Tech, Data, Telecoms & Media, United Kingdom, Wiggin LLP updates

Ofcom publishes annual study into online habits
Wiggin LLP
  • United Kingdom
  • 18 June 2021

Ofcom says that its Online Nation 2021 study reveals a year lived online. UK adults spent more time online on desktop computers, smartphones or tablets in 2020 than adults in comparable European countries. The study delivers a snapshot of an unprecedented year during which communication, entertainment, culture, retail, work and education moved increasingly online.

Court allows appeal in band name passing-off case
Wiggin LLP
  • United Kingdom
  • 18 June 2021

The Court of Appeal recently ruled to allow an appeal in a case which involved a band name dispute between two half-brothers, Ian and Winston Thomas. The dispute centred on what happened to the ownership of the goodwill associated with the band name when the band split up. At first instance, the court had struck out most of Winston's defence on the basis of estoppel, but the Court of Appeal found that this was at least doubtful.

Court finds immigration exemption under Data Protection Act non-compliant with GDPR
Wiggin LLP
  • United Kingdom
  • 11 June 2021

The Court of Appeal recently found that the immigration exemption under Paragraph 4 of Schedule 2 to the Data Protection Act 2018 – which disapplies some data protection rights where their application would be likely to prejudice immigration control – did not comply with the EU General Data Protection Regulation. The judge concluded by saying that the appropriate remedy in a case of incompatibility was "a sensitive matter" and deferred a decision on relief, inviting further submissions in light of his findings.

Government launches new National Data Strategy Forum
Wiggin LLP
  • United Kingdom
  • 04 June 2021

A National Data Strategy Forum to help the country seize the opportunities of data has been announced by the government to help the United Kingdom become "the world's number one data destination". The forum will bring together key voices from industry, privacy groups and academia to help implement the United Kingdom's National Data Strategy.

Significant change in communications security obligations for network and service providers
Wiggin LLP
  • United Kingdom
  • 04 June 2021

Following the introduction of the Telecoms (Security) Bill, details of key secondary legislation have been released – namely, the draft Electronic Communications (Security Measures) Regulations 2021. The draft secondary legislation continues in the same vein as the Telecoms (Security) Bill. Its scope is far reaching and it imposes considerable requirements on operators of networks as well as service providers either in or with any operations in the United Kingdom.

Ofcom publishes terms of reference for its mobile strategy review
Wiggin LLP
  • United Kingdom
  • 28 May 2021

In its plan of work for 2021/2022, Ofcom outlined plans to develop a strategy for its approach to the mobile sector to support innovation and ensure that people across the United Kingdom get the connections that they need. Ofcom has now published the terms of reference for its upcoming mobile strategy review. The review will aim to ensure that the mobile market works well for people and businesses over the next five to 10 years.

Research shows that gaming is most successful entertainment sector of 21st century
Wiggin LLP
  • United Kingdom
  • 28 May 2021

According to new research by the Entertainment Researcher's Association (ERA), the rise of mobile and digital gaming increased the retail value of the UK games sector to €4.43 billion in 2020, which is four-and-a-half times higher than its value in 2000. While in 2000 gaming was the smallest of the three sectors that ERA represents (the other two being video and music), it is now by far the largest.

Court rules on whether words complained of in Jeremy Corbyn libel action are fact or opinion
Wiggin LLP
  • United Kingdom
  • 21 May 2021

The Court of Appeal recently ruled in a defamation case against Jeremy Corbyn MP in relation to words that he had used in a televised interview on the Andrew Marr Show. The interview was first broadcast by the BBC on 23 September 2018 when Corbyn had been leader of the Labour Party and leader of the opposition in Parliament. The court upheld the first-instance court's judgment that Corbyn's words were both a statement of fact and defamatory.

High Court assesses damages in Eminem copyright infringement case
Wiggin LLP
  • United Kingdom
  • 21 May 2021

Marshall Bruce Mathers III, better known as 'Eminem', became famous after the release of his second album in 1999. A recent copyright infringement case concerned his lesser known and less successful first album, entitled 'Infinite', recorded in 1996. The High Court assessed damages on the basis of a £2.50 notional licence fee to make 2,981 infringing copies, which came to £7,452.50 plus interest.

Gambling advertising: never work with animals or children
Wiggin LLP
  • United Kingdom
  • 14 May 2021

The Advertising Standards Authority (ASA) recently issued two reminders to the gambling industry around various key principles in connection with social responsibility and the use of animals in advertising. The ASA also intends to provide an update in mid-2021 on the outcome of its 2020 public consultation on proposals to introduce new strengthened rules and guidance to better protect children and young and vulnerable people from potential harm relating to gambling advertising.

Proposed new laws aim to eliminate rural mobile 'not spots' and speed up 5G roll-out
Wiggin LLP
  • United Kingdom
  • 07 May 2021

The government is proposing law changes to boost ongoing efforts to improve rural connectivity. It says that the reforms will reduce build time and costs for new infrastructure while protecting rural areas by minimising any visual impact. Under the proposals, mobile companies will be allowed to make new and existing masts up to five metres taller and two metres wider than currently permitted.

Government publishes response to call for views on consumer smart product cybersecurity regulation proposals
Wiggin LLP
  • United Kingdom
  • 07 May 2021

In July 2020 the government announced that it planned to change the law to make smart products more secure and published a call for views on its proposals. Having received 110 responses from organisations and individuals, the government has now published its response. The government says that it will legislate, when parliamentary time allows, to create a new robust scheme of regulation to protect consumers from insecure connected products.

Court grants order for extended disclosure for preliminary issues trial in copyright infringement case
Wiggin LLP
  • United Kingdom
  • 30 April 2021

The Performing Right Society (PRS) Limited recently issued proceedings against Qatar Airways Group QCSC for global copyright infringement concerning the use of PRS's repertoire works in Qatar Airways' in-flight entertainment system. PRS claimed that this involved two acts which required PRS's licence as the copyright owner – namely, public performance and communication to the public. It sought injunctive relief to restrain such infringement and damages.

DCMS committee launches inquiry to examine influencers' power
Wiggin LLP
  • United Kingdom
  • 23 April 2021

The Department for Culture, Media and Sport Select Committee recently launched an inquiry to examine influencers' power on social media and how influencer culture operates. The inquiry will also consider the lack of regulation on the promotion of products or services, aside from the existing policies of individual platforms, and assess the effect of influencers on media and popular culture and the positive role that they can play.

Ofcom publishes statement on its review of wholesale call markets
Wiggin LLP
  • United Kingdom
  • 23 April 2021

Ofcom recently published a statement on how it will regulate the wholesale markets that underpin landline and mobile phone calls in the United Kingdom between April 2021 and March 2026. To continue to protect customers from high prices, Ofcom will cap termination rates for calls made and received in the United Kingdom, based on the cost of connecting a call.

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