E RADAR | Smarter business online

The 10 Commandments For Digital Life | E RADAR

2014-07-18T14:51:00.001+01:00

The 10 Commandments For Digital Life | E RADAR A great summary on how to protect yourself when interacting with others online

5 Internet Urban Myths Debunked | E RADAR

2014-07-09T21:50:00.001+01:00

5 Internet Urban Myths Debunked | E RADAR

Are You On Twitter? Are You A Twitter Twat?

2014-06-11T00:00:00.001+01:00

I recently read an article by Janet Street Porter about the shortcomings of Twitter. She wasn’t nice.

But then you don’t expect anything less from the ‘thinking man’s nemesis’? She’s my ideal fifth dinner guest to join Leonardo (that’s DaVinci, not DiCaprio), Nelson Mandela, Henry VIII and Pharaoh Khufu for an evening of good old fashioned chit chat. Her outspoken, no-nonsense remarks cut to the chase like a northern Cheshire cat looking to devour the three blind mice. That icy stare would turn Medusa into stone.

Janet Street Porter

Can you imagine sitting Janet between Bluff King Hal and Pharaoh Khufu to discuss the benefits of sixteenth century wife disposal and the symbolic architectural intricacies of the Great Pyramid? Or between DaVinci and Mandela where intellectual contortion meets political prowess? Assuming, of course, that they can stand – let alone understand – each other. Forget the translator. Janet’s distinctive Brentford twang alone can cut a conversation like a fly sliding down a razor blade on its reproductive what nots!

So, Janet’s recent attack upon the inflated egos on Twitter who send endless self-gratifying rubbish to their followers hit the nail on the head – a real ‘Bercow moment’ if you get my drift.

And she’s right, of course. Who cares if you’ve just burnt your toast – don’t be sending us banal tweets when you should be paying more attention to that burning smell! And please, we really don’t want to know about your baby’s regurgitation habits, especially when she’s 27, drunk, and ought to know better!

Clever bird

The Twitter Bird, her brothers and sisters all champion ‘freedom of speech’. But social media and networking sites are a headache for governments used to managing information. We’ve seen the strange case of John Inman lookalike Julian Assange and his Wikileaks, Edward Snowden revelations about US government secrets that we’ve all suspected for years, and Google’s recent ‘right to be forgotten’ where we can all suddenly disappear from view.

Are you on Twitter?

There are 140 million worldwide users on Twitter, that’s 140 million egos all communicating with each other. And I’m one of them. Like most Twitter users I’m ego in its purest sense – I think therefore I am. I want to be part of this super cyber phenomenon, inquisitive about what its technology can do, interested in what others are saying, how they are using Twitter and looking to apply those features and benefits to my own everyday world.

The Twitter bird is clever. She connects at every intellectual level: Twits write anything, Twitterers just sell and Tweeters have strategically got it. With Twitter you can’t suffer from verbal diarrhea with a message limit of only 140 characters. Either you will spout rubbish or be succinct and precise. There’s nothing in between.

Except the Twitter Twat!

The blockhead who abuses the bird. The troll who thinks it funny to send vile messages. The law breaker who creates the illusion that Internet anonymity will let them get away with everything. The opinionated who just won’t accept they’re wrong. They’re all on there looking for that 15 minutes of fame.

Social media is all or nothing. It shows us everything we need to know about the good, bad and the ugly in the world today. But Janet Street Porter misses one vital point. People have a need to talk to others. And so long as others are listening, social media is the ‘mouthpiece’ for us to express all the human emotions we need to, as we choose. The world is a better place when once-distant people can now communicate with each other.

Ego

Are You On Twitter? Are You A Twitter Twat?

What's in a web developer contract?

2014-05-15T13:40:00.001+01:00

Many websites are now developed using open source software, for example WordPress. This allows independent developers to create additional functionality such as website templates and plugins. Most of these are free to use but may have premium modules attached for extra functionality. Both customers and web designers need to determine what functionality is allowed free commercially and what’s not.

Web developer contracts are made up of three separate documents which you need to assemble carefully. Otherwise, you might find yourself being charged extra to update your website plus becoming liable for things you hadn’t even considered!

These are:

A Form of Agreement;

Terms of Business; and

a Works Schedule which has job-specific details relating to the work.

In this article we set out the key elements in the web developer contract for your to consider plus some helpful tips…

Form of agreement

This is the document to be signed by both parties. In addition to filling in the full names and address of each party, the fees and estimated completion date also need to be completed. Clearly, the Form of Agreement needs to be tailored to your particular circumstances.

When it’s signed – and there should be two copies – one signed by each party – the Terms of Business and the Works Schedule with the job-specific details should be attached.

Terms of business

1. Definitions and Interpretation

This clause may contain a few defined terms which are used throughout the agreement. The description of the artwork to be provided is to be included in a separate schedule which will form part of the agreement.

2. Services of the Developer

This briefly describes the work of the developer. If there’s to be a deadline within which the design work is to be carried out, this can be inserted in the Schedule but our wording is designed to ensure that dates are estimated and not guaranteed.

Generally, it is sensible in a relationship such as this for the developer and client to have a clear understanding before any contract is signed regarding the scope of work that is required and the type of designs to be prepared. From the developer’s point of view, there will usually be a fixed fee and the designer doesn’t want to find that he/she is regularly being required to revise the designs to meet the client’s requirements. Equally, from the client’s perspective, he/she doesn’t know whether or not the designs will be suitable until an initial draft is produced, but he/she needs to be happy with the choice of the designer at the start of the contract.

The final paragraph 2.3 dealing with extra fees is meant to give the web developer some protection against major changes to the brief.

3. Fees and Payment

There will usually be a lump sum fee, but that isn’t always the case. Occasionally the fee will be related to the time spent on the project and sometimes there will be a mixture – e.g. a fixed sum plus £X per hour/day if more than a budgeted amount of work has to be performed.

Details relating to the fee will go into the Schedule. This section deals with the invoicing and payment terms.

If the designer is registered for VAT, then a VAT Invoice or VAT receipt will need to be issued in respect of each payment.

Under this section, the web developer is entitled to claim interest on late payment. The interest rate in this clause is, in fact, lower than the rate which would apply if the agreement is made in England: the “Interest on Late Payments Act” gives a party to a contract a right to claim interest at quite a high rate – currently 8% p.a. – even if there’s nothing in the contract to this effect. A slightly lower interest rate is usually more commercially acceptable and the fact that such a clause is incorporated gives greater weight to any claim by the designer for late payment.

The final paragraph 3.6 gives the developer the opportunity to charge for extra services. Where the designer has an hourly or daily rate, this will go into the Schedule. Otherwise, the designer should provide an estimate before starting on any extra work. Sometimes it could be worth having a statement in the Schedule to describe the expected time to be spent on the project by the designer – so any serious deviation from this caused by the client may trigger a claim for extra payment.

4. Cancellation

Designers may wish to delete this section altogether. However, it caters for the possibility of an initial design being prepared and the client then deciding not to proceed. In those circumstances, the cancellation clause will make it clear that the designer is entitled to be paid at least a portion of the original fee, even if the assignment doesn’t go through to completion.

Where a client does cancel, it’s sensible to require, as here, that the artwork already handed over should be returned and to make it clear that the client doesn’t have any right to use any of the designer’s work unless the full fee is paid.

5. Intellectual Property

There are two alternative sections – one of which should be deleted before these Terms are given to a client. Alternative A gives all ownership of copyright etc to the client, subject to him paying the fees due. Alternative B leaves the copyright with the designer and the client has a licence to use the artwork in his business.

Copyright

A designer will, in the absence of any agreement to the contrary, own the copyright in the artwork that he prepares. Where a design is being commissioned by a client for a particular purpose – e.g. the design of a logo for a company – the client will usually want to ensure that it owns the copyright and that the designer doesn’t have any residual rights to use those designs somewhere else. In order to achieve this, a clause such as Alternative A is needed, under which copyright and any other intellectual property rights in the design transfer to the client. However, this transfer (or “assignment”) will only take effect once the full price has been paid. This is clearly important from the designer’s point of view.

Occasionally, the designer will retain copyright in which case Alternative B should be used. An architect, for example, will usually want to retain copyright in his designs for a building and in that case the client will be given an irrevocable licence to use those designs for the purposes the building for which they were commissioned, but not for any other purpose.

Moral Rights

Under European law relating to intellectual property, the “author” – i.e. in this case, the designer – has a right to be named as the author in any document which contains that work. For reasons already discussed in relation to copyright, it’s usual for a client to have all rights in relation to the design without having to refer to the designer/developer, and in order to achieve this legally, appropriate wording is required in Alternative A.

In those circumstances where the designer/developer wishes to assert his/her moral rights, e.g. the designer of the dust-jacket of a book, would usually be identified in all published copies – the wording in Alternative B may be used. Sometimes a designer/developer may want to go further and say:

“The Client shall ensure that the following notice will appear on every document which includes the Artwork:

“The right of [name of designer/developer] to be identified as the author of [description of Artwork] has been asserted in accordance with the Copyright, Designs & Patents Act 1988“.

It is the responsibility of the Client to ensure that this obligation is imposed on any assignee or licensee of the Client.

6. Designer/Developer Warranties

It isn’t uncommon for a client to want a written assurance that the designs he is paying for are indeed the designs of the person selling them and not some third-party. This section is meant to achieve this and to give the client comfort that no third-party rights are being infringed.

7. Client Obligations

Under the first paragraph, the Client is required to respond promptly to requests from the designer/developer.

Under the next two paragraphs, whilst not always considered necessary, it’s no harm to establish the reasons why the designs are required and to obtain a provision that the client won’t use the artwork for some illegal or pornographic purpose (this clause would obviously not be appropriate if the designer/developer is preparing illustrations for a pornographic magazine!).

Where the copyright is transferred to the client, the designer/developer will no longer have any rights – hence the wording which reserves for the designer/developer the right to make use of the artwork in his publicity material.

8. Termination

If either party becomes insolvent or commits a material breach of the agreement then it’s sensible to give the other party the right to terminate.

9. Confidentiality

It is usual to have a confidentiality clause so that any trade secrets or confidential information which either party receives as a result of their dealings is kept confidential and not made available to anyone else.

10. Assignment

The issue of assignment of copyright has already been dealt with. This Clause concerns the right of either party to transfer/assign any rights or obligations under the agreement to someone else. Since a Design Agreement (Contract) trends to be somewhat personal in nature, assignment is prohibited by this clause.

11. Notices

It is usual to have a clause such as this, stating that notices must be given in writing and specifying the method of giving notice – in this case by hand, by fax or by.

12. Law and Disputes

Hopefully no disputes will arise, but it’s important to specify the courts and laws of the country which governs the agreement – usually that of the country which both parties are resident – and also to say how disputes will be resolved if they do arise. Remember that the United Kingdom has different legal systems: England and Wales, Scotland and Northern Ireland.

You might also wish to require the parties to try mediation in the event of a dispute, with recourse to the Court as the final option.

For more on mediation, visit CEDR

Works schedule

The Works Schedule should be written to suit the particular circumstances. In addition to the overall brief of the work to be done, the Works Schedule may contain dates for delivery, details of any expenses which can be reimbursed and hourly or daily rates that may apply.

General considerations

The documents should address the following issues:

(a) the agreed website specification (or a procedure to arrive at an agreed specification before development commences).

(b) the date by which the website must be delivered, together with key milestone dates that must be achieved in order to achieve that objective.

(d) the term of the contract

(e) there must be a written assignment of all copyright and other intellectual property in the website, including underlying software (or right to use a third party’s software) from the contractor to the organisation.

Ownership

You need to pay particular attention to ensure your company owns its own domain name and is the legal account holder for other online services, such as connectivity, hosting and security. You need to have control over access to these accounts.

Exclusivity and bargaining power

The web designer/developer will want to re-use some technical work from your website on websites for other customers. You should get as much exclusivity on their work as possible to give your business a competitive advantage.

The parties’ bargaining power, perception of the deal & the project’s price will contribute towards resolving any issues. The division of rights in a wholly bespoke, exclusive project may be very different from the division in one in which the customer is obtaining a customised version of a standard site.

Top 10 tips for project managers

Project managers with practical experience of web design and development have written our Top 10 Tips in this section. They should be considered by both designer/developer as well as the client.

1. Scope of Services

Start off with the most important aspect of the entire project. What exactly is the designer/developer going to do for the client? Write a general 3-5 sentence summary of the scope of service. Will the designer/developer be responsible for the design and programming? How will the website be updated? Who will be responsible for the marketing at the end of the project? Who will host the website when the project is done?

2. Price and Payments

This is the area where the designer/developer is upfront and states the exact price payment and terms of the payment is split up into installments. Is the project quoted at a fixed rate? Is it an hourly rate and how is this documented and tracked? Will the payments be made with a certain percentage up front as a down payment and then a monthly billing cycle, or is it a milestone related payment system?

3. Term and Termination

How long will this agreement contract be enforceable? If the client does not want to pursue the project ¾ of the way through the project how can he get out? What are the penalties and timeframe they can exit the contract? This is crucial especially to web development agreements with entrepreneurs and startups that many times have a great idea, some type of outline or business plan for what they wish to do, but for some reason never finish through with the project. The designer/developer must have certain rights. Do they keep all of the code that has been developed? Can they finish it and retain intellectual property to it? Many factors can go in this area, but it protects both the client and the developer in case a designer/developer is never able to complete a project or continues to be late on deliverables and the client wishes to terminate the relationship.

4. Ownership of Intellectual Property

One aspect that needs to be addressed is who will retain the intellectual property to the project? Typically the client retains all intellectual property. This area highlights all of the intellectual property covered such as the source code, all digital files, documentation, etc. Intellectual property is very important to any and all web design and development projects.

For further information visit Websites and Intellectual Property

5. Confidential Information

Many clients wish to keep all information that is exchanged within a project to the developer as highly confidential and cannot be disclosed whatsoever. The extent to which information can be disclosed must be addressed in the agreement. Can the designer/developer mention that they are working for the client during the course of the project to other prospects or potential clients? Many designers/developers use their portfolio of clients as sales tools for other clients. This area must represent exactly what is disclosed and for how long. What period of time is the information kept confidential? And so on.

6. Warranty and Disclaimer

Having a warranty on the work that is developed is standard in most web projects. Typically a 30-90 day warranty is given on all work to be functional and bug free. This is the area that small details such as the client having access to the server and by mistake entering the files and making changes that affect the functionality within the terms. Think of the label on products that the designer/developer purchases such as furniture and mattresses. It says that the warranty is void if you tear the label off. This is what the designer/developer can address in this area. They will provide warranty on certain terms and conditions with specific disclaimers as well.

7. Limitation of Liability

This is the area in which the designer/developer discloses that they are not liable for any losses of money for the developer or other economic losses directly or indirectly associated with the development of the website. Some less experiences clients will turn around to the designer/developer as the source of their website not succeeding online. Avoid issues in the future if something does not succeed that the client thought would, especially things that the designer/developer cannot control once the website is launched. Also, during the project itself, if for whatever reason there is a financial loss, it protects the designer/developer.

8. Relation of Parties

Make sure that the client and designer/developer understand what their relationship is. Is the relationship a development partnership? Is it strictly a work-for-hire type relationship? Is it a client and vendor relationship? This is the area where this needs to be highlighted to make sure the business relationship is understood.

9. Employee Solicitation / Hiring

Many designer/developers never think twice about this, but there have been cases where clients have lured employees or freelancers of the developer during or after the project was completed. Of course this has huge negative aspects associated to it if this happens. That is why this area is also extremely crucial to lay out the fact that the client can not solicited the developer’s employees in any way when it comes to potential hiring or additional perks. Specify a certain amount of time for this as well. Typically this time from is between 2-5 years.

10. Entire Agreement

This is the ending of the document that basically should say that the entire document and its attributes fall under the entire contract and that nothing will supersede it. Also, this is the area the will have the client and developers key representative who will sign it, date it, and post their roles within the company. Make sure that any and all modifications after signature are signed with initials of both parties next to the change.

E RADAR IT contract templates

You can purchase a selection of IT contract templates from E RADAR’s web shop. Members can download all the legal templates as part of their membership package.

What's in a web developer contract?

Looking for someone in the US

2014-03-17T12:38:00.001+00:00

Search over 1 billion US records to find debtors, do due diligence and check backgrounds of new staff!

22 e-contract legal and security risks

2014-03-17T10:14:00.001+00:00

A contract is the defining document for cementing the relationship between the business and customer. Not only does it establish the parties’ intentions and expectations on what goods and services have been offered and accepted, the contract should also set out the road map to resolve difficulties if something were to go wrong, for whatever reason.

It goes without saying that the contract must have integrity and be enforceable, if necessary.

This includes e-contracts.

E-contracts – contracts signed electronically- still have the same legal requirements (an offer, acceptable, consideration, intention… etc) as their paper cousins; they are simply a little bit more complicated to define because of the use of technology to create and deliver them.

So, if you are considering using e-contracts in your business here’s my top 22 legal and security risks you need to discuss with your board directors, project teams and lawyers.

Unenforceable e-contracts?

1. The time that an e-contract has been formed may be uncertain;

2. The place where an e-contract has been formed may be uncertain;

3. The authority of an individual to enter into a contract on behalf of another person or entity may be uncertain.

4. Electronic communications may not satisfy statutory requirements for certain contracts to be in writing;

5. Electronic communications may not satisfy statutory requirements for certain contracts to be signed.

6. Depending on the terms of a contract, it may be uncertain whether electronic communications are effective to amend the contract.

7. Depending on the terms of a contract, it may be uncertain whether electronic notices are valid.

8. Disruptions to the availability of a project collaboration system may cause interference with the project.

9.Incompatible technology may be used by the various contracting parties.

10. Disputes may arise between the provider of an online collaboration system and the contracting parties in relation to the use of the system.

11. Disputes may arise between the contracting parties regarding the use of the system.

12. Disputes may arise in relation to the ownership of intellectual property associated with the project.

13. The confidentiality of electronic records may be compromised during communication or retention.

14. Electronic records created and maintained by a system may not be admissible in court as evidence in the event of a dispute.

15. Electronic records created and maintained by a system may not be given the same evidential weight as paper records.

16. There may be difficulty proving the time at which an electronic record has been communicated.

17. The identity of the contracting parties may not be able to be authenticated.

18. The process of disclosing relevant documents in the event of a dispute may be unmanageable as a result of multiple communication and record-keeping methods.

19. Parties may be in breach of their duty to preserve evidence if electronic records are not preserved.

20. Parties may be in breach of their statutory obligations to maintain records if electronic records are not archived appropriately.

21. Where a third party service provider is used, the contracting parties may not have access to electronic records after completion of the project.

22. There is a risk that the statutory record-keeping obligations of government agencies may be breached by using an online collaboration system.

Want to find out more?

Subscribe to E RADAR to discover more resources on e-contracts. Or visit our E Adoption Risk Ladder page.

22 e-contract legal and security risks

53 Essential IT Security Tips For Your Digital Business

2014-03-15T00:09:00.001+00:00

As IT and the Internet matures we are all becoming much wiser about many of the online threats facing us personally and the organisations where we work.

However, cyber criminals are becoming cleverer and more sophisticated too! New threats, different ways of attacking network and information systems, and more sophisticated malware demand that we keep alert at all times.

Ongoing training for all members of staff across the organisation is your first line of defence. You need to keep them informed about the latest threats and what they should and shouldn’t do when working online.

Having policies in place to deal with staff use of business communications and the Internet whilst they are at work is also a priority. Staff policies should be linked to the contract of employment so that you can instigate disciplinary proceedings should a member of staff deliberately abuse the policy.

IT security tips

We’ve listed 53 essential IT security tips for you to consider. We can also provide general training courses in Information Security for staff throughout the year with our network of qualified IT security specialists.

Threat - virus and other software attacks

Tip 1 – Introduce virus-checking software.

Tip 2 – Use a properly-configured firewall between your systems and the Internet.

Tip 3 – Do not open suspect emails or attachments.

Tip 4 – Only enable preview panes once you have removed all suspect emails.

Threat – theft of laptops, personal devices and other hardware

Tip 5 – Maintain a list of your equipment (including serial numbers) and check your physical security.

Tip 6 – Control access to business premises and computer systems.

Tip 7 – Encrypt sensitive data.

Tip 8 – Password protect your hard drive and data.

Tip 9 – Mark your postcode on all hardware with an ultra-violet pen.

Tip 10 – Regularly back-up essential files and store copies in a secure place, away from the premises where the computers are used.

Threat – theft of Intellectual Property / copying of information

Tip 11 – Make safe your customer or prospect lists, ideas and designs, and correspondence.

Tip 12 – Check who has access to your systems and log usage.

Tip 13 – Check physical security of computers and back-up files.

Tip 14 – Make sure all your security staff are adequately vetted.

Threat – mishandling of personal information

Tip 15 – Notify the Information Commissioner that you process personal information.

Tip 16 – Ensure you understand the 8 Data Protection Principles.

Tip 17 – Don’t allow your computer screens to be viewed from the street.

Threat – financial fraud and theft on-line

Tip 18 – Understand the risks associated with different types of ‘card not present’ transactions, including cardholder not receiving goods, or goods sent to another address.

Tip 19 – Validate new customers and suppliers using published information from trusted sources.

Tip 20 – Obtain an online credit status report and electronic identity check.

Tip 21 – Report fraud or attempted fraud to your local Police.

Threat – unauthorised email access/misuse/abuse

Tip 22 – Protect email systems against accidental misuse.

Tip 23 – Ensure workers know about policies on sending or publishing illegal or offensive materials via email or on a website.

Tip 24 – Check that the policies are lawful and enforceable.

Tip 25 – Always ‘inform’ users that you may monitor their communications.

Threat – unauthorised Internet browsing

Tip 26 – Protect website against accidental misuse.

Tip 27 – Ensure workers know about policies on viewing non-work related websites or visiting offensive or illegal websites.

Tip 28 – Check that the policies are lawful and enforceable.

Tip 29 – Always ‘inform’ users that you may monitor their communications.

Threat – sabotage of data

Tip 30 – Protect against unauthorised amendment or deletion of records to disrupt the business or for financial gain.

Tip 31 – Ensure that regular back-up copies are securely stored.

Tip 32 – Check data regularly for changes in nature or size.

Tip 33 – Adopt vetting procedures for workers doing tasks deemed higher risk.

Threat – identity theft

Tip 34 – Protect against impersonation and developed identities.

Tip 35 – Do not provide personal information without validating the identity of the organisation making the request.

Tip 36 – Implement security measures to prevent theft of business records for use in identity theft.

Tip 37 – Use identity authentication and credit status checking services.

Threat – spoofing attacks/passing off

Tip 38 – Protect against impersonation of the business.

Tip 39 – Forward email to sender’s ISP for action and adjust your filters to block unwanted email.

Threat – denial of service attack

Tip 40 – Protect against attempts to prevent legitimate users of a service from accessing or using the service, including ‘flooding’ a network with mass e-mail and disrupting connections between machines.

Tip 41 – Contact your ISP if you suspect an attack.

Regularly practice restoring files onto your systems

Tip 42 – Draw up a set of comprehensive computer/information security policies for yourself and your staff.

Tip 43 – Maintain a list of your equipment (including serial numbers) and check your physical security.

Tip 44 – Introduce virus-checking software.

Tip 45 – Use a properly configured firewall between your systems and the internet.

Tip 46 – Do not open suspect emails or attachments.

Tip 47 – Only enable preview panes once you have removed all suspected emails.

Tip 48 – Control access to business premises and computer systems.

Tip 49 – Password protect your hard drive and data.

Tip 50 – Mark your postcode on all hardware with an ultra-violet pen.

You’ll notice that some of these tips are repeats. It’s deliberate in order to get you into the regular cycle of IT security management: Plan Do Check Act, Plan Do Check Act, Plan Do…. you know what I’m saying.

And for those of you who were expecting 53 tips instead of just 50… for the time it took you to read to the end of this article 3 more people in the UK became victims of identity theft.

Just goes to show that 3 is a magic number!

4 Must-Know Tips for Protecting Your Identity

How To Prevent Identity Theft and Protect Your Credit Score

Identity Theft Prevention Information

These fake investigations by data protection regulators have to stop

Seven lies about privacy (and how you can debunk them)

53 Essential IT Security Tips For Your Digital Business

European Parliament approves Network Information Security Directive

2014-03-14T23:16:00.001+00:00

The European Parliament has approved the Network and Information Security Directive which aims to improve the security of information communications and technology systems across the EU.

According to EU Commissioner Neelie Kroes, MEPs will now work with the EU Council on a final text for the directive, with the aim of reaching agreement by end-2014.

The European Commission published its original proposals for a directive on Network Information Security on 7th February 2013. The Directive intends to boost trust and smooth the functioning of the European internal market. Regulatory obligations would create a level playing field and close existing legislative loopholes.

The Directive promotes robust network and information security for all critical national infrastructure. Its objectives include establishing national authorities to collate and share information regarding threats and attacks; introducing mandatory reporting of significant breaches, which may be made public at the discretion of the national authority; and imposing sanctions for failure to meet required standards.

The Directive has proven controversial. Stakeholders have challenged its scope and overlap with existing regulation, sought greater clarity on which breaches must be reported and resisted the principle of mandatory reporting and the risk of subsequent publicity.

Network Information Security Directive – key proposals

Member States will have to put in place a minimum level of national capabilities by establishing NIS national competent authorities, by setting up well-functioning Computer Emergency Response Teams (CERTs), and by adopting national NIS strategies and national NIS cooperation plans;

NIS national competent authorities will have to exchange information and to cooperate so as to counter NIS threats and incidents;

operators of critical infrastructure (such as energy, transport, banking, stock exchange, healthcare), key Internet enablers (e-commerce platforms, social networks, etc) and public administrations will be required to assess the risks they face and to adopt appropriate and proportionate measures to ensure NIS. These entities will also be required to report to competent authorities incidents with a significant impact on core services provided.

EU Parliamentary revisions

The European Parliament‘s revisions to the Network Information Security Directive included to:

focus the Directive’s scope on infrastructure operators, including certain financial institutions, and removing ‘key internet enablers’ such as social media and e-commerce platforms;

propose greater clarity for when a cyber incident would be sufficiently ‘significant’ to trigger an obligation to report it to a designated national authority; and

propose some degree of comfort for companies that do report an incident by limiting the circumstances in which they would be subject to a legal penalty.

Following approval of the Network Information Security Directive on 13th March 2014, Commission Kroes said

“Now we must all engage closely with the Member States, make sure that they realise the importance of this issue, and aim for a final agreement by the end of 2014.

But speed should not be at the expense of substance. People need to regain trust in technology, with the legal safeguards that protect their interests.

My ambition is to make Europe the world’s safest online space. I hope that the European Parliament and national Governments share this ambition.”

Further information

European Commission Press Release – 13th March 2014

European Parliament approves Network Information Security Directive

Common European Sales Law - Open Letter to UK Government

2012-10-12T10:10:00.000+01:00

The UK Government must step up its efforts to find a practical solution to the Common European Sales Law (CESL) proposal, which is currently before the European Parliament. Small and medium-sized businesses are the backbone of the British economy and require all the necessary tools to help meet the demands of government to grow us out of recession.

There are compelling economic arguments for a pan-European contract law system, which consumers and business can opt in to. However, we remain concerned that current opinions are too academic without realising the practical benefits cross-border trade will have on business growth. We worry that the UK Government will simply reject the text without championing British business and the consumer.

Compared to other global economic markets, the European Single Market is hindered by regulatory fragmentation. Currently the Commission is addressing this major trade barrier with CESL. We welcome this initiative as it will harmonise consumer rights and offer businesses the option to use one contract to trade throughout the EU. This will make it easier for local businesses to target and access the single market.

Currently one in five businesses exports goods and services and Europe is our biggest market. Complicated and varying national legal systems add barriers to accessing these markets and many small businesses would prefer to stay in the UK rather than operate across Europe with exposure to many different foreign laws all at once. This does not give confidence to markets already sensitive to the economic downturn

Full harmonisation of consumer law has failed under the Consumer Rights Directive (CRD) as it only harmonises three areas of sales law: pre-contractual information, the right of withdrawal and risk management. The CRD also contains minimum harmonisation clauses, which allow member states to create or maintain national rules. The net result is a quasi harmonisation of consumer law across the EU, meaning there will be no unified law under which (for example, internet) sales can be made in Europe. Therefore, there is an economic argument to have an instrument such as CESL.

In addition to the three areas of sales law in the CRD , the CESL harmonises 10 areas of sales law. CESL is a comprehensive set of rules, covering almost all aspects of a cross-border (online) sales transaction. A 2009 Commission report suggested that up to 60 per cent of EU cross-border e-commerce contracts failed. This is unacceptable for UK online business struggling to grow us out of recession.

CESL has the potential to boost growth and give businesses the option to comply with one set of rules, avoiding the added legal costs associated with local markets. We believe the cost of the existing diversity is greater than the cost of the new regime. Differences between national laws are maintained through the minimum harmonisation clauses in various pieces of legislation - the body of law businesses currently have to deal with, multiplied by the number of member states they export to. For example, the CRD offers the possibility to maintain or introduce national rules on sales contracts (recitals 13, 51), on termination or unenforceability of a contract (recitals 42, 48, 52), and on remedies (recital 53). CESL would harmonise these areas of law.

We are aware of other solutions and softer measures that have been put forward, for example model contracts. We would accept that model contracts can be useful, but these would need to have a common legal base, which CESL would establish. Without the legal base, model contracts will fall back on the existing acquis and this will not solve the regulatory fragmentation.

CESL would advantage both business and consumer, potentially leading to diversification, wider availability and lower prices of products.

We also welcome the inclusion of business-to-business (B2B) contractual relationships in CESL. In professional relationships, small businesses would benefit from lower legal costs. There is major potential for economic gain thanks to the simplification of negotiations between businesses.

The UK Government wants British business to grow through exports, which means finding new markets, using contracts, broadening consumer choice, and benefiting from the Single (Digital) Market. Yet, the Government does not actively support an instrument that combines all these things. We find it short-sighted that the Government will deny (small) businesses an export instrument when growth through export is essential. We urge the Government to embrace CESL in principle and work constructively with the European Parliament and other member states to make CESL an easy to use, off-the-shelve tool for new and existing exporters of British businesses.

E RADAR needs your help!

Are you a small or medium-sized business trying to do business online across Europe? Would a pan European standard contract law system help your business reach out to new markets and more consumers? Please get in touch (or comment below) as we'd like to hear from you...

Please visit our main article on CESL at E RADAR | Smarter business online

IT and skills shortage: don’t blame the schools

2012-10-03T16:01:00.001+01:00

IT and skills shortage: don’t blame the schools

Time to redefine free speech?

2012-09-20T14:17:00.000+01:00

The monstrous comments appearing on some social media websites following the murder of two police women in Greater Manchester is unacceptable. The laws are not tough enough to deal with the sick idiots who are causing so much distress not only for the victims' family friends and colleagues, but for any decent-minded person that reads them.

We now need to have a rigorous debate on what constitutes 'freedom of speech' and to strengthen our laws to protect the innocent. But, I don't believe this should include arming every police officer, as some have called for. The debate is not about personal freedoms but about having respect for other people and contributing to the greater good of society, including the online information society in which we now all live. Only this morning I heard that the Crown Prosecution Service will not take any further action against the Twitter troll who made disparaging remarks about Olympic diver Tom Daley. The reason given was that the troll didn't intend Tom Daley to see the remarks he made. For goodness sake, he made the remarks on Twitter, one of the world's leading social media websites and where Tom has a very popular following! What did he expect?

I don't like laws for the sake of laws, and I certainly don't believe in governments meddling in our private lives. But I do believe that we are reaching a tipping point where we need to redefine who we are and what we are trying to achieve as a society. Social media seems to trade all that is good and is bad within us, self therapy without the consultant's fees but where we still need to face up facts.

People will find it uncomfortable to challenge precious-held rights, but we do live in a world where laws do exist to protect the innocent. Maybe the real role of social media is to act as catalyst to change.

Further information

Director of Public Prosecution's Statement on Social Media Prosecutions

Fair Warning - 7 Legal Risks of the Online Auction

2012-09-19T10:17:00.001+01:00

Online auctions (or e auctions) is a growing market and can catapult the regional auction house onto an international stage with access to new and dynamic global customers.

eBay and other similar companies have added many different auction capabilities to their websites to attract users and add excitement. But running an online auction - an auction which is held over the Internet - raises many legal issues both for the seller and the buyer.

This article looks at ways to mitigate the company's legal risks which come from adding an auction to a corporate website. The information does not constitute legal advice and organisations considering an online auction should always seek expert opinion.

1. What kind of auction?

An auction is a sale where buyers bid the highest price for an item and the fall of the auctioneer's hammer confirms the deal. This English auction is the most common type, but there are others and each carry their own legal risks and responsibilities, including:

Vickrey auctions - the highest bidder obtains the item at the price offered by the second highest bidder;

Dutch and Yankee auctions - auctions formatted to handle a situation in which a seller wishes to sell multiple, identical items;

First-price sealed-bid auction - a single bid is made by all bidding parties and the single highest bidder wins, and pays what they bid. The main difference between this and English auctions is that bids are not openly viewable or announced as apposed to the competitive nature which is generated by public bids;

Reverse auction - where the roles of buyer and seller are reversed. Multiple sellers compete to obtain the buyer's business and prices typically decrease over time as new offers are made. They do not follow the typical auction format in that the buyer can see all the offers and may choose which they would prefer. Reverse auctions are used predominantly in a business context for Procurement.

Bidding fee auction, or penny auction requires customers to pay for bids, which they can increment an auction price one unit of currency at a time

2. Bidder terms and conditions

Sophisticated auction websites such as eBay publish several policies that cover the variety of goods intended for auction. Less sophisticated sites will still need to carry bidder terms and conditions which include:

the method by which bids will be processed;
how winning bids will be handled;
how winning bidders will be notified;
the use of “reserve” prices (a secret price below which no bid is accepted); how disputes between bidders will be addressed;
how merchandise and payments will be shipped;
refund and return policies;
information on fees, membership eligibility requirements, and feedback mechanisms;
which country's jurisdiction and laws will apply.

The rules may also include a list of prohibited items due to their potentially hazardous or unlawful nature (e.g., firearms, chemicals, or fireworks). Some countries may also prohibit certain products, such as France's ban on the sale of Nazi memorabilia.

The European Distance Selling Directive does not apply to online auctions so bidders acting in a private (rather than a business) capacity do not have the right to a cooling of period, as consumers generally do when purchasing products 'at a distance'.

3. Sale of goods 'as seen'

Offline, items are sold in auction 'as seen'. Companies that are auctioning off their own goods (as opposed to merely creating a forum for third party transactions) should be particularly aware of the legal issues that auctioning specific items may pose, such as rare wine which may be subject to pricing or shipping regulations. Similarly, although companies may be tempted to describe their goods for auction with glowing words to encourage bidding, they should bear in mind that all the rules, regulations, and laws which govern the conventional sale of goods still apply.

4. Privacy

Most auction sites require that users, both bidders and sellers, register before participating. The registration process usually involves collecting some user information, including name, address, phone number, etc. The auction site owner should publish and adhere to a “privacy policy” regarding how it collects and utilizes user information online. This includes compliance with the EU cookies rules in EU member states as well as Data Protection.

Auction rules do vary significantly in other countries, so companies may wish to limit participation to their own country. However, if you do allow those in other countries to participate in online auctions, you must be aware of international privacy laws and regulations.

5. User feedback

Following the lead from eBay, many auction sites now provide a feedback mechanism through which registrants can provide post-transaction commentary about other users. This user “feedback” is meant to keep the bidding process open and honest, and to allow customers to communicate their satisfaction or dissatisfaction with the seller and its goods. However, user feedback has already become the basis of at least one libel lawsuit, in which one car retailer sued another, alleging that the defendant had posted false and defamatory feedback.

Companies should incorporate rules concerning the content of user communications in their web site terms and conditions (not the same as bidder terms and conditions) as well as expressly disclaim all responsibility and liability for user-provided content.

6. Website terms and conditions

Website terms and conditions govern visitors' use of your website. It covers issues such as legal notices, ownership of intellectual property, use of hyperlinks and disclaimers.

A “clickwrap” agreement requires the users to view the agreement and click “I Agree” or some similar wording before gaining access to the site or a feature. Terms and conditions are usually accessible through a link at the bottom of the home page of the site and do not require viewing or consent. Although many companies opt to have terms and conditions rather than clickwraps because of their more user-friendly nature, as between the two, clickwraps are more likely to be found to be enforceable in court.

7. Money laundering

In a cash high business, you have to take a zero tolerance attitude towards money laundering. Not only will the regulators come down heavy on an organisation that doesn't have sufficient controls in place to prevent money laundering, but it also doesn't look good from a commercial and professional standing. Knowing who's who is an essential part of the registration process if users are not already known to the auctioneers.

And finally...

Auction companies tend to outsource the online part of their operations to hosting companies such as i-bidder. Not only does this ensure that expertise and service is consistent, but the auction company will also get access to a wider market as well as Internet savvy customers. All in all, professional auction houses will always ensure that customers have a safe and enjoyable browsing experience when bidding online.

Further information

Visit the E RADAR website at www.eradar.eu to find out more about the risks with doing business online.

E RADAR | Smarter business online

2012-09-17T14:43:00.001+01:00

The Internet and social media are transforming our lives in ways which were never deemed possible just a decade ago. Today, we are all empowered to write news, influence events, and be part of a growing online community providing rich content to help make our own individual lives that much more fulfilling.

For example, it's truly remarkable that: grandparents can see and talk to their grandchildren thousands of miles away in real time; communities can come together to clean up after local rioting; the 2012 Olympic and Paralympic Games reached an estimated global audience of 4.8 billion; and businesses in the remotest parts of the country get online to find new international markets.

Sure, there is a downside which comes with any social interaction, but the strengths and opportunities from the Internet Age far outweigh the seedy actions of a few. Access to to the super information highway has fast become a human right, a right which I blogged about just a few days ago in The 10 Commandments of the Internet Age.

We've now had over fifteen years of the 'commercial' Internet where organisations have taken up the baton of doing business electronically en masse across open public networks. Today, we have a better idea of the strengths, weaknesses, opportunities and threats from electronic communications, and we now need to get smarter in how we apply this knowledge we have learned.

Why E RADAR?

I set up E RADAR to empower business owners, commercial investors and top managers with straight forward, good quality information about the risks of doing business online. There's plenty of information out there and some excellent websites. But, there's a load of crap information out there too! E RADAR aims to distinguish good from bad and bring the good stuff together onto one website - a 'one-stop shop' for online professionals. E RADAR is about having quality information rather than too much of it. We want to save you time, money and other resources by helping you to prioritise what's important to you and your online business.

We promote an enabling legal and regulatory environment to support enterprise, competition and innovation across the whole online economy, building trust and confidence for everyone.

What's the problem?

Legal uncertainty

Today's organisations are struggling to understand the complete e-contracting/procurement life-cycle that underpins the basic economic principle of supply and demand. For example, complex issues exist around orchestrating, signing, executing and recording transactions electronically from start to finish while enforcing business rules to reduce errors and ensure full regulatory and audit compliance.

Assurance of information, people, processes and technology is fundamental to the success of the life-cycle. This can only be achieved through the collaboration of all supply and demand chain partners, including government and other non-commercial participants. Use of IT across the organisation plays a leading role in bringing all these concepts together.

Knowledge-gap

Doing business over the Internet or through other online technologies opens onto a world of opportunity but also onto a world of risk. The more online your organisation becomes, the more risks it faces. Laws and regulations should provide certainty around which you can build your online business using governance and compliance tools, but often the reality is very different.

Understanding the online legal and regulatory environment is everybody's business, not just the lawyers. E RADAR provides basic and more advanced governance, risk and compliance tools to suit the needs of everyone in the organisation.

Keeping up-to-date

How do you know what you need to know about laws and regulations? Where do you find the information, how long will it take me, and how much will it cost?

E RADAR monitors public policy, including laws and regulations, standards and best practice to ensure that you get the latest intelligence at a reasonable cost.

Information assurance

Information is plenty and free across the Internet, but can you trust it and how do you measure its value to your business?

E RADAR only sources, collates and analyses information from trusted networks ie. recognised authorities and specialists. We also ensure that information is written down clearly, in plain English for a non-legal, non-technical audience.

Lack of empirical data

We need case studies to illustrate the potential and real impact of laws and regulations upon the business.

E RADAR provides business networking tools and opportunities to share thought-leadership and best practice, as well as opportunities to discuss concerns with policy-makers at the earliest opportunity when dialogue is most valuable.

What does E RADAR do?

E RADAR is a trusted, independent platform where participants can come together to learn, discuss, debate and evaluate as part of their decision-making on governance, compliance and risk. We provide a knowledge vault, interactive business networking channels, consultancy and training services to support all organisations transacting electronically, across every sector.

E RADAR is unique. Our overall aim is to take organisations on a governance and compliance journey that builds certainty and trust which leads to new markets, more customers and a better business.

E RADAR focuses on the legal and regulatory challenges facing the whole online supply and demand chain. E RADAR represents participants who want to come together in order to share thought-leadership and good practice.

Mission

Our mission is to promote global online competitiveness, enterprise, and innovation through good governance and compliance. We are a customer-driven company dedicated to promoting value by developing, maintaining and enhancing working relationships with all stakeholders.

Philosophy

Our philosophy is simple smart

Be the very best at what we do;

Customer first, all else will follow;

Be professional and polite at all times;

Take pride in and value our work;

Respect the environment and people around us;

Have fun

Further information

Check out our new interactive website at www.eradar.eu

E RADAR staying on top of its game!

2012-09-16T15:00:00.000+01:00

You will have noticed that until today we haven't been posting many articles on Blogger. In fact, the last one I posted was early 2011.

This changes from today.

From this moment you will see regular updates from team E RADAR on the latest news, views and opinion about doing business electronically. I set up E RADAR two years ago because there is no dedicated website anywhere in the world focused on the legal and regulatory challenges facing entire online business, and written for commercial decision makers. There's a lot of good information out there, from law firms and legal practitioners, through governance and compliance professionals, to risk management and software companies. But it all needs bringing together in a smarter way - for understanding, for learning and for doing better business online.

So, myself and a small team got our heads down and started pulling the threads together. The E RADAR website has been two and a half years in development and now provides you with free business intelligence on many different areas of online trading: online privacy, electronic supply chain, intellectual property, data protection, e-contracting, public sector information, e-invoicing, EU digital single market and much more. We particularly want to help small and medium-sized organisations understand the legal and regulatory risks associated with doing business electronically, and seize the commercial opportunities available from using web-based technologies.

Have a look, see what you think and why not contact us if you'd like to publish some articles with us. We are looking for quality, not quantity, and are determined to help share knowledge and experience to help the online economy get back on its feet.

Visit us at www.eradar.eu

The 10 Commandments of the Internet Age

2012-09-16T14:21:00.000+01:00

Brazil is close to passing the world’s first Internet Bill of Rights. The Marco Civil da Internet aims to guarantee basic protections for internet users, and is considered a major step forward for online law.

In development since 2009, the civil regulatory framework was created through public consultation and has undergone many changes, eventually reaching the Brazilian Chamber this year.

The Bill has catapulted Brazil to a progressive position in digital policymaking, potentially serving as a model for other countries trying to balance user rights against interests of online companies and law enforcement.

The crucial vote will take place in Brazil’s Congress on 19 September.

With such wide participation from Brazil's population, it is expected that some would criticize and some would support the initiative. Many are in favour of the final version of the Bill of Rights.

Yet, despite such support, the bill still divides opinions. While the majority seems to support passing of the bill, some position themselves against it, because of the broad freedom that Marco Civil brings to the Internet.

The proposal would mean service providers (such as Youtube, LinkedIn, Twitter and Facebook) would not have any responsibility over the content being uploaded by their users, and wouldn't be able to remove content - even if offensive - without a warrant, because such attitude is seen as a violation of freedom of expression. Professor Marcelo Thompson, from the University of Hong Kong, explains:

"If the online service provider knows with certainty it is hosting content crudely offensive to someone’s privacy, sexual orientation, children’s rights, you name it, and does nothing about it — actually, even if the provider explicitly acknowledges the offensive nature of the content, even if it acts out of sheer cruelty in leaving things as they stand –, its conduct will not carry any liability whatsoever."

Criticism

But critics think that the proposed law violates Brazilian rights of security and response of anonymity and defends the exemption of liability providers, thus making the Internet 'lawless'. The Constitution of Brazil establishes that the expression of thought is free and anonymity forbidden.

Telecommunications companies and the copyright industry are also strongly lobbying the Chamber of Representatives to put a hold on the Internet Bill of Rights because the issue of net neutrality is included in the Bill.

US Digital Bill of Rights

Meanwhile in the US, Republican Rep. Darrell Issa, is stoking an online debate on what a potential "Digital Citizens' Bill of Rights" could look like.

He posted his proposed Bill on Madison, a collaborative bill-editing site and users have been making edits and revisions to it. It's a neat work in progress as people collaborate and try to define those rights that we hold dear online, in a way that can be protected from a potentially over-zealous government.

The US government is responding to entreaties from major corporations (i.e. The Recording Industry Association of America),who are seeking more tools to protect themselves against online users who are peddling counterfeit goods or pirated digital content. But many worry the government powers would be too extensive, allowing law enforcement to shut down websites and blogs that display potentially infringing content.

Issa's Bill sets out ten important rights for online users... and so to our Ten Commandments...

The 10 Commandments of the Internet Age

1. Freedom - digital citizens have a right to a free, uncensored Internet

2. Openness - digital citizens have a right to an open, unobstructed internet

3. Equality - all digital citizens are created equal on the internet

4. Participation - digital citizens have a right to participate peacefully where and how they choose on the internet

5. Creativity - digital citizens have a right to create, grow and collaborate on the internet, and be held accountable for what they create

6. Sharing - digital citizens have a right to freely share their ideas, lawful discoveries and opinions on the internet

7. Accessibility - digital citizens have a right to access the internet equally, regardless of who they are or where they are

8. Association - digital citizens have a right to associate freely on the internet

9. Privacy - digital citizens have a right to privacy on the internet

10. Property - digital citizens have a right to benefit from what they create, and be secure in their intellectual property on the internet

Further information

Internet Governance Forum

This article was first published on E RADAR | Smarter business online

Complaints against Telecoms Providers

2011-04-21T10:12:00.001+01:00

Ofcom has announced the most complained about major telecoms providers, based on all consumer telecoms complaints received by Ofcom between October 2010 and February 2011.

Who can be surprised that telecoms provider TalkTalk comes at the top of the list of complaints? The company's first line call centre, based in the Far East, is a tangled mess with operators taking an unacceptable time to answer calls, unable to speak clearly, and not sharing information across different departments. The company has apologised and puts the problems down to a new pricing structure it has introduced recently.

I've had horrendous problems dealing with TalkTalk and did threaten legal action for breach of contract (which I was prepared to act upon). To their credit, the company did back down and refunded monies into my account. I was also impressed with their 2nd line technology team which is based in Warrington/Preston and which is TalkTalk owned. I suspect that their Far East Call Centre is not!

For what it's worth, here are some tips when dealing with telecoms providers.

1. Write everything down: time you called, who you spoke to, what was said and what was agreed. Courts in the UK have upheld consumer complaints when evidence has been produced.

2. Be polite, but firm. Don't lose your rag because it's likely that you will be cut off.

3. Monday morning around 8am GMT is a good time to call them. You usually don't have to wait that long.

4. If your problem persists, go straight to the top and bypass all customer services. We can tell you how to do this and give you further advice

Dear Customer

2011-04-14T16:38:00.000+01:00

Don't you just hate 'Dear Customer' letters from public institutions?

"As part of our commitment to delivering a better service, you'd better pay your parking fine or else we'll have the bailiffs round to sort it," they dictate in a wierd, patronising way.

It's as if the official is smiling to your face but plunging a dagger into your back whilst he's distracting you. I knew there was something odd about Tony Blair

E RADAR - business network and legal resource centre for online organistions seeking competitive advantage

2011-04-12T08:49:00.000+01:00

E RADAR aims to help SMEs (small and medium-sized enterprises) understand their legal and regulatory risks with doing business online. We provide business know how and the UK's most up-to-date check list of ICT laws and regulations for a non-technical audience. We've just introduced a new Template Centre where you can dowload a host of legal templates, including software license agreement, email footer, website terms and conditions, privacy policy.

We also help SMEs to get competitive advantage by using current rules and regulations. For example, why not extend the data protection regime to all your business-confidential information as well as your personal data? This action ensures you audit your information assets so you know what you have, but tell your customers that you are doing it. A good public relations strategy to ensure you tell the outside world what you are doing also helps -

Don't allow your computers to be viewed from the street

2011-04-08T13:06:00.002+01:00

Many organisations have street-level office windows through which passers-by can see computer screens. Put up some blinds - showing off ICT equipment attracts potential thieves as well as breaches Data Protection rules!

Relevant law Data Protection Act 1998 | Theft Act 1968

Want to comment? Talk:Data Protection

EU Data Protection Day

2011-01-13T23:27:00.000+00:00

On 28 January 2011, the European Commission, the Council of Europe and its Member States will celebrate Data Protection Day for the fifth time.
EU Data Protection Day

Snow and ice cause weather website traffic to triple

2010-12-05T17:14:00.000+00:00

Well, I'm not surprised about these latest statistics - I probably doubled the figures just on my ow
See Article

Consumer Electronics and Carbon Reduction

2010-11-18T08:30:00.001+00:00

UK Government announces new consultation on the role of appliances and consumer electronics in the Carbon Emissions Reduction Targets (CERT)

http://content.govdelivery.com/bulletins/gd/UKDECC-29da2

Broadband | Europa - Information Society

2010-11-11T10:27:00.000+00:00

Broadband | Europa - Information Society - a great resource for keeping up-to-date with EU broadband policy

Government publishes departmental business plans

2010-11-08T21:29:00.000+00:00

The online world is changing so quickly that it’s difficult for organisations to know what they really need to know about government policies. Business plans are a familiar discipline for commercial organisations and they set an agenda to focus effort on delivering key objectives. Today’s publications show that Government is getting down to the real business of economic recovery and giving organisations the necessary footholds on which to participate in policy-making.

Data Protection Review

2010-10-31T20:25:00.000+00:00

Seems the Data Protection Directive will be looked at again, especially on cookies and transfer of data outside EU. Can't help but think it will take 4 years plus to sort out - by that time technology, business processes and people behaviour will move on - and new laws will be out of date.

E RADAR | Smarter business online

The 10 Commandments For Digital Life | E RADAR

5 Internet Urban Myths Debunked | E RADAR

Are You On Twitter? Are You A Twitter Twat?

Clever bird

Are you on Twitter?

What's in a web developer contract?

Form of agreement

Terms of business

1. Definitions and Interpretation

2. Services of the Developer

3. Fees and Payment

4. Cancellation

5. Intellectual Property

6. Designer/Developer Warranties

7. Client Obligations

8. Termination

9. Confidentiality

10. Assignment

11. Notices

12. Law and Disputes

Works schedule

General considerations

Ownership

Exclusivity and bargaining power

Top 10 tips for project managers

1. Scope of Services

2. Price and Payments

3. Term and Termination

4. Ownership of Intellectual Property

5. Confidential Information

6. Warranty and Disclaimer

7. Limitation of Liability

8. Relation of Parties

9. Employee Solicitation / Hiring

10. Entire Agreement

E RADAR IT contract templates

Looking for someone in the US

22 e-contract legal and security risks

Unenforceable e-contracts?

Want to find out more?

53 Essential IT Security Tips For Your Digital Business

IT security tips

Threat - virus and other software attacks

Threat – theft of laptops, personal devices and other hardware

Threat – theft of Intellectual Property / copying of information

Threat – mishandling of personal information

Threat – financial fraud and theft on-line

Threat – unauthorised email access/misuse/abuse

Threat – unauthorised Internet browsing

Threat – sabotage of data

Threat – identity theft

Threat – spoofing attacks/passing off

Threat – denial of service attack

Regularly practice restoring files onto your systems

Related articles

European Parliament approves Network Information Security Directive

Network Information Security Directive – key proposals

EU Parliamentary revisions

Further information

Common European Sales Law - Open Letter to UK Government

IT and skills shortage: don’t blame the schools

Time to redefine free speech?

Further information

Fair Warning - 7 Legal Risks of the Online Auction

1. What kind of auction?

2. Bidder terms and conditions

3. Sale of goods 'as seen'

4. Privacy

5. User feedback

6. Website terms and conditions

7. Money laundering

And finally...

Further information

E RADAR | Smarter business online

Why E RADAR?

What's the problem?

What does E RADAR do?

Mission

Philosophy