Intellectual Property Lawyers l Digital Media Solicitors
Specialist Intellectual Property and Digital Media Legal Advice

Blog For Empowering Creatives: IP and Digital Media Lawyers Insights

PAIL Solicitors IP and Digital Media Blog

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When I think of Frank Sinatra's "My Way," I see a connection to the main ideas behind intellectual property law. "My Way" embodies personal expression and an individual's journey through life, which parallels the concept of the ideas-expressions dichotomy in copyright law. It echoes the principle that music, literature, or art can be copyrighted while allowing others to explore the same ideas without infringing upon that particular expression. Sinatra's anthem also celebrates uniqueness, which is reflected in the definitions of all of the varying types of intellectual property.

The Purpose of This Blog

The articles on this blog are all written, reviewed, and edited by me, Mr Peter Adediran, the Digital Media and Intellectual Property Solicitor at PAIL Solicitors. They are intended to empower the new generation of business executives, professionals, business owners and creatives who want to keep up with intellectual property, digital media and entertainment law in the digital age. Most importantly, empower the community of creatives who want to create works "their way". In today's rapidly evolving digital landscape, staying informed and increasing knowledge in specialised legal services is crucial for e-commerce and digital technology businesses. At PAIL® Solicitors, we understand the unique challenges start-ups, business owners, professionals, business executives, creatives, writers and talent face in protecting their intellectual property and navigating legal complexities. By reading this blog and engaging us as your legal representatives you can safeguard yours and your company's reputations, make informed financial decisions, and confidently expand into new markets by focusing on continuous learning and expertise in these areas.

This blog contains articles on the following themes:

  • Advice on Protecting Digital Content

Encouragement to Stay Informed and Protected

For creatives and businesses alike, staying informed about legal issues surrounding intellectual property is critical. Knowledge is a powerful tool for safeguarding one’s work from infringement or misuse. We encourage individuals to engage with our resources, participate in discussions, and keep abreast of developments in IP law. 

Data processing agreements

Data processing agreements legal advice for mobile and web based applications

Mobile and Web based applications are improving businesses through smart use of technology systems to maximise product and/or service delivery. Data processing agreements legal advice has to be as smart to add value to businesses. Today possibly all information technology or businesses that use technology require data processing agreements legal advice. Applications must also interface and work with various internet services. This means back-end services. It also means data processing agreements.

Privacy and data-protection considerations

With mobile apps the back-end solutions and services are just as important as the front-end. Picking and choosing a server or cloud solution for things like storage, push notifications, user information and analytics also involves privacy and data-protection considerations. It is vital that businesses receive high quality data processing agreements legal advice with respect to the application processing and storage of personal data from the companies that are providing the back-end services. The market leaders of cloud based services are Amazon, Windows Azure and Rackspace. These companies’ in turn work with a number of sub-data processors like Parse who all offer a variety of back-end cloud solutions and services.

Of the big three cloud services providers Amazon Web Services is probably the most popular with hundreds of thousands of customers.

Data transfers outside the EEA

The problem is that in some instances (Parse for example) these cloud based servers are currently located in the eastern United States making those data transfers, transfers that are outside of the European Economic Area. This means compliance with the EU’s stringent legal requirements for transferring data outside of the EEA.

Amazon Web Services

In order to minimise its risk Amazon Web Services, require the signature of a data processing agreement. It is advisable that Data Controllers take specialist data processing agreements legal advice before signing this agreement. Getting legal advice has a cost attached so one option is for businesses to change to a European based server. For businesses that are already using servers based in the eastern United states it would be cost prohibitive for them to change to a European based server as the cost of moving everything over is usually around a minimum of £10,000.00. It is therefore more economical to get legal advice if the costs of that advice is less than the cost of moving to an EEA based server.

It is also important to get legal advice on responsibilities and obligations for the application processing and storage of data within the EEA not just for transfers outside the EEA, making getting legal advice an even more cost effective commercial proposition.

To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors.  Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.

Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston

Disclaimer

We provide cases and statutes as general information because contracts should be flexible to adapt to legal changes. Our articles on media and IP agreements serve as starting points for readers to brainstorm ideas. They are not a substitute for professional legal advice. Each contract is unique; even good templates need adaptations for specific situations. One party typically presents a contract based on industry standards and in-house policies. Replacing the contract may be difficult, but you can negotiate important clauses and agree on amendments.

If you like this article on data processing agreements then you might like our articles on:

United States Data Transfers

NDAs and Confidentiality Agreements Explained