Microsoft v Commission: will the recent European Court decision affect your business?

The decision confirms that Microsoft did infringed Article 82 of the Treaty, abusing its dominant position by refusing to supply its competitors with interoperability information in respect of work group server operating systems. But will the duty to disclose this information affect your business?

IT Support and the transfer of personal data outside of Europe

When acting for clients, a common issue that the IT Law Group at Morgan Cole comes across relates to the provision of remote software support services from outside the European Economic Area (“EEA”). Difficulties usually arise because the support staff in the remote location may be able to access personal data held by the client in the course of fulfilling their duties. Essentially therefore, the client could be involved in the transfer of personal data outside the EEA. This article shows you how to remain compliant with the Data Protection Act when transferring data overseas.

Data Protection snippets

ICO takes issue with sharing of passwords by Orange The Information Commissioner’s Office ("ICO") has held that Orange was in breach of the Data Protection Act 1998 by allowing new employees to share user names and passwords in order to access Orange’s IT systems.

Contractual dispute resolution mechanisms in the High Court

Most IT contracts will contain a mechanism for resolving disputes between the parties. It is normally assumed by many however that such clauses provide an optional means for dispute resolution and that one party can always proceed straight to court if it wishes to do so. The first instance decision in Harper v Interchange Group (27th July 2007), discussed in this article, highlights the principles applicable to interpretation of contracts and some unexpected risks inherent in such dispute resolution clauses.

Arbitration in IT contracts: the impact of the House of Lords’ decision in Premium Nafta Products v Fili Shipping Company

This article discusses the House of Lords’ decision in Premium Nafta has highlighted a potential trap for the unwary with regard to arbitration clauses. The key issue in that case related to whether the arbitration clause enabled the arbitrator to hear a complaint relating to rescission of the agreement for fraud. The complainants argued that, since the agreement had been entered into on the basis of fraud, the agreement was rescinded and any dispute would be heard by the courts. The defendants by contrast argued that the arbitration clause applied in respect of this dispute.

Liquidated damages re-visited

A liquidated damages or “LD” clause is common in IT contracts. This clause will provide that a set sum will be payable in the event that one party breaches the contract. However if the amount stated does not reflect a genuine pre-estimate of a party’s anticipated loss, there is a risk that the clause will be construed as a penalty and hence not enforceable. This article sets out drafting mechanisms which may be used to avoid the penalty rule.

EDS and entire agreement clauses

This article discusses a recent case which emphasises that entire agreement clauses cannot necessarily succeed in excluding all pre-contract representations.

Who owns software in the absence of express terms?

Customers frequently request that software developers or web developers carry out bespoke work for them. Unfortunately, all too frequently issues subsequently arise as to the ownership of any intellectual property in work carried out. This article emphasises the need for both customers and suppliers to be absolutely clear at the outset as to ownership of IP in relevant software.