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Cookie crunch: Is your website ready for the 26 May deadline? - 03/05/12

By 26 May 2012, all UK organisations that operate a website will need to obtain consent from visitors to its website in order to continue using cookies. The EU rules on the use of internet cookies changed following amendments made to the E-Privacy Directive. Those changes were implemented in the UK last year following amendments to the Privacy and Electronic Communications (EC Directive) Regulations 2003.

First NHS Fine handed out for a breach of Data Protection - 01/05/12

The Information Commissioner’s Office (ICO) has this week handed out the first fine to an NHS organisation for a breach of the Data Protection Act 1998.

Patient privacy and the use of mobile phones in hospitals - 15/02/12

Until recently, the main concerns of mobile phone use in hospitals were the risks associated with the interference of medical equipment. This resulted in many NHS Trusts putting restrictions in place to prohibit their use. Some Trusts even enforced blanket bans across their hospitals. However, these concerns have been steadily allayed over the last few years as a mass of research demonstrates that mobile phones actually pose little or no risk to the majority of hospital equipment. Trust policies therefore now tend to adopt a more flexible approach allowing for the use of mobile phones on their premises, with the exception of a limited number of prohibited areas such as specialist baby and critical care units.

Data Protection breaches in the headlines again - 23/11/11

A report published today has again highlighted the regularity with which the Data Protection Act 1998 ("DPA") is being breached by public sector organisations.  A report by Big Brother Watch details that between 2008 and 2011, 132 local authorities in the UK lost data in over 1000 separate incidents. 

Are you fit to disclose? - 17/12/10

In this article, Ceri Catton examines the General Medical Council’s (GMC) power of disclosure and provides practical tips if you are presented with a request for documents by the GMC.

 

Substantial monetary fines now likely under the DPA - 09/12/10

In November 2010, the Information Commissioner handed down the first monetary penalty under the Data Protection Act 1998 (DPA).  In doing so, the Information Commissioner's Office (ICO) has given a very clear signal to all public authorities in relation to the priority that must be given to data security.

 

Commercial Dispute Resolution Update - 29/04/10

This update is relevant to anyone interested in recent developments in the dispute resolution field.

Construction and Engineering Legal Update - 06/04/10

In this month's digest we highlight  the following developments of interest:

  • Contract formation: Letters of intent, "subject to contract" and waiver by conduct 
  • Drafting "pay when paid" clauses which are effective upon upstream insolvency
  • Drafting exclusion clauses to exclude liability for statutory interest
  • Settling construction disputes - some points to consider
  • The Equality Bill: Impact on the construction sector
  • HSE crackdown on dangerous construction sites
  • New HSE Guidance: "Provision of welfare facilities during construction work"

Contract formation: Letters of intent, "subject to contract" and waiver by conduct - 06/04/10

The Supreme Court on appeal from the Court of Appeal, has given an important judgment in RTS Flexible Systems Limited v Molkerei Alois Müller Gmbh & Company KG (UK Production) ("RTS").  This will be of relevance to parties who continue works after the expiry of a letter of intent but before a formal written contract is finalised, and to those who intend to rely on "subject to contract" and "counterparts" clauses in contracts.

In this article we summarise the facts and issues in the case, and provide some learning points to consider when dealing with these areas in the future.

Settling construction disputes - some points to consider - 06/04/10

There are many factors to address when settling any dispute, including the parties to be bound, dealing with any formal proceedings, payment provisions, the scope of the settlement, costs and interest. In this note we highlight some particular points to consider when settling construction disputes.

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