Ofcom has published a call for input, entitled “Promoting investment and innovation in the Internet of Things“, regarding issues that might affect the development of the emerging Internet of Things (IoT) sector in the United Kingdom. Ofcom is the UK’s independent regulator and competition authority for the UK communications industry.…
Sourcing Speak
EU adopts new regulation on cross-border electronic identification and e-signatures
The General Affairs Council, on 23 July 2013, adopted a regulation of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the Internal Market. Until the new regulation, the E-Signatures Directive (1999/93/EC) provided the only EU rules relating to e-signatures and said…
OECD calls for increased focus on Outsourcing, IT and Supplier Risk
At a recent conference, the Twelfth Annual Corporate Accountability Conference, 12 June 2014, Cercle National Des Armées, Paris, Pierre Poret, Counsellor, Directorate for Financial and Enterprise Affairs at the The Organisation for Economic Co-operation and Development, told the audience, referring to the OECD’s Risk Management and Corporate Governance report, that…
FCA Chief announces Project Innovate: Helping Firms Meet the Technological and Regulatory Challenge
The head of the UK’s Financial Conduct Authority, Chief Executive Martin Wheatley, used a speech at Bloomberg, London given on 3 June 2014 to promote the FCA’s Project Innovate (the drafted text of Martin Wheatley’s speech can be read at http://www.fca.org.uk/news/making-innovation-work). The FCA is the regulatory body that, following reforms…
The UDAAP Trap: How Financial Institutions can Avoid Penalties when Using Third Party Services
In Part 1, we noted that financial institutions could find themselves potentially liable for committing an alleged Unfair, Deceptive, or Abusive Act or Practice (UDAAP) as a result of the actions of certain types of external service providers, particularly those that interface directly with customers. In this Part 2, we…
The Internet of Things–Avoid Getting Eaten by the Wolf in Sheep’s Clothing
With the number of (internet) connected devices rapidly surpassing the number of internet people (actually, all people whether or not connected), we take this opportunity to explore some of the legal complexity brought about by all of this connectivity. First, some background: Cisco Internet Business Solutions Group predicts 25 Billion…
Database Marketing Outsourcing
Database marketing outsourcing is a strategic transaction for retailers. This type of outsourcing can facilitate the integration of diverse marketing channels e.g., web, social media, catalog and in-store sales) and enable more targeted and effective marketing to consumers. Database marketing encompasses a potentially broad array of services, including: Implementation and…
Enterprise Infrastructure Management Is Not a Part-Time Job
We recently completed a major renegotiation of a very large, longstanding infrastructure outsourcing contract. As is typical with renegotiations, there were areas of the contract that required changes and areas the client wanted to leave alone. In this case, scope (and the presumed current solution) was to be left alone…
How Significant is the Wyndham Case to the US Cybersecurity Legal Landscape?
The security community has been abuzz this week with the US. District Court of New Jersey’s April 7 ruling in Federal Trade Commission v. Wyndham Worldwide Corporation, et al. (see http://www.adlawaccess.com/wp-content/uploads/sites/137/2014/04/Opinion.pdf). Wyndham had asserted in a motion to dismiss that the Federal Trade Commission (“FTC”) did not have the authority…
Why Indemnities Matter
Most business clients would rather be in the dentist’s chair than sit through negotiation of the indemnity and liability provisions of their agreement. Admit it: your eyes glaze over, time appears to visibly slow down, and you wonder at how the lawyers can find this stuff interesting enough to argue…