The author Peter Adediran is a UK qualified and fully licensed current practising solicitor specialising in mobile applications and ecommerce related B2B and B2B2C start-ups and later stage SME growth. His areas of expertise include using intellectual property to add to business value, and drafting growth and exit focused commercial agreements. His breadth of experience over 18 years includes more than a 100 start-ups worth over $100 million
Handling VAT collection for digital businesses changed as of 01 January 2015.
As from the 01 January 2015 handling vat collection for digital businesses will change. The rules for taxing the supply of telecommunications, broadcasting and electronically supplied services to consumers (TBES) will change. The “place of supply” for VAT purposes used to be the jurisdiction in which the supplier business was established, usually resides or belongs. From tomorrow, VAT will now be due and collected on digital goods and services in the member state in which the consumer resides.
Website Terms Conditions Updates
The clause that deals with most Website Terms Conditions Updates that we have reviewed in the UK reads as follows:
The new data protection regulations 2012 were published at the end of January 2012. The new law is expected to be in place by 2014. The new law will potentially change the existing law in the following ways.
Super injunctions are not the battleground for free speech as they have been portrayed as being in the mass media. None of the recent cases have been about the media flouting the rules on what is in the public interest to publish.
In actual fact the issues were about information which the courts have ordered to be protected ending up on Wikipedia or Twitter. Recent press coverage does not relate to super-injunctions but anonymised injunctions.
In order to understand the controversy regarding privacy and data protection and Internet behavioural advertising, it is necessary to consider the marketing concept and philosophy. At the very core of marketing is customer satisfaction, `the Customer is King`. Please see Kotler, Philip, and Gary Armstrong. Principles of Marketing. 8th ed. Upper Saddle River, NJ: Prentice Hall, 1999. In Contemporary Issues in Marketing and Consumer Behaviour, Elizabeth Parsons and Pauline Maclaran the following excerpt elucidates the importance of data to the core marketing concept:
So you want to set up a website which includes rated video blogs; live camera footage; and photographs. Here are some of the important issues to consider to keep your website on the right side of the law.
1. First and foremost in relation to children: it is of the highest importance that you actively protect children. It is recommended that you work with the police to help to prosecute any users that might be involved in harming children. The Protection of Children Act 1978 sets out the UK law. Other countries have their own stringent laws with regards to the exploitation of children.
Data Protection Privacy Lawyers
Data Protection Privacy Lawyers review the revised ePrivacy directive that amends the:
Directive 2002/58/EC on privacy and electronic communications, which will be implemented on the 25 May 2011.
Essentially, the amendments are designed to bring improvement to the transparency and protection of privacy and personal data of Europeans in the online space.
The areas concerned are security breaches, spyware, cookies, enforcement of the rules and spam. The key changes:
1. Crossborder cooperation is improved with the UK information commission.
2. Anybody including an ISP will be able to bring legal proceedings against spammers.
3. Reinforcement of protection against data attributes and interception of user`s communications through (e.g. spyware & cookies) have been strengthened through the opt-in mechanism. In other words, explicit consent must be obtained before a website stores, collects, or uses data relating to users.
A major future challenge faced by online intellectual property protection lawyers, politicians and economists is property in the digital age. Digital media ownership is high priority for the stakeholders in the so called information age. Traditional intellectual property lawyers apply the law to the environment. Whereas with online intellectual property protection lawyers one must apply the environment to the law. In other words you should ask “how does the disruptive nature of the digital environment affect the existing rule of law, if at all?”
Company online harassment?
PAIL® Solicitors specialists in online anti-social behaviour cases review whether company online harassment is possible
In Kosar v. Bank of Scotland Plc [t/a Halifax]: QBD [Admin] [Mr Justice Silber]: 18 January 2011:
The appellant (Kosar) appealed against a district judge`s decision that the offence of harassment under section 2 of the Protection from Harassment Act 1997 could only be committed by a person who was an individual against another individual person. The judges allowed the appeal. That is to say, they held that a Company can be a person for the purposes of the Act when they are the perpetrators of harassment but not as victims of harassment.