"Internet Law Book Book Reviews" PROVIDED BY - Rob Jerrard LLB LLM (London)

Thorogood Publishing

Thorogood Publishing: Books Reviewed in 2009


E-Mail Legal Issues
Edition: 1st
Format: Report (A Thorogood Special Report)
Author: Susan Singleton
ISBN: 978 185418630 0
Publishers: Thorogood
Price: 125, Download, 85.00
Publication Date: 2008
 

Publisher's Title Information
 
What is this briefing about?
 
One of the biggest changes to office life in the last five years has been the growth of e-mail. On balance a major advantage to businesses, enabling postage charges and time to be saved, but e-mail also comes with certain legal risks.
 
This report seeks to highlight those areas where employers particularly need to consider relevant risks. However in most cases the risks can be minimised to an acceptable level and nothing herein should put any employer off letting their employees loose on e-mail. It highlights principal issues which arise and the means to ensure enforcement, in particular, by presenting to employees a coherent e-mail and Internet use policy so they know where they stand.
Who will benefit from this briefing?
 
This briefing will appeal to all executives and managers responsible for E-mail and Internet compliance and policies including:
Directors
Company secretaries
IT directors and managers
HR directors and managers
Legal advisors
Personnel managers
 

Contents
 
Email, Internet And Blogging Policies
 
The use of email and the Internet at work
The cost of the Internet at work
Introducing an email policy
Further information
 
Checking Up
 
Privacy laws and surveillance
Checking emails whilst people are on holiday
Human Rights Act 1998
Consent or notification?
US case report of Gina Tiberino v. Spokane County
How would things differ in English law?
Monitoring in practice
Example of Injunction against a cyberstalker
Surveillance
Further information
IC guidance on monitoring emails
Notices And Liabilities
 
The Companies Act 1985 and Business Names Act 1985 and The Companies (Registrar, Languages and Trading Disclosures)
Regulations 2006
Liability for employers
E-commerce Directive and The Electronic Commerce (EC Directive) Regulations 2002
Distance Selling Directive 97/7 and The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000/2334) (as amended
Disability issues and web sites
The W3C Standard
Further information
Appendix
 
Sacking Staff
 
Examples of sackings for Internet abuse
Conclusion
Further information
 
Data Protection, Litigation Issues, Marketing And Email
 
The Criminal Justice and Immigration Act 2008
Unsolicited emails of Privacy and Electronic Communications (EC Directive) Regulations 2003
Consumer Protection from Unfair Trading Regulations 2008
Data protection and access to information in emails
Making assessments
Third party data and human rights
Other Section 7 rights
Information Commissioner Guidance on Data Protection Act and Emails of The Commissioners enforcement policy
Further information
 
Electronic signatures and employees
 
Authority to sign
A frolic of their own
Example
Electronic Communications Act 2000
Further information
 
Appendix
 

About the Author
 
Susan Singleton is a solicitor with her own London firm, Singletons, that specialises in competition law, intellectual property law, IT/ecommerce and general commercial law. According to the Chambers and Partners Legal Directory she is one of the UK's leading IT lawyers. In 2002, she acted for the claimant in the first damages action for breach of the EU competition rules to come before the English courts Arkin v Borchard and Others. She is author of over 25 law books on topics such as internet and ecommerce law, competition law, commercial agency law, data protection legislation and intellectual property and writes around twenty legal articles a month.


Discrimination Law and Employment Issues
Edition: 1st
Format: Paperback
Author: David Martin
ISBN: 978 185418339 2
Publishers: Thorogood
Price: 55
Publication Date:
 
Publisher's Title Information

Contents overview
CHAPTER 1: Discrimination
CHAPTER 2: Sex and sexual orientation discrimination
CHAPTER 3: Race and religious discrimination
CHAPTER 4: Disability discrimination
CHAPTER 5: Age discrimination
CHAPTER 6: Non-standard employees discrimination
CHAPTER 7: Human rights
APPENDICES
 
Avoid the pitfalls in
Age, disability, gender, race, religion, sex and sexual orientation discrimination. This practical briefing for employers and their advisers will ensure that you do not fall foul of the law on age and all the other anti-discrimination laws.
Are you prepared?
The new Age Discrimination Act is billed by lawyers as the most significant change in employment law since the 1970's.
How prepared are you to deal with its implications?
Are you fully aware of what can and cannot be said in recruitment ads - or even in the office?
In addition to sex and race discrimination laws, in the last two years employers have also had to cope with sexual orientation discrimination and religious discrimination. And now from October 2006 age discrimination. David Martin, an expert on employment law and practice, analyzes the practical aspects of dealing with each of the anti-discrimination laws. He demonstrates how to ensure that paperwork and systems comply totally with the law and he provides a range of helpful case studies to illustrate the key issues and bring them to life. All employers and their professional advisers will find David Martin's practical approach and clear analysis of how to comply with the various discrimination laws invaluable.
 

Contents overview
 
Sex and sexual orientation discrimination
Race and religious discrimination
Disability discrimination
Age discrimination
Non-standard employees discrimination
Human rights
CHAPTER 1: Discrimination
Introduction
Diversity
A dignity at work policy
Liability
Bullying
Avoidance or control
Evidence
Practical implications
Social events
Alcohol
Equality Act 2006
Questionnaires
CHAPTER 2: Sex and sexual orientation discrimination
A. Sex Discrimination introduction
Harassment
Equable treatment
References
Maternity
Risk assessment
Flexible working
Increasing parental rights
Discrimination against males
B. Sexual Orientation discrimination
Gender change
Administration
Unforeseen effects
The but for test
CHAPTER 3: Race and religious discrimination
A. Race discrimination introduction
Who is covered?
Avoiding harassment penalties
Duty to job applicants
Promotion
Provocation
Positive discrimination
B. Religion or religious belief discrimination – introduction Scope
The but for test
CHAPTER 4: Disability discrimination
Introduction
Legislation old and new
Fundamental principle
Application of the legislation
Recruitment
A wider duty?
The Disability Discrimination Act 2005
The but for test
CHAPTER 5: Age discrimination
Introduction
Recruitment
Transitional arrangements
Forced retirement procedure
Optional retirement procedure
Postscript
CHAPTER 6: Non-standard employees discrimination
A. Part-timers
B. Fixed term workers
C. Homeworkers
D. Agency staff
The but for tests
CHAPTER 7: Human rights
A. Rehabilitation of Offenders
B. Whistle-blowing
C. Human Rights
APPENDICES
1. Data sheet annually reviewed figures
2. Electronic Communications policy
3. Examples of flexible working
4. Draft homeworking policy
5. Cases
 
About the author
 

David Martin FCIS FCIPD FioD is the compiler and editor of Gee's Employment letters and procedures and Model employment policies and handbooks. He has written over 40 books including The A-Z of employment practice [2nd edition 2006, Thorogood] and The company director's desktop guide [3rd edition 2006, Thorogood].He is a regular conference speaker giving over 100 seminars each year. He is an employer's representative for the panel of members for the Employment Tribunals.


Websites and the Law - Protect Your Position
A Specially Commissioned Report
Edition: 2005
Format: Spring Bound
Author: Susan Singleton
ISBN: 978 1854183316
Publishers: Thorogood
Price: RRP 80
Publication Date: 2005
 
Publisher's Title Information
 

Is your website legal?
 
Most companies in the UK have a website. Many do not follow the legislation
 
You cannot afford to be one of them. Laws and regulations are being added all the time and the risk of non-compliance is growing with them.
Many of the legal rules stem from the EU - from those governing distance learning to e-commerce and data protection.
Did you know, for example, that if you wanted to set up a new website, the legislation is strewn across at least 10 different directives or regulations?
How many of the following questions can you answer?
What information are you legally required by law to put on your website?
What are the laws on copying material from websites?
What can you legally do with people's personal data sent to your website?
What if your domain name is too close to someone else's?
What if someone is diverting people from your website to theirs?
... and do you know what the penalties are for non-compliance?
This special report deals with all the practical legal issues which arise with websites, both those sites which sell goods or services and those which advertise.
 
This expert report will ensure that you can rest secure that you are doing everything you need to do to comply with the law:
 
Be clear about your legal responsibilities
Understand what your obligations are
Be aware of the traps and pitfalls
Avoid penalties
Contents
Introduction to setting up a website
Domain names and trade marks
Advertising and copyright
Selling from a website
Personal data and websites
Disability access to websites
Appendices include:
Websites and the internet - FAQs
Complying with the E-commerce Regulations 2002
Monitoring at work
Guidance for small businesses
Extract from the Information Commissioner's Data Protection Code of Practice - Monitoring at Work Good Practice Recommendations V1.0.29
One of the leading UK IT lawyers

The Author
 
Susan Singleton is described by Chambers and Partners Legal Directory as one of the leading UK IT lawyers. Her firm Singletons specialises in Internet/IT/e-commerce law, competition law, intellectual property law and general commercial law. She is author of over 30 law books on topics such as Internet and e-commerce law, competition law, commercial agency law, data protection legislation and intellectual property, and writes 15 legal articles a month. She is a frequent speaker in the intellectual property, competition and commercial law fields, both in the UK and abroad.
 

Preface
 
This book aims to provide the reader with a full description of the areas of law which apply to websites. Most companies in the UK have a website and many do not follow the legislation. The EU has been largely responsible for most of the legal rules which apply from legislation on distance selling to electronic commerce and data protection. What is lacking is a coherent statute containing all relevant laws. Instead, businesses need to know about sale of goods law, laws relating to advertising, data protection legislation and even disability laws. This report summarizes the main legislation and provides practical guidance on how to ensure your website is legally compliant. There are over 100 countries in the world and in most of them there is Internet access. It will never be possible to check a website for compliance with all laws in all states but this should not put businesses off going on-line. There are risks in all methods of sale or advertising but in most cases they are not huge risks. Most countries require websites to be accurate and businesses to supply goods as described when they say they will. Therefore most suppliers who are honest and whose contract conditions on the website are clear have little to fear.
 
In 1983 I began my legal training contract, then called Articles of Clerkship, with Nabarro Nathanson, a solicitor's firm in London. I remember they had typewriters which amazingly, could delete a few words of text. It was a big development. Deletion without Tipp-Ex! Shortly after, the first fax machines were coming into use and word processing on computers became the thing. Telex was on the way out. Computerized searches were limited to corporate filings and registered trade mark matters and we had early training on LEXIS, a very novel electronic research tool in its day. When I qualified in 1985 I went to work for Slaughter and May as a competition law but also did some IT contracts.
 
Big Bang was happening in the City of London and suddenly share trading was going electronic. We were doing the contracts for those IT systems and software licences. Computers were becoming very important. When I went to the intellectual property law firm Bristows in London in 1988 most lawyers still did not have computers on their desks. By the time I left in 1994 to set up my own solicitor's firm, e-mail was taking off. So in that short ten year period a huge change had occurred in business practices. The early business to business electronic document exchange systems for contracts between big businesses were being replaced by the simple e-mailing of legal documents which everyone could easily use. It was access to free information on the Internet and the ability to work easily from a PC which made it possible for me to work for myself. I have a lot for which to thank the Internet and technological developments over that period.
 
Now 96% of the work I receive and work I generate from clients all over the world will come in by e-mail. Telephones have fallen silent and people can work at their convenience. Whereas on the other hand previously posting a draft contract meant a rest of a few days whilst it was examined and posted back, nowadays there may be several drafts marked up and passing between the parties on one day so perhaps there is more pressure in some respects. The Internet and websites are tools which need to be used intelligently. One of my favourite phrases is that the telephone is a request not a demand. You do not have to be there to answer it and it is the same with e-mail. My father and brother are consultant psychiatrists and my sister a chartered clinical psychologist. I escaped, but not unscathed. Always think about whether you are using e-mail and the Internet and allowing others access to you in an intelligent way which ensures the survival of your business and good relationships with your customers and clients, but which also allows you to live your non-working life in a way with which you can live comfortably. There are no rules. Some people will never be happy unless they receive business calls every hour whilst they are lying on a beach on holiday because it makes them feel important and wanted. Others will feel a holiday is ruined by one conference call on one day. What is crucial is to be content with what you have and if not change it. For some limiting the times of day when e-mails are checked can be a key change which helps ensure the work of a particular day is done without it being spent replying to unimportant e-mails. Work out a procedure which suits you and try to stick to it.
 
As for websites, the principal subject of this book, do not worry too much about the site once it is up and running (except to update the content regularly) but do set up a system whereby every one to two years it is checked by solicitors familiar with this area of law. It will only take them about an hour to read it and see if any changes in the law in the last year or two mean changes are needed to the site. The legislation is strewn across at least ten directives/regulations which for lawyers make it an interesting area in which to practise but for those simply trying to set up a website it can make the whole process seem complicated. The aim of this book is to make it simple.
 
The Report describes English law and EU legislation where relevant. This report cannot be a substitute for taking specific legal advice relevant to your circumstances. This Report is up to date to April 2005. The law does change swiftly in this field so it always pays to take up to date legal advice.
 
Susan Singleton


Data Protection Act for Employers
Edition: 2008
Format: Paperback, Briefing Report
Author: Susan Singleton
ISBN: 978 185418626 3
Publishers: Thorogood
Price: 125
Publication Date: 2008
 
Publisher's Title Information
 

What is this Briefing Report
 
In 2008, data protection security issues have never been so prominent following the loss by HMRC of the personal data of 25 million people and the subsequence furore and consultation into legislation change in this field.
 
This briefing seeks to summarise the application of the Act to the employment discipline. It concentrates on the areas, which are useful and practical to employers by examining the Information Commissioner's Office code of practice. It answers many of the mundane, day-to-day data protections issues that employers and those who are responsible for personal data need to know.
 
This Report is Directly Relevant to
 
All employers who handle personal data - ie. most employers
Personnel and HR departments
Company secretaries
Privacy officers
Data Protection officers
Law firms

Contents
 
Preface
1 Introduction And Guidance For Employers
Introduction
Subject access requests
Compliance
Changing law
The Employment Practices Code
Personal data
Making access requests
Managing Data Protection
Conclusion
Further information
Technical Guidance notes
Detailed Specialist Guidance
2 Recruitment
General
Advertising
Applications
Verification
Short-listing
Interviews
Pre-employment vetting
Retention of recruitment records
Criminal Records Bureau
Information commissioner's frequently asked questions
Checklist
Employment Records
1. Managing data protection
2. Collecting and keeping employment records
3. Security
4. Sickness and accident records
5. Pension and insurance schemes
6. Equal Opportunities Monitoring
7. Marketing
8. Fraud detection
9. Workers access to information about themselves
10. References
11. Disclosure requests
12. Publication and other disclosures
13. Mergers and acquisitions
14. Discipline, grievance and dismissal
15. Outsourcing data processing
16. Retention of records
Frequently asked questions
Checklist
4 Monitoring
Examples of monitoring
Assessments
Is a workers consent needed?
Electronic communications
Managing data protection
Monitoring electronic communications
How to notify employees of email rules
Video and audio monitoring
Conclusion
Frequently asked questions
Appendix To Chapter 4
5 Workers Health
Checks by doctors
Is the testing needed?
Drug and alcohol testing
Genetic testing
General guidance
Conclusion
Appendix
Further Information
 

The Author
 
Susan Singleton is a solicitor with her own London firm, Singletons, that specialises in, data protection law, intellectual property law, IT/ecommerce, competition law and general commercial law. According to the Chambers and Partners Legal Directory she is one of the UK's leading IT lawyers. In 2002 she acted for the claimant in the first damages action for breach of the EU competition rules to come before the English courts Arkin v Borchard and Others. She is author of over 25 law books on topics such as internet and ecommerce law, competition law, commercial agency law, data protection legislation and intellectual property and writes around twenty legal articles a month.


Freedom of Information Act - A Thorogood Special Briefing
Edition: 2nd 2008
Format: Paperback: Thorogood Reports)
Author: Susan Singleton
ISBN: 1854186329
Publishers: Thorogood
Price: 125
Publication Date: 2008
 
Publisher's Title Information
 

Learn how to use the Acts provisions to access useful information and how best to deal with requests for information
What it covers
Who will benefit

Learn how to use the Acts provisions to access useful information and how best to deal with requests for information
The Act creates risks as well as opportunities for everyone involved with the public sector. This briefing includes all the latest updates to the Freedom of Information Act 2008. It will show you how businesses can ensure that they dont disclose information inadvertently and how to protect their own information by drafting new contracts in the right way. It also explains in detail how to use the Acts provisions to access useful information as well as how to tackle requests for information.

 
What it covers
 
A full description and update of the FOI Act - in particular the right of access to information
Exceptions and exclusions
Protecting confidential information
Clauses for contracts
Guidance from the Information Commissioner on commercial issues, confidentiality, tenders and professional privilege matters
These are amongst many other issues which are expertly dealt with in this valuable new report.


Who will benefit
All businesses involved in public sector contracts and tenders
Local authorities and all other public sector bodies
In-company lawyers and solicitors in private practice
Procurement and purchasing managers
Journalists
Politicians in government at all levels

 
The Author
 
Susan Singleton is a solicitor with her own London firm, Singletons, that specialises in competition law, intellectual property law, IT/ecommerce and general commercial law. According to the Chambers and Partners Legal Directory she is one of the UK's leading IT lawyers. In 2002, she acted for the claimant in the first damages action for breach of the EU competition rules to come before the English courts Arkin v Borchard and Others. She is author of over 25 law books on topics such as internet and ecommerce law, competition law, commercial agency law, data protection legislation and intellectual property and writes around twenty legal articles a month

Preface to second edition

It is three years since I wrote the first edition of this Freedom of Information Act (FOIA) Report. Back in 2005 the Act had just come into force. Three years on there has been much case law to incorporate into this edition and a better understanding has emerged of how the Act works in practice and its implications for both businesses and the public sector bodies to which it applies. Already the current Government is considering reducing its scope due to the apparent burden it has been. A considerable number of requests for information under the act end up on a Minister's desk and are quite time consuming. Whether that is good reason to alter the legislation is another matter.
 

Sadly the last three years have not been characterised by Government openess. Indeed there is a worldwide legislative movement towards the curtailment of freedom of expression under the convenient guise of supposed threats which justify the eroding of those freedoms. The Information Commissioner who is in charge of the FOIA in the UK has been doing his best to enter the fray where data protection of FOIA issues are involved, voicing concerns about identity cards and access to information issues.  

Thankfully, what cannot easily be stopped is the dissemination of information on the internet which may (as much as Caxton's printing press and later the photocopier in Soviet Russia), have been most responsible for ensuring a free flow of information around the world. The UK Freedom of information Act was a very long standing Labour Party pledge which has gone some way to ensuring greater openness of Government.  

However, as a lawyer largely advising commercial clients concerned about release of their information under the Act, I can see how easy it is to avoid the Act. In responding to requests public bodies will find there are a myriad of exclusions they can use and in practice it is unlikely that the matter will ever be investigated or someone will even get as far as making a complaint . It is certainly wise for private sector companies to include clauses in contracts that require that they must be told in advance if a FOIA request is to be responded to, resulting in disclosure of their information, and it is sensible to define precisely in agreements what is confidential information. Some local authorites and others employ staff whose sole role is to deal with FOIA requests. Some are important requests and others are frivolous and a waste of resources.

Many journalists have discovered very valuable information from FOIA requests and although some bodies receiving requests may feel they have better things to do than respond the fact that there is the right to make a request and a greater culture of openness has without doubt been a very useful additional right in the UK - a lone voice in a wilderness of new legislation principally designed to reduce information available and curtail rights.

However, the aim of this Report is much more pragmatic than the issues mentioned above. It seeks to provide an easily readable guide to the FOIA and to answer the principal questions asked about the Act and the obligations and rights under it.
Readers are encouraged to submit suggestions for additional areas to cover in future editions. The Report is up to date to August 2008 and any comments or questions can be addressed to the author at susan@singlelaw.com.

Susan Singleton

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