News 2014

Legal Update: Data Protection – Data Protection – Data Processing for Personal Use – Free movement of personal data - December 2014

In the recent case of Rynes v Urad pro ochranu osobnich udaju [2014] all ER (D) 174 (Dec), the Court of Justice of the European Union ruled that the operation of a camera system, installed by an individual on his family home for the purposes of protecting the property, health and life of the home owners, but which also monitored a public space, did not amount to the processing of data in the course of a purely personal or household activity.

See the full legal update for more information on why the data gathered from a camera system did not amount to the processing of data for personal purposes.

Legal Update: Intellectual Property Rights – Design Rights in the Fashion Industry – Infringement of Design Rights - December 2014

In the case of DKH Retail Ltd v H. Young (Operations) Ltd [2014], the court held that H. Young (Operations) Ltd 's (“H Young”) gilet infringed the design rights of DKH Retail Ltd (“DKH”) as the design of the gilet was not commonplace, lacked originality and individual characters.

See the full legal update for more information on the infringement of design rights.

Legal Update: Data Protection – Data Protection – Protecting Customer Data – Vulnerable Websites - November 2014

The Information Commissioner’s Office recently issued a fine of £7,500 on company, Worldview Limited, after its website was subjected to an online attack which allowed the attackers to access customers’ payment card details.

See the full legal update for more information on the online website attack which resulted in a data protection breach.

Recent Testimonial from UK Pension Review - October 2014

‘RT Coopers are an extremely professional and motivated team of solicitors. Their knowledge and understanding of current legislations were impeccable and helped swiftly resolve matters for myself and my company. They are extremely client focused with a personal touch and on hand to help with any questions or queries that arose. I would highly recommend RT Coopers as the high standards of customer care, excellence and satisfaction I received were second to none.

I would give them 5 out of 5 for all areas of service.’ Gavin Bonallie, Chairman

More Commercial Law Testimonials

Legal Update: Incorrect Disposal of Personal Data - Beach of Data Protection - September 2014

Following a breach of the Data Protection Act by Thamesview Estate Agents in London, sanctions have been imposed by the Information Commissioner’s Office.

See the full legal update for more information on the unlawful disposal of documents containing personal data.

Legal Update: Consumer Product Regulatory Law - Advertsing Claims - Holland & Barrrett - "Qualified to advise" Claims - ASA - August 2014

The Advertising Standards Authority recently considered that claims made by Holland & Barrett that its members of staff are “qualified to advise” customers on a variety of matters around nutrition and supplements were not exaggerated and unlikely to mislead the public.

See the full legal update for more details around the ASA's assessment of claims made on the website.

Legal Update: Commercial Law – Video Games – Corporation Tax – Tax Relief – “Cultural Test” - August 2014

On 19 August 2014, the Cultural Test (Video Games) Regulations came into force.

See the full legal update for more details around the “cultural test”, which can apply to video games in order to be classified as British video games.

Legal Update: Consumer Product Regulatory Law – Advertising of Food Supplements – Health Claims – Sports Supplements – Protein containing products – ASA - July 2014

The Advertising Standards Authority recently upheld its investigations into health claims made in an advert by Glaxo SmithKline trading as MaxiNutrition, specifically health claims made about protein.

See the full legal update for more details around the ASA's assessment of health claims made about protein.

Legal Update: Data Protection – Unlawfully Obtaining Personal Data – Monetary Penalty – Breach of Data Protection – Section 55 Data Protection Act - July 2014

The Information Commissioner’s Office recently prosecuted a former manager at the car rental company, Enterprise Rent-A-Car, for unlawfully stealing records of customers and selling them to a claims management company.

See the full legal update for more details around the offence of unlawfully obtaining personal data.

Legal Update: Distance Selling Regulations 2013 - June 2014

On 13 June 2014, the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 came into force and will affect many retailers. We have provided a summary of some of the key changes that apply to distance contracts, that is online retainers.

News: Launch of new webpage for Medical Foods - Foods for Special Medical Purposes - June 2014

Take a look at our new webpage in respect of legal services we provide for Medical Foods - Foods for Special Medical Purposes.

Legal Update: Copyright Infringement - Intellectual Property - Copyright - Lloyds TSB Insurance v Shanley - May 2014

In the case of Lloyds TSB Insurance Services Ltd and another v Shanley, Lloyds TSB Insurance brought proceedings against Shanley for copyright infringement. Shanley won his case despite the appeal by Halifax and Lloyds TSB Insurance to the Court of Appeal.

See the full legal update for further details about this case of coyright infringement.

Legal Update: Intellectual Property - Golam v Office of Harmonisation in the Internal Market (Trade Marks and Designs) - Likelihood of Confusion - Trade Mark Infringement - April 2014

In the recent case of Golam v Office of Harmonisation in the Internal Market (Trade Marks and Designs) [2014] All ER (D) 34 (Apr), the General Court of the European Union (First Chamber) dismissed an action that was brought against the decision of the Fourth Board of Appeal of OHIM relating to opposition proceedings.

See the full legal update for further details about this trade mark opposition case.

Article: Data Protection - How should a Data Controller Respond to a Data Subject Access Request to Disclose an Email written by a Third Party that Refers to the Data Subject?

This article by Dr Rosanna Cooper explores the law behind Data Subject Access requests and what your organisation should do if it receives such a request.

Legal Update: Product Regulation Law - Tobacco - Tobacco Products - New Directive - Labelling - March 2014

Members of the European Parliament have voted to approve the revised Directive on Tobacco Products (replacing Directive 2001/37/EC) (the “Directive”).

See the full legal update for further details around the main implications of the Directive on cigarettes and tobacco products.

Legal Update: Product Regulation - Refusal of Nutrition and Health Claims - European Food Safety Authority – Caffeine – SmithKline Beecham - February 2014

The European Food Safety Authority recently refused the health claim relating to caffeine and increased alertness submitted by SmithKline Beecham Limited on the basis that it could not be substantiated.

See the full legal update in relation to the EFSA's decision on the health claim relating to caffeine.

Legal Update: Data Protection - Monetary Penalty - Government Department - Breach of Data Protection - February 2014

The Information Commissioner’s Office recently imposed a monetary penalty of £185,000 on a Government department, after a filing cabinet containing personal information of victims of a terrorist incident was sold at auction.

See the full legal update in relation to this breach of data protection.

Legal Update: Employment Law - Employment Law Changes - TUPE - Transfer of Undertakings - January 2014

The Department for Business, Innovation and Skills has confirmed that as of 31 January 201, the proposed changes to the Transfer of Undertakings (protection of Employment) Regulations (TUPE) will come into force.

See the full legal update in relation to employment law relating to TUPE.