A Practical Guide to IT Law

* Third edition of A Manager's Guide to IT Law (renamed this edition). Previous edition 9781906124755 * New chapters on GDPR, cyber security, cloud computing contracts, and Agile * Does not require any prior knowledge of the law or legal matters Cover 1 Copyright Page 6 CONTENTS 7 LIST OF FIGURES AND TABLES 11 CONTRIBUTORS 12 ACKNOWLEDGEMENTS 15 ABBREVIATIONS 16 FOREWORD TO THE 3RD EDITION 19 1 IT CONTRACTS 21 INTRODUCTION 21 PARTS OF A CONTRACT 21 WHO ARE YOU GOING TO CALL? 22 CHECKING OUT THE SUPPLIER 23 LETTER OF INTENT 23 THE SUPPLIER’S TERMS 23 WHAT CONTRACTS ARE THERE LIKELY TO BE? 24 APPENDIX: MAIN POINTS OF AN IT CONTRACT 31 2 CLOUD COMPUTING 33 INTRODUCTION 33 WHAT IS CLOUD COMPUTING? 33 THE EVOLUTION OF CLOUD COMPUTING 34 FACTORS THAT CONTRIBUTED TO THE RISE OF CLOUD SERVICES 34 CLOUD FORMATIONS 36 SILVER LININGS 36 THUNDER CLOUDS 38 SUMMARY 40 REFERENCES 40 3 CLOUD COMPUTING CONTRACTS 41 INTRODUCTION 41 PRE-CONTRACTUAL STEPS 42 KEY COMMERCIAL AND LEGAL ISSUES 44 SUMMARY 55 4 INTELLECTUAL PROPERTY LAW FOR COMPUTER USERS 56 INTRODUCTION 56 HARDWARE AND INTELLECTUAL PROPERTY RIGHTS 57 SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS 58 DATABASES AND INTELLECTUAL PROPERTY RIGHTS 60 WEBSITES AND INTELLECTUAL PROPERTY RIGHTS 61 DOMAIN NAMES AND INTELLECTUAL PROPERTY RIGHTS 62 THE INTERNET AND TRADE MARKS 63 THE INTERNET AND COPYRIGHT AND DATABASE RIGHT 65 APPENDIX: A BASIC GUIDE TO INTELLECTUAL PROPERTY AND RELATED RIGHTS 65 TAKING ADVICE 70 SUMMARY 70 5 CYBER SECURITY 71 INTRODUCTION 71 WHAT IS CYBER SECURITY? 71 WHAT ARE THE MAIN FORMS OF CYBER ATTACK? 77 WHAT ARE THE RISK AREAS? 80 WHAT LAWS GOVERN CYBER SECURITY? 89 WHAT PRACTICAL STEPS SHOULD YOU CONSIDER? 95 WHAT GUIDES, FRAMEWORKS AND STANDARDS ARE AVAILABLE? 105 SUMMARY 112 REFERENCES 114 6 GDPR AND DATA PROTECTION: THE LAW 116 INTRODUCTION 116 WHAT DATA ARE COVERED? 116 SPECIAL CATEGORIES OF PERSONAL DATA 117 DATA PROTECTION PRINCIPLES 118 RIGHTS OF INDIVIDUALS 124 EXEMPTIONS 130 REMEDIES, ENFORCEMENT POWERS AND PENALTIES 131 SUMMARY 135 7 DATA PROTECTION IN PRACTICE 136 INTRODUCTION 136 DATA PROTECTION BY DESIGN AND DEFAULT 136 WHAT AMOUNTS TO ‘PROCESSING PERSONAL DATA’ UNDER THE GDPR? 137 CREATING A ‘RECORD OF PROCESSING’ 139 DECIDING UPON THE LAWFUL BASIS OF PROCESSING 140 DRAFTING DATA PROTECTION POLICIES 144 DATA PROTECTION IMPACT ASSESSMENTS 145 REQUESTS FROM DATA SUBJECTS 145 CHILDREN’S PERSONAL DATA 147 CONTROLLERS AND PROCESSORS 150 SUB-PROCESSORS 153 DATA PROTECTION OFFICERS 154 INTERNATIONAL TRANSFERS 155 PROCESSING DATA OF EU DATA SUBJECTS 158 BREACH NOTIFICATIONS 159 SUMMARY 162 8 IT IN THE WORKPLACE: PROTECTING THE EMPLOYER 163 INTRODUCTION 163 COMPUTER AND EMAIL USAGE POLICIES 163 SOCIAL MEDIA 172 SUMMARY 175 9 IT IN THE WORKPLACE: AVOIDING EMPLOYMENT PROBLEMS 176 INTRODUCTION 176 HEALTH AND SAFETY RESPONSIBILITIES 176 EMPLOYMENT LAW 181 FURTHER ADVICE 183 SUMMARY 183 10 OPEN SOURCE SOFTWARE 185 INTRODUCTION 185 WHAT IS OPEN SOURCE? 185 OPEN SOURCE AND COMMUNITIES 191 OPEN SOURCE SOFTWARE BUSINESS MODELS 192 BUSINESSES AS CUSTOMERS OF OPEN SOURCE 194 OPEN SOURCE LICENSING IN GREATER DEPTH 202 PROCURING ON-PREMISE OPEN SOURCE 205 LICENSING REQUIREMENTS 206 OPEN SOURCE IN THE SUPPLY CHAIN 209 OPEN SOURCE COMPLIANCE POLICIES AND PROCEDURES 210 OPEN SOURCE SOFTWARE: EMPLOYEES AND CONTRACTORS 211 OPEN SOURCE SOFTWARE AND PATENTS 213 SUMMARY 214 FURTHER INFORMATION 215 REFERENCES 215 11 AGILE SOFTWARE DEVELOPMENT 217 INTRODUCTION 217 THE AGILE MANIFESTO 218 COMMERCIAL CHALLENGES 221 COMMERCIAL MODELS 227 CONTRACT DRAFTING 229 TEMPLATE EXAMPLES 230 SUMMARY 231 12 SETTING UP JOINT VENTURES 232 INTRODUCTION 232 JOINT VENTURES AND IT PROJECTS 232 ESTABLISHING A JOINT VENTURE 234 STRUCTURE OF A JOINT VENTURE 236 THE OPERATING AGREEMENT 242 COMPETITION LAW 243 SUMMARY 244 APPENDIX: CHECKLIST FOR A JOINT VENTURE OPERATING AGREEMENT 245 13 RESOLVING DISPUTES 247 INTRODUCTION 247 OVERVIEW OF DISPUTE RESOLUTION METHODS 247 KEY FACTORS IN DISPUTE RESOLUTION 248 SPECIFIC DISPUTE RESOLUTION METHODS 248 SUMMARY 258 INDEX 259 Back Cover 264 This comprehensive guide for management professionals discusses the computer-related legal issues faced by businesses and their staff on a daily basis. 'A Practical Guide to IT Law' explains, in plain English, the most relevant legal frameworks with examples from actual cases used to illustrate the kinds of problems and disputes that arise most commonly. The contributors to this book have been handpicked for their breadth of knowledge.|Extensive advertising and review coverage in the leading business and IT media, and direct mail campaigns targeting IT professionals, libraries, corporate customers and approximately 60,000 BCS members.|This comprehensive guide for management professionals discusses the IT-related legal issues faced by businesses on a daily basis. Legal concepts and terminology are notoriously difficult for non-specialists, but this book explains in plain English the relevant legal frameworks and gives examples from actual cases. New material in this edition include chapters on GDPR, cyber security, cloud computing contracts and Agile. This comprehensive guide for management professionals discusses the IT-related legal issues faced by businesses on a daily basis. Legal concepts and terminology are notoriously difficult for non-specialists, but this book explains in plain English the relevant legal frameworks and gives examples from actual case law. “provides practical advice... a valuable addition to my bookshelf” (British Journal of Healthcare Computing & Information Management - relates to the 1st edition). This Comprehensive Guide For Management Professionals Discusses The It-related Legal Issues Faced By Businesses On A Daily Basis. Legal Concepts And Terminology Are Notoriously Difficult For Non-specialists, But This Book Explains In Plain English The Relevant Legal Frameworks And Gives Examples From Actual Case Law. New Material In This Edition Includes Chapters On Gdpr, Big Data, Internet Of Things, And Agile. This comprehensive guide for management professionals discusses the IT-related legal issues faced by businesses on a daily basis. Legal concepts and terminology are notoriously difficult for non-specialists, but this book explains in plain English the most relevant legal frameworks and gives examples from actual case law This comprehensive guide for management professionals discusses the IT-related legal issues faced by businesses on a daily basis. Legal concepts and terminology are notoriously difficult for non-specialists, but this book explains in plain English the most relevant legal frameworks and gives examples from actual cases. Annotation This comprehensive guide for management professionals discusses the IT-related legal issues faced by businesses and their staff on a daily basis