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It has been a ground-breaking period for innovation and advances in the health care mobile app sector. Working on an acquisition attempt in 2003 by Medibuy Inc of the NHS data transfer framework brought my first taste of health sector technology. At that time the Internet, Intranets, Extranets and HTTPS – secure Hypertext Transfer Protocol were setting the new trends in health care technological innovation. Mobile Apps have long since taken over.
The following article is a high level view of the consequences of Brexit from a legal perspective as it relates to Internet related business.
At the outset there is only one thing for certain and that is that the legal position after Brexit does not have to be uncertain. Indeed, it is possible to extrapolate which laws will fall away and what will be left in place as this will largely depend on what type of post-Brexit model is adopted by the UK. With this in mind the background position regarding Brexit so far is as follows.
The EU is governed by (1) The Treaty of the European Union (TEU); and (2) The Treaty on the Functioning of the European Union (TFEU) (the “EU Treaties”). The referendum does not mean that the UK has automatically left the EU. Article 50 of the TEU sets out the necessary mechanisms for the UK’s departure. It provides that:
i) A Member State may leave within two years of notifying the European Council (the Council) of its intention to withdraw from the EU. There is a negotiation process for the withdrawal and future working relationship with the EU Art 50(2)(b);
The main issues that arise in the social media business context from a legal perspective are: (i) defamation (ii) censorship, and freedom of expression (iii) copyright infringement (iv) trade mark infringement (v) breach of privacy (vi) Data Protection (vi) harassment and bullying (Cyberstalking).
Data protection and privacy mobile apps is probably one of the highest priorities for mobile app lawyers.
As an entrepreneur the benefits of creating a concept that utilises tracking technology to bring people together, whether for a tryst or to build business or social communities are obvious. But what are the threats to personal privacy brought about by tracking technology, and how do you avoid any legal challenges?
The digital economy act 2010 and the debate about moral concerns and the copyright wars continue to be hotly argued. One side says the recent expansion of rights and remedies to copyright holders is grotesque and disproportionate and worst of all, it will stifle innovation. The other side, who are trying to assert their rights, are saying that efficient copyright laws are needed to deal with a shift in the ever evolving paradigm of accessing and distributing copyright material. I prefer the latter view. Efficient regulation and legislation is clearly in the public good.
Sponsorship Agreements – basic guide to sponsorship agreements
Sponsorship is an associative marketing tool. It is defined by the International Chamber of Commerce as:
“Any commercial agreement by which a sponsor, for the mutual benefit of the sponsor and sponsored party, contractually provides financing or other support in order to establish an association between the sponsor’s image, brands or products and a sponsorship property in return for rights to promote this association and/or for the granting of certain agreed direct or indirect benefits.”