ENGLAND & WALES Law and Practice Contributed by: James Ross, Paolo Palmigiano, Debbie Cloake, Helen Farr, Debbie Heywood and Louise Popple, Winston Taylor
erally lasts for the life of the author plus 70 years. Different rules apply to computer-generated works, films, sound recordings, broadcasts and non-UK works/authors. It is not possible to register copyright in the UK. Protection arises automatically once a work is recorded, in writing or otherwise (irrespective of whether it is recorded by or with the permission of the author). The general rule is that the author of a literary, dra - matic, musical or artistic work is automatically the first owner of copyright in it. However, where such a work is made by an employee in the course of their employ - ment, their employer is the first owner of copyright. Ensuring that any works created by independent con - tractors, outside consultants and design agencies are automatically transferred to a business is key. Copyright is enforced through the UK courts. Rem - edies for infringement include compensation, an injunction to restrain the infringement, delivery up/ destruction of infringing materials, publication of the judgment and legal costs. Interim injunctions can also be obtained. Copyright can be infringed in a number of ways, including by copying the whole or a substantial part of a work in which copyright subsists (with a sub - stantial part being assessed qualitatively rather than quantitatively). Using even very small parts of a work can constitute infringement, but there are some “per - Copyright can subsist in original software text/code. Databases are protected under the law of copyright if they are original – ie, if, by means of the selection or arrangement of the contents of the database, the database constitutes “the author’s own intellectual creation”. A separate right, called the database right, also pro - tects databases for which there has been a “substan - tial investment” in “obtaining, verifying or presenting the contents of the database”. Unlike copyright, there is no requirement for originality/creativity. “Invest - ment” can mean “any investment whether in finan - cial, human or technical resources”. Like copyright, mitted uses”. 7.5 Others
the database right is an automatic right that exists as soon as the database is fixed in recorded form. Trade secrets protect certain commercially sensitive and confidential information, including industrial pro - cesses and recipes, against disclosure to or use by third parties without consent. These may be enforced against breach resulting in damages and injunction.
8. Data Protection 8.1 Applicable Regulations
The UK General Data Protection Regulation (UK GDPR) is the main legislation governing the process - ing of personal data. It is retained in EU law and largely mirrors the EU General Data Protection Regulation 2016 but has recently been amended by the Data (Use and Access) Act 2025 (D(UA)A), which renders the UK legislation slightly further apart from the EU’s General Data Protection Regulation, although the two laws remain fundamentally similar. The UK GDPR places a range of obligations on those processing personal data and confers rights on individuals in relation to their personal data. The DPA 2018 supplements the UK GDPR (including where the UK was given discre - tion as to its implementation). It also implements the EU Law Enforcement Directive and covers the pro - cessing of personal data by the UK intelligence ser - vices. The Privacy and Electronic Communications Regulations 2003 as amended (PECR), based on the EU’s ePrivacy Directive, set out additional rules gov - erning the privacy of communications. In particular, they cover direct marketing and the use of cookies and similar technologies. The Network and Information Systems Regulations 2018 (the “NIS Regulations”) implement the EU’s Net - work and Information Security (NIS) Directive 2016. They cover the security of IT systems and impose vari - ous cybersecurity and incident reporting obligations on relevant digital service providers and operators of essential services in designated sectors. The Product Security and Telecommunications Infra - structure Act 2022 deals with the security of consum - er-related products. Together with related secondary
346 CHAMBERS.COM
Powered by FlippingBook