Egos Ltd – Recent statutes, regulations, and cases affecting the IT industry

For more details on any item, just follow the link;  where the link is to a case, the link will generally take you to more information on the decision, and any relevant egos comment.

October 2004

January 2004

 

December 2003

·         E-Commerce Regulations 2002

·         Distance Selling Regulations 2000

·         Privacy & Electronic communications regulations 2003

·         The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003 - With effect from December 1, 2003, it is unlawful  to use a hand held mobile phone while driving, or to "cause or permit" another person to drive whilst that other person is using a phone

March 2003

·                     Synaptek v Young

Summary:

A case, supported by the PCG, under the IR35-related National Insurance provisions;  the contractor lost;  clarification of the basis on which IR35 cases are to be decided, of the nature of the decision to be taken by Commissioners hearing such cases, and of the basis on which the High Court can interfere;  useful comment on MOO and substitution.

October 2002

Summary:

A case, supported by the PCG, under the IR35-related National Insurance provisions;  the contractor won, income from the contract in question was held to be outside the scope of these provisions.

Summary:

Section 216(3) of the Copyright, Designs and Patents Act 1988 was not limited to cases in which an employee made designs "for" his employer. It applied equally where the designer was the managing director and majority or sole shareholder of a company, who carried out the design in the company's time and with its equipment.  More details and egos comment…

September 2002

Summary:

A permanent injunction was granted against an independent consultant who worked for the claimant to restrain threatened breaches of confidence by using, publishing or disclosing confidential materials acquired by the defendant in the course of working for the claimant and wrongfully retained by him after termination of his services.  More details and egos comment…

August 2002

July 2002

When they come into force, these regulations will result in this industry becoming significantly more restricted in the way business is conducted, and also highly regulated.  Failure to comply with the detailed requirements may

·          have criminal consequences for both a company and also individuals concerned in its management;  and

·          give rise to proceedings leading to a prohibition order, the effect of which may be to close a business down, and to prevent individuals concerned in its management starting up again;  and

·          give rise to civil liability to anyone who has suffered loss as a result;  and

·          result in some contract terms becoming unenforceable.

Additionally, they shift the commercial balance of arrangements relevant businesses may make in certain significant respects.

Overall, it is critically important for all those involved in the industry – and particularly those involved in Employment Agencies and Businesses – to make themselves thoroughly familiar with the Regulations, and to ensure that they are complied with.

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Source of case reports:  Lawtel http://www.lawtel.co.uk, copyright acknowledged.

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