bedell cristin data protection and defamation advocate vicky milner 18 july 2013 jersey | guernsey |...

Tech business and the law

■ What laws are relevant to Jersey tech business?

Contract Copyright Company Crime

Data Protection Defamation Discrimination Distance Selling

Electronic Comms Employment Health & Safety Human Rights

Intellectual Property And so on…

Data protection

■ Protection of rights of an individual in relation to information about him or her

Personal data

■ Personal data is:“data that relate to a living individual who can be

identified - from those data or - from those data and other information…in the

possession of the data controllerand includes [an] expression of opinion…”

■ A person’s name alone is not personal data

Sensitive personal data

■ Sensitive personal data is personal data consisting of information regarding the person’s:- Race- Political opinions- Religious beliefs- Trade union membership- Physical or mental health or condition- Sexual life- Commission of offences or proceedings re offences

Anthea’s foot cream

■ Anthea is a herbalist who makes foot cream■ Before selling products she asks her clients

about their health■ Barry is a website designer and online salesman


Anthea

Barry

Clients


Anthea

Barry

Clients

Cedric

Obligations; contract terms

■ Who is the data controller?■ Who is the data processor?■ What do they need to do to meet statutory

obligations?■ Clear contractual terms (business-supplier and

business-client) are vital – say what you are doing and who is responsible for what

■ Ensure statutory compliance – take advice

Blogging

■ Blogging about people may raise data protection issues

■ Also cyber-bullying/harassment issues■ Defamation

Defamation

■ Publishing a statement about someone which lowers him/her in the minds of “right-thinking members of society”

Internet Service Providers, Twitter & defamation

■ Godfrey v Demon Internet Ltd (1999)■ Lord McAlpine v Sally Bercow (2013)

Summary

1. Get comfortable with the DPL – how does it apply to your business?

2. Review your terms and conditions (business to business and client/customer)

3. If you have a website on which others can post consider how you will manage this

4. Think before you tweet, post, etc…

Questions?

For more information contact:

Vicky MilnerAdvocateBedell CristinT +44 (0)1534 814237E [email protected]

mailto:[email protected]

Briefings

www.bedellgroup.comPublications/Briefings – LegalLitigation/Jersey Briefings:■ Intellectual Property■ Storm cloud on the horizonEmployment/Jersey Briefings:■ Discrimination■ Record management

http://www.bedellgroup.com/

bedell cristin data protection and defamation advocate vicky milner 18 july 2013 jersey | guernsey |...

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