appeal

Tue, 05 Mar 2013 15:58:15 GMT

The long-running Football Dataco case, relating to rights in data and infringement on the internet, has now reached the UK Court of Appeal. The judgment is good news, not just for those exploiting information about sports matches (which has given rise to several cases already) but also those with valuable scientific and other databases. It also sheds light on when and where web-based infringements take place.

Software copyright – new developments in the UK

Fri, 01 Mar 2013 10:11:15 GMT

The UK Courts have recently decided a high-profile software copyright case, following clarification on some key issues from the European Court. The SAS Institute case examines whether software programming languages, data file formats and other program elements are protected by copyright.

Southbank Centre Presents: New Works: Charlotte Bray & Hannah Kendall

Wed, 20 Mar 2013 04:00:00 GMT

Tenfold increase in the number of data security breaches reported in the UK since 2007 – 2008

Thu, 06 Sep 2012 11:20:53 GMT

The UK Information Commissioner's Office (ICO) has recently released figures, published by the BBC, which reveal that there are now ten times as many personal data security breaches reported to it compared to five years ago, with 821 data breaches reported between 2011 and 2012 but only 79 reports made between 2007 and 2008.

Top 10 recent European/UK IP developments in one hour

Mon, 25 Jun 2012 23:00:00 GMT

UK government abandons tobacco "plain packaging" plans

Fri, 03 May 2013 13:51:02 GMT

Mark Prinsley ,head of the Intellectual Property & IT group in London, is quoted in an article about speculation that the UK government is abandoning plans to introduce plain cigarette packaging and the IP implications if the proposals did go ahead.

UK ICO imposes a £250,000 penalty for a security breach which exposed the personal data of millions of consumers

Wed, 30 Jan 2013 10:07:24 GMT

The UK Information Commissioner’s Office (the “ICO”) has fined Sony £250,000 for what it describes as “one of the most serious” cases ever reported to it following a breach of security of its PlayStation Network Platform (the “PlayStation Platform”).

When is a software licence transferable even if it says it’s non-transferable?

Thu, 16 Aug 2012 15:04:28 GMT

Second-hand software licences and the European Court’s judgment in UsedSoft v Oracle

When Is a Software License Transferable Even If It Says It’s Nontransferable?

Thu, 20 Dec 2012 17:18:04 GMT

Second-hand Software Licenses and the European Court’s Judgment in UsedSoft v. Oracle