Maker of database meaning

‘CV-Online Latvia’ SIA v ‘Melons’ SIA Case C-762/19 What are the practical implications of this case? Across the EU, when a website or online database provides a search tool that automatically draws into its results information sourced from third-party databases, this will typically infringe database right. There can, however, be circumstances where the practice is lawful if it can be shown that using data from those third-party databases does not prejudice the maker’s investment—for instance, where the data is deployed in a wholly unrelated market that the maker neither foresaw nor competes in. Nonetheless, in most situations it will be necessary to obtain permission from the maker of any third-party databases employed to produce an aggregated search result. What was the background? A jobs website (Melons) offered a search engine that queried several websites hosting job advertisements. It compiled hyperlinks from all of these sources (in particular CV-Online)...

Risk & Compliance weekly highlights—9 May 2024 In this edition: Data protection Financial sanctions AML, CTF & counter-proliferation financing Economic crime Daily and weekly news alerts Trackers New and updated content Data protection The ICO’s 2024 data protection fining guidance Ellie Ludlam, partner, and Alex Smallwood, associate, at Pinsent Masons, review the Information Commissioner’s Office’s (ICO’s) updated fining guidance for breaches of data protection law. They explain the factors the ICO will weigh when considering a penalty notice, and outline the five-stage method it will apply to decide whether to impose a monetary penalty. See News Analysis: The ICO’s 2024 data protection fining guidance. Financial sanctions HMRC asked to investigate firm on dodging sanctions Law360 reports that, according to an MP, HM Revenue and Customs (HMRC) ought to probe a German-owned garage door maker for alleged sanctions breaches after importing goods from Belarus into the UK. Instead, authorities dismissed the matter and...

The Financial Services Enforcement Database: It holds comprehensive details on every substantive FCA and PRA Final Notice and, where available, Decision Notices, from 2014 to the present. The Database can be searched by Regulator ‘PRA’, Keyword ‘Settlement’, Highest Decision Maker: ‘Settlement Decision Makers’, together with rule breach, sector, date, seriousness, aggravating and mitigating factors, financial penalty, and other actions, such as referrals to the Upper Tribunal. This Practice Note sets out the formal process for settling Prudential Regulation Authority (PRA) enforcement actions involving the imposition of financial penalties, or the imposition of suspensions or restrictions, under the Financial Services and Markets Act 2000 (FSMA 2000)...

Stop Press: On 3 June 2025, the FCA published Policy Statement PS25/5, introducing the new Enforcement Guide (ENFG), which replaces the previous Enforcement Guide (EG) from 3 June 2025. This Practice Note is being updated to take account of this change. For further information, see: FCA publishes new Enforcement Guide, LNB News 03/06/2025 30. The Financial Services Enforcement Database provides detailed information on all substantive FCA and PRA Final Notices and, where available, Decision Notices, from 2014 onwards. Search and filter options include: rule breaches keywords sector date seriousness aggravating and mitigating factors financial penalties other actions such as referrals to the Upper Tribunal decision‑maker This Practice Note outlines the practice and procedure of the Financial Conduct Authority’s Regulatory Decisions Committee (RDC), describing the RDC’s function as the FCA’s decision‑maker for contested enforcement decisions. It covers: RDC membership powers the process for issuing statutory notices—warning notices and decision notices ...

The Financial Services Enforcement Database The Financial Services Enforcement Database collates comprehensive details of all substantive FCA and PRA Final Notices and, where available, Decision Notices, from 2014 onwards. It can be searched and refined by rule breach, keyword, sector, date, seriousness, aggravating and mitigating factors, financial penalty, and other actions, including referrals to the Upper Tribunal. This Practice Note outlines the Financial Conduct Authority (FCA)’s approach to contested enforcement against firms and individuals, as distinct from matters handled under the FCA’s Executive Procedures. It covers the issue of Warning, Decision and Final Notices on the recommendation of the Regulatory Decisions Committee (RDC), the potential for discontinuance or settlement, and references to the Upper Tribunal (Tax and Chancery Chamber) (Upper Tribunal). Once FCA investigators have: concluded their investigation determined that enforcement action is appropriate prepared their case papers for the RDC and the RDC has agreed the matter should proceed to enforcement At that point, the formal enforcement...

Case No. [ insert number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ] Between[ insert full name of claimant ] (Claimant)and[ insert full name of defendant ] (Defendant) PARTICULARS OF CLAIM The Claimant The Claimant is, and throughout all relevant periods has been, [ insert details of claimant ]. The Claimant’s core business activity is [ insert type of business carried out ]. In particular, the Claimant [ insert brief description of claimant’s business relating to the database ]. The Claimant’s Database The database comprises a compilation of discrete [ works, data or other materials ], organised in a systematic or methodical manner and with items individually accessible by [ electronic or other means ]. The database contains information relating to [ insert details of relevant database eg description of contents ] (the Database). The Database was...