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The Technology Platform

Read our latest updates and insights in the world of Technology

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CJEU ruling narrows the scope of EU database rights

In a judgment handed down on 3 June 2021, the European Court of Justice (CJEU) has redefined the test that EEA courts must apply when establishing whether EU database rights have been infringed. In what appears to be a significant departure from existing case law, in addition to the defendant having extracted or re-utilised all or a substantial part of the contents of the database without the owner's permission, a claimant will now also need to show that the infringing acts caused “significant detriment” to the database maker’s investment.

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ICO Opinion on live facial recognition

June saw the publication of a formal “Opinion” by the Information Commissioner’s Office (ICO) on the data protection and privacy implications use of live facial recognition (LFR) technology. It only deals with the use of the technology in "public places", but it defines this term so widely (“any physical space outside a domestic setting, whether publicly or privately owned”) that effectively anywhere except within the home will be covered. It is essential reading for anyone using, or considering the use of, such technology. Almost concurrently, the combined European Union Data Protection Authorities (of which the ICO is, of course, no longer a member) issued an Opinion going even further, and calling for a general ban on the use of facial recognition in publicly accessible areas.

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Legal Director Nina O'Sullivan on BBC World Business Report

Legal Director and Professional Support Lawyer Nina O'Sullivan spoke to the BBC World Service about a recent European Court of Justice decision regarding the uploading and hosting of copyright materials to online sharing platforms such as YouTube.

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Advertising on video-sharing platforms? Ofcom launches consultation on new proposals

Ofcom has published a consultation on proposals for the regulation of advertising on video-sharing platforms, a type of online video service where users can upload and share videos, including dedicated platforms such as YouTube, Vimeo and Twitch and websites which allow hosting such as Facebook, Instagram and Twitter (VSPs).

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The Children's Code: Are you ready to comply?

The Children's Code came into force on 2 September 2020, with the transition period for in-scope providers to get themselves in a position to comply (both in relation to their new online products and services, and also existing ones) coming to an end on 2 September 2021.

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Advertising rules on harm and offence in focus

The broadcast and non-broadcast advertising rules in the United Kingdom are constantly evolving to reflect current political, social and ethical values in society. On 1 June 2021, a consultation was launched on the introduction of new rules on harm and protected characteristics (as defined in the Equality Act 2010).

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