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‘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)...
In this issue: Data protection, cybersecurity and AI Financial sanctions LexTalk® Risk & Compliance: a Lexis®Nexis community Daily and weekly news alerts Trackers New and updated content Data protection, cybersecurity and AI ICO issues new guidance on secure document disclosure to reduce data breaches The Information Commissioner’s Office (ICO) has issued new guidance to support organisations in securely disclosing documents with significant volumes of information, especially when dealing with Freedom of Information (FOI) and subject access requests (SARs). It highlights the danger of unintentionally revealing concealed personal data—such as metadata, hidden rows, columns, worksheets and active filters—and provides practical actions, checklists and how-to videos to help organisations detect and remove this material. The advice also suggests converting files into simpler formats, steering clear of ineffective redaction approaches, and employing tools such as Microsoft Document Inspector. See: LNB News 05/08/2025 38...
In this issue: Data protection LexTalk® Information Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Data protection ICO publishes new guidance on secure document disclosure to prevent data breaches The Information Commissioner’s Office (ICO) has issued fresh guidance to assist organisations in safely releasing documents that contain substantial volumes of information, especially when responding to Freedom of Information (FOI) and Subject Access Requests (SARs). The new material highlights the risk of unintentionally exposing concealed personal data—such as metadata, hidden rows, columns, worksheets and active filters—and provides practical actions, checklists and how-to videos to help locate and remove that information. It also recommends converting files into simpler formats, steering clear of ineffective redaction approaches, and making use of tools like Microsoft Document Inspector. This guidance supersedes an advisory note...
General This Practice Note explains how to carry out the review of documents for disclosure. The exercise involves assessing the compiled documentary material held by your client and determining which items ought to be disclosed. To achieve this effectively, ensure you have in place: strategies to narrow the scope of documents to be checked a dedicated review team clear targets for that team appropriate tools for the task ongoing communication with the client This Practice Note concerns a party’s disclosure obligations under CPR 31 and does not address the disclosure scheme used in the Business and Property Courts. For further guidance, see: Disclosure Scheme (Business & Property Courts)—overview and Which disclosure rules apply to my claim—flowchart? For general guidance on terminology used in this Practice Note, see Practice Note: Disclosure—technical glossary...
This guidance addresses the collection and examination of electronic devices, raising issues such as identifying who controls a device and, where the controller is not the party to the litigation, whether they can be required to provide it to the litigating party. How data on a device is searched, and how it is assessed for disclosure in the case—versus protection by legal professional privilege or another exception—is vital. It also considers the rights of third parties in relation to data on such devices. Why devices are potentially important in disclosure In Pipia v BGEO Group Ltd, Mrs Justice Cockerill considered whether a personal mobile phone used by a witness who had been a senior executive at the defendant company should be searched to meet the defendant’s disclosure duties. She concluded that it could be, on the facts—see: Are any devices exempt from searching?—and outlined in her judgment why device contents are regarded as valuable sources of information in disputes, especially in the business context. She stated: ‘I accept...
How electronic disclosure is used in arbitration There is no single mandatory framework governing e-disclosure in arbitration. This aligns with the overarching principle that arbitral procedure remains adaptable, and that the tribunal is empowered to set the evidential rules in each individual case, subject to any agreement between the parties. As electronically stored information (ESI) will typically comprise a large share of the material in many arbitrations, careful planning is required to manage and deploy it throughout the proceedings so that parties can present their cases effectively without the exercise of producing the evidence becoming unduly burdensome. Note: in arbitration the phrase ‘document production’ is more commonly used than ‘disclosure’, although ‘e-disclosure’ is frequently applied in both senses and contexts. Ordinarily, parties in arbitration provide at an early stage the documents on which they rely. The opposing side may then seek any additional documents they wish to inspect, and any disagreement about whether such material should be produced is put before the tribunal for determination and resolution...
This template memorandum should be read and, if suitable, sent together with the relevant template letter to your client regarding disclosure: Draft letter to client about disclosure—small claims track Draft letter to client about disclosure Confidential and privileged [ insert date ] [ insert addressees: [ insert addressees: senior managers/relevant employees and former employees/IT managers ] ] [ [ insert case heading ] OR [ description of the case if pre-action ] ] [ [ We ] OR [ the company ] ] may encounter a legal dispute in relation to [ insert matter/transaction subject of dispute ]. If the dispute is not brought to a conclusion, it is probable that we will be required to disclose relevant documents, including electronic records, that are or have been within [ [ our ] OR [ the company’s ] ] control, whether or not they support our case. That said, some relevant documents are protected from inspection (that is, actually seen)...