Individuals who secretly film and post videos on YouTube and similar sites may be able to rely on an exemption for ‘journalistic activities’ to justify what would otherwise be a breach of data protection rules. This follows a new, wider definition of the exemption put forward in a recent Court of Justice of the European Union ruling.
Owners of unused trade marks should consider how they can use their marks, or risk being unable to bring a passing off action against anyone who uses a similar mark, a recent ruling makes clear.
Landowners should secure their properties and regularly inspect them to ensure no illegal waste has been deposited there without their consent, or risk being responsible for moving it - even if it was deposited by trespassers – a recent determination makes clear.
Organisations considering how to respond to a ‘subject access request’ will benefit from court guidance given in a recent ruling.
Parties negotiating a contract should consider whether imposing a requirement to serve a series of notices in certain circumstances makes commercial sense and is required at all; or if one is to be included, whether the contract should expressly specify a minimum period between service of each notice - because such a period will not be implied.
Employers should ensure, through appropriate policies, procedures and staff training, that employees are not treated differently because of their sexual orientation (or any other characteristic protected by discrimination law), particularly if it prevents them discussing their private lives with colleagues.
Landlords of residential property let on shorthold tenancies should start to plan for changes removing their right to terminate such tenancies simply by serving notice on the tenants, without having to give a reason.
Employers with employees on call should review what they are required to actually do at different times while on call, as this can affect whether or not they are treated as working in whole or in part during those periods and, therefore, affect their entitlement to the minimum wage, according to a recent ruling.
Parties to a transaction should ensure that any power of attorney they give to facilitate it is properly drafted and executed by a specialist professional, and that its terms are considered very carefully to ensure the attorney is not authorised to do anything the giver does not intend, a ruling makes clear.
UK employers who do not already do so should start recording workers’ actual daily hours to ensure they comply with the EU Directive on working time, following a ruling of the Court of Justice of the European Union (CJEU).