Archives: Technology and Commercial

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Net Neutrality, the EU “open internet” right and the new rule on internet access speeds

I have expressed some strong views on the (lack of) merits of a specific net neutrality rule in the EU before (here and here). It was with interest then that I read the language of the “final compromise test” of the proposed new regulation on the Connected Continent from the EC. This cover two things … Continue Reading

Data Protection Regulation – the coming storm for outsourcing contracts

Written by Kit Burden For many years, the liability provisions regarding data protection issues have been something of a “negotiation backwater” in the context of outsourcing transactions. From a customer perspective, there has been a sensitivity about such provisions from a brand/customer relations perspective which has led them to seek to attach unlimited liability to … Continue Reading

Are You Prepared for the Next Information Age?

Written by Brian Joe The Internet of Things (IoT) – a network of devices connected through the internet offering almost limitless possibilities for convenience, efficiency, safety and control through remote sensing, monitoring, and, ultimately, learning – is quickly becoming a reality. According to some estimates, by the year 2020 there will be nearly four times … Continue Reading

Internet Sweep Days: Focus on Children’s Data

Written by Carol Umhoefer Between May 12 and May 15, 2015, as part of the annual Internet Sweep Days, nearly 30 Data Protection Authorities (“DPAs”) audited child-oriented websites and mobile apps to check compliance with data privacy rules. Results are expected in Q3 2015. The Global Privacy Enforcement Network (“GPEN”), which brings together numerous countries’ … Continue Reading


Written by Eamon Holley, Legal Director, and Mohamed Moussallati, Legal Consultant, both based in Dubai, UAE Drones (also known as unmanned aerial vehicles, or UAVs) of different shapes, sizes and specifications are definitely one of ‘the’ gadgets of the year and over the last few years have become increasingly available and affordable in the UAE. … Continue Reading

New US sanctions program to combat cybercrimes – 3 action steps for tech companies

Written by Tara Swaminatha and Sydney White, et al. The new sanctions in President Barack Obama’s Executive Order 13694 of April 1, 2015, “Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities,” target individuals and organizations overseas who engage in cyberattacks or commercial espionage outside the US that are likely to result in a … Continue Reading

Cloudy Days….Where Next for Outsourcing?

Written by Kit Burden In recent times, we have seen an increasing number of deals where the required services have been delivered from the cloud, i.e., from remotely hosted solutions, usually (albeit not always) offered on a “one to many” basis and on a subscription/usage based model. This is obviously a trend that has been … Continue Reading

Internet of Things: Business and Legal Framework Webinar

The DLA Piper Internet of Things group just launched a series of webinars on legal and business issues of the Internet of Things.  The first webinar will cover the Business and Legal Framework of the Internet of Things and will take place on Wednesday 22 April 2015 from 3.00 to 4.00pm UK time.… Continue Reading

“We have an NDA, what do you mean our trade secrets are no longer protected?”

Written by Mark Lehberg As we all know, companies enter into non-disclosure or confidentiality agreements in the normal course of business to protect their trade secrets and other confidential information. In addition, many technology and commercial agreements include non-disclosure and confidentiality terms. Two of the many issues that need to be considered in connection with … Continue Reading

Spain: €13 Million to Promote 27 Smart Cities

Written by Ceyhun Pehlivan The Spanish Ministry of Industry, Energy and Tourism will finance up to 80% of 13 projects linked to the development of smart cities, from which 27 Spanish cities are expected to benefit. In June 2014,, Spain’s internet and ICT development agency, had issued the call for the selection of the … Continue Reading

What is ‘Blocking IP’?: Why You Should Care When Licensing Source Code

Written by Isabel DeObaldia A client this week asked me to help him with a source code license. What started as a simple request with crafting a paragraph inevitably grew due to the concept of “blocking intellectual property.”  While I would argue that the document is still “simple” in structure, for the non-initiated it now … Continue Reading

When an Exception is Not an Exception…

 Written by Victoria Lee Lawyers see non-disclosure agreements all the time. Some of our well-established clients may see literally hundreds of them over the course of a year. In fact, we all probably see so many of them that they may not always get the attention they deserve (except when the confidential information involves source … Continue Reading

Developments in Payments Regulation in Hong Kong and China

The payments service industry in Hong Kong and China is set to enter a new and more stringently regulated era following announcements by the respective governments about their proposed regulatory reforms. The anticipated new regulations are intended to align the law with technology advancements in this rapidly evolving industry, bringing greater clarity as to the … Continue Reading

“Toubon Law” 20 Years On: The Cyber Economy and France’s Law on the Mandatory Use of the French Language

Written by: Carol Umhoefer; Farid Bouguettaya; and Maruschka Graham In 1994, France implemented a law, known as the “Toubon Law” after France’s then-minister of Culture, Jacques Toubon, to preserve the French language, protect French consumers and promote French culture. At the time, the world wide web and the cyber economy were nascent; online marketplaces were … Continue Reading

What Exactly Do You Mean By “Reseller” Agreement?

Written by Sanjay Beri I was recently reminded that the term “reseller” agreement can often mean different things to different people.  Misunderstandings about these types of relationships creates the potential for miscommunication and wasted time drafting the wrong terms. A client recently asked me for a form of reseller agreement to engage resellers to help … Continue Reading

Blue Edge Lab℠ launches new online cybersecurity tool for multinational companies

Blue Edge Lab, a wholly owned subsidiary of DLA Piper LLP (US) announced today the launch of CyberTrakSM, a highly innovative online cybersecurity tool featuring information on cybersecurity-related mandates and regulatory risk around the world. CyberTrak is the inaugural product of Blue Edge LabSM*. CyberTrak provides multinational companies instant online access to critical information about … Continue Reading

EUROPE: The End of Roaming Charges in a “Connected Continent”?

By Florence Guthfreund-Roland & Mathilde Hallé After months of discussions, it is likely that the new so-called “Telecom Package”, expected to come into effect in 2015, will indeed prohibit telecom operators from charging customers additional fees for intra-EU roaming. In accordance with the “Europe 2020” digital strategy promoted by the European Commission, the European Parliament … Continue Reading

President Obama Unveils Plans About Cybersecurity

Written by Sydney White President Obama made a series of announcements on cybersecurity, data security, and privacy that will be incorporated into his State of the Union address tonight.  In conjunction with the announcements, the White House released legislative proposals on cybersecurity information sharing and data breach notification. On cybersecurity information sharing, the proposal … Continue Reading

AFRICA: On the Way to Digital Migration

By Florence Guthfreund-Roland & Mathilde Hallé By June 17, 2015, all African countries should have completed the transition from analogical to digital radio transmission of TV and radio signals. This deadline was set by the Regional Conference of the International Telecommunications Union (ITU) in the 2006 Geneva Agreement (GE-06). The main goals are to improve … Continue Reading

Planning for the Inevitable – Tips for Planning for Disagreements in Outsourcing and Other Commercial Contracts

Written by David Messerschmitt Disagreements over the course of a commercial relationship are inevitable.  A pitfall of many commercial contracts is that the parties often incorporate “boilerplate” dispute resolution clauses that simply state that all disputes will be resolved in a court of law and do not include a process for resolving disagreements prior to … Continue Reading

What happens in the cloud stays in the cloud: BIS reinforces export control insulation for cloud-based computing and processing

Written by Thomas M. DeButts The US Department of Commerce, Bureau of Industry and Security (BIS) recently released a redacted Advisory Opinion dated November 13, 2014 that confirms for cloud-based software vendors (or Software as a Service providers) that allowing access to export controlled software for use only in the cloud (or on servers) does … Continue Reading