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Cumbley R.,Linklaters LLP
Computer Law and Security Review | Year: 2010

British Gas is currently seeking to recover around £220 m from Accenture in respect of Accenture's design and build of a new billing system. Two judgments on preliminary issues in the litigation were handed down in November 2009. This article provides the background to the dispute and then examines three areas considered in the judgments which are of general interest to practitioners. First, the article considers the issue of breach and the extent to which aggregation of breaches and a forward looking approach to their consequence may assist in determining their materiality. Secondly, the article considers the nature of notices of breach given under IT contracts. Finally, the article looks at issues of allocation of certain categories of loss to the two different limbs of Hadley v Baxendale, and as a result their potential recoverability. © 2010 Linklaters LLP. Source

Erkal N.,University of Melbourne | Piccinin D.,Linklaters LLP
International Journal of Industrial Organization | Year: 2010

This paper analyzes the effects of cooperative R&D arrangements in a model with stochastic R&D and output spillovers. Our main innovation is to allow for free entry in both the R&D race and product market. Moreover, in contrast with the literature, we assume that cooperative R&D arrangements do not have to include all the firms in the industry. We show that sharing of research outcomes is a necessary condition for the profitability of cooperative R&D arrangements with free entry. The profitability of RJV cartels depends on their size. Subsidies may be desirable in cases of larger RJVs since they are the ones which are less likely to be profitable. © 2009 Elsevier B.V. All rights reserved. Source

Cumbley R.,Linklaters LLP | Church P.,Linklaters LLP
Computer Law and Security Review | Year: 2013

We now live in a world of Big Data, massive repositories of structured, unstructured or semi-structured data. This is seen as a valuable resource for organisations, given the potential to analyse and exploit that data to turn it into useful information. However, the cost and risk of continuing to hold that data can also make it a burden for many organisations. There are also a number of fetters to the exploitation of Big Data. The most significant is data privacy, which cuts across the whole of the Big Data lifecycle: collection, combination, analysis and use. This article considers the current framework for the regulation of Big Data, the Article 29 Working Party's opinion on Big Data and the proposed new General Data Protection Regulation. In particular, the article considers if current and proposed regulation strikes the right balance between the risks and benefits of Big Data. © 2013 Linklaters LLP. Source

Cumbley R.,Linklaters LLP | Church P.,Linklaters LLP
Computer Law and Security Review | Year: 2011

This article looks at the European Commission's recent revisions to the controller-processor model clauses to allow the transfer of personal data to processors and sub-processors based outside of the EEA. These new sub-processing provisions are the subject of a recent opinion by the Article 29 Working Party that is both helpful and is likely to ease the use of these clauses. However, many of the other problems associated with the use of these clauses remain, especially the lengthy and bureaucratic filing and approval requirements mandated under many national laws. © 2011 Linklaters LLP. Published by Elsevier Ltd. All rights reserved. Source

Buckley B.,Linklaters LLP | Hunter M.,Linklaters LLP
Computer Law and Security Review | Year: 2011

The popular social networking site, Facebook, recently launched a facial recognition tool to help users tag photographs they uploaded to Facebook. This generated significant controversy, arising as much as anything, from the company's failure to adequately inform users of this new service and to explain how the technology works. The incident illustrates the sensitivity of facial recognition technology and the potential conflict with data privacy laws. However, facial recognition has been around for some time and is used by businesses and public organisations for a variety of purposes - primarily in relation to law enforcement, border control, photo editing and social networking. There are also indications that the technology could be used by commercial entities for marketing purposes in the future. This article considers the technology, its practical applications and the manner in which European data protection laws regulate its use. In particular, how much control should we have over our own image? What uses of this technology are, and are not, acceptable? Ultimately, does European data protection law provide an adequate framework for this technology? Is it a framework which protects the privacy of individuals without unduly constraining the development of innovative and beneficial applications and business models? © 2011 M. Taylor. Published by Elsevier Ltd. All rights reserved. Source

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