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This Practice Note has been archived and is not maintained. It provides information on the position under the Data Protection Act 1998 (DPA 1998). It is for background information only.

This Q&A considers which Act, the Freedom of Information Act 2000 (FIA 2000) or the Data Protection Act 1998 (DPA 1998) takes priority over the other. It also considers if FIA 2000, s 40 means that the information cannot be provided pursuant to the DPA 1998.

This Q&A considers a data contoller’s obligations where data has been shared on a one-off basis.

This Q&A considers whether there are any specific legal requirements around email journaling.

This Q&A explores the circumstances in which copyright infringement can arise through the use of a photograph for promotional materials. It covers copyright ownership in photographs, implied licensing, and the application of notice and takedown exceptions to liability.

This Q&A considers the copyright and data protection issues which arise where a party to proceedings wishes to use photographs taken from social media as evidence.

This Q&A considers whether a data subject’s consent required when transferring personal data from one service provider to another.

This Q&A considers the need to translate a patent into French for service out of jurisdiction in a patent infringement claim relating to an entity in France.

This Q&A looks at whether it is possible to exclude the right of the buyer to reverse engineer the goods for the buyer's own repair purposes in a B2B contract for the sale of goods incorporating software and considers competition issues and confidential information.

This Q&A considers the impact of Barbulescu v. Romania [2016] IRLR 235 decision on the head office of the employer and IT employees (both based outside of the EU) accessing employee's (based in the UK) personal emails.

This Q&A looks into rules and relevant case law relating to genuine use of a trade mark within the EU, where a party provides their services outside of the EU, but where those services can be booked from within the EU.

This Q&A looks at amending the specification of a trade mark after registration.

This Q&A considers the damages that are recoverable for stress and inconvenience resulting from a breach of personal data and what test will be applied when assessing these.

This Q&A considers what a relevant filing system for the purposes of the Data Protection Act 1998.

This Q&A considers the difference between a joint data controller and a data controller in common.

This Q&A considers the effect and purpose of the Press Notice of the European Patent Office of 29 June 2017 concerning plants and animals obtained exclusively by an essentially biological breeding process.

This Q&A considers the position where a former client becomes a defendant in proceedings brought by their former solicitors firm and makes a request under the Data Protection Act 1998 for documents in the solicitor’s file pertaining to him while he had instructed the firm.

This Q&A considers the statutory regime for data protection and how to reconcile a conflict between statutory and contractual obligations.

This Q&A considers when personal data should be deleted.

This Q&A takes into consideration the situation where there is an economic link between proprietors, such as members of a corporate family.