A Practical Guide to IT Law

Description

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 Copyright Page CONTENTS LIST OF FIGURES AND TABLES CONTRIBUTORS ACKNOWLEDGEMENTS ABBREVIATIONS FOREWORD TO THE 3RD EDITION 1 IT CONTRACTS INTRODUCTION PARTS OF A CONTRACT WHO ARE YOU GOING TO CALL? CHECKING OUT THE SUPPLIER LETTER OF INTENT THE SUPPLIER’S TERMS WHAT CONTRACTS ARE THERE LIKELY TO BE? APPENDIX: MAIN POINTS OF AN IT CONTRACT 2 CLOUD COMPUTING INTRODUCTION WHAT IS CLOUD COMPUTING? THE EVOLUTION OF CLOUD COMPUTING FACTORS THAT CONTRIBUTED TO THE RISE OF CLOUD SERVICES CLOUD FORMATIONS SILVER LININGS THUNDER CLOUDS SUMMARY REFERENCES 3 CLOUD COMPUTING CONTRACTS INTRODUCTION PRE-CONTRACTUAL STEPS KEY COMMERCIAL AND LEGAL ISSUES SUMMARY 4 INTELLECTUAL PROPERTY LAW FOR COMPUTER USERS INTRODUCTION HARDWARE AND INTELLECTUAL PROPERTY RIGHTS SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS DATABASES AND INTELLECTUAL PROPERTY RIGHTS WEBSITES AND INTELLECTUAL PROPERTY RIGHTS DOMAIN NAMES AND INTELLECTUAL PROPERTY RIGHTS THE INTERNET AND TRADE MARKS THE INTERNET AND COPYRIGHT AND DATABASE RIGHT APPENDIX: A BASIC GUIDE TO INTELLECTUAL PROPERTY AND RELATED RIGHTS TAKING ADVICE SUMMARY 5 CYBER SECURITY INTRODUCTION WHAT IS CYBER SECURITY? WHAT ARE THE MAIN FORMS OF CYBER ATTACK? WHAT ARE THE RISK AREAS? WHAT LAWS GOVERN CYBER SECURITY? WHAT PRACTICAL STEPS SHOULD YOU CONSIDER? WHAT GUIDES, FRAMEWORKS AND STANDARDS ARE AVAILABLE? SUMMARY REFERENCES 6 GDPR AND DATA PROTECTION: THE LAW INTRODUCTION WHAT DATA ARE COVERED? SPECIAL CATEGORIES OF PERSONAL DATA DATA PROTECTION PRINCIPLES RIGHTS OF INDIVIDUALS EXEMPTIONS REMEDIES, ENFORCEMENT POWERS AND PENALTIES SUMMARY 7 DATA PROTECTION IN PRACTICE INTRODUCTION DATA PROTECTION BY DESIGN AND DEFAULT WHAT AMOUNTS TO ‘PROCESSING PERSONAL DATA’ UNDER THE GDPR? CREATING A ‘RECORD OF PROCESSING’ DECIDING UPON THE LAWFUL BASIS OF PROCESSING DRAFTING DATA PROTECTION POLICIES DATA PROTECTION IMPACT ASSESSMENTS REQUESTS FROM DATA SUBJECTS CHILDREN’S PERSONAL DATA CONTROLLERS AND PROCESSORS SUB-PROCESSORS DATA PROTECTION OFFICERS INTERNATIONAL TRANSFERS PROCESSING DATA OF EU DATA SUBJECTS BREACH NOTIFICATIONS SUMMARY 8 IT IN THE WORKPLACE: PROTECTING THE EMPLOYER INTRODUCTION COMPUTER AND EMAIL USAGE POLICIES SOCIAL MEDIA SUMMARY 9 IT IN THE WORKPLACE: AVOIDING EMPLOYMENT PROBLEMS INTRODUCTION HEALTH AND SAFETY RESPONSIBILITIES EMPLOYMENT LAW FURTHER ADVICE SUMMARY 10 OPEN SOURCE SOFTWARE INTRODUCTION WHAT IS OPEN SOURCE? OPEN SOURCE AND COMMUNITIES OPEN SOURCE SOFTWARE BUSINESS MODELS BUSINESSES AS CUSTOMERS OF OPEN SOURCE OPEN SOURCE LICENSING IN GREATER DEPTH PROCURING ON-PREMISE OPEN SOURCE LICENSING REQUIREMENTS OPEN SOURCE IN THE SUPPLY CHAIN OPEN SOURCE COMPLIANCE POLICIES AND PROCEDURES OPEN SOURCE SOFTWARE: EMPLOYEES AND CONTRACTORS OPEN SOURCE SOFTWARE AND PATENTS SUMMARY FURTHER INFORMATION REFERENCES 11 AGILE SOFTWARE DEVELOPMENT INTRODUCTION THE AGILE MANIFESTO COMMERCIAL CHALLENGES COMMERCIAL MODELS CONTRACT DRAFTING TEMPLATE EXAMPLES SUMMARY 12 SETTING UP JOINT VENTURES INTRODUCTION JOINT VENTURES AND IT PROJECTS ESTABLISHING A JOINT VENTURE STRUCTURE OF A JOINT VENTURE THE OPERATING AGREEMENT COMPETITION LAW SUMMARY APPENDIX: CHECKLIST FOR A JOINT VENTURE OPERATING AGREEMENT 13 RESOLVING DISPUTES INTRODUCTION OVERVIEW OF DISPUTE RESOLUTION METHODS KEY FACTORS IN DISPUTE RESOLUTION SPECIFIC DISPUTE RESOLUTION METHODS SUMMARY INDEX Back Cover