Database Definition

GLOSSARY

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What does Database mean?

A database is a copyright work which comprises a collection of independent works, data or other material which are arranged in a systematic way and are individually accessible by electronic or other means.

An original database is a literary work and so protected as a copyright work provided that by reason of the selection or arrangement of the contents of the database the database constitutes the author's own intellectual creation. See Copyright, Designs and Patents Act 1988, s 3A.

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Contractual considerations for the procurement of artificial intelligence—checklist

Contractual considerations for the procurement of artificial intelligence—checklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: • Key issues in software licence agreements • Software development...

Commercial contract review and execution (business personnel)—checklist

Commercial contract review and execution (business personnel)—checklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review—checklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...

Retained EU Law (Revocation and Reform) Act 2023 sifting process—flowchart

Retained EU Law (Revocation and Reform) Act 2023 sifting process—flowchart The Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) contains a range of legislative powers, enabling relevant national authorities to reform retained EU law (REUL) by introducing secondary legislation to amend, revoke, restate and/or replace REUL and assimilated law. The main legislative powers are set out in REUL(RR)A 2023, ss 11–16. The main procedural requirements (including parliamentary scrutiny procedures) for these instruments are set out in REUL(RR)A 2023, s 20 and Schs 4–5. REUL(RR)A 2023 sifting process—background Under REUL(RR)A 2023, before certain statutory instruments (described here as ‘REUL reform SIs’) are formally laid in Parliament, they have to go through a preliminary sifting process to confirm the appropriate parliamentary procedure. The sifting process is outlined in REUL(RR)A 2023, Sch 5 Pt 2, para 6. Under this process, where a minister wishes to introduce a REUL reform SI subject to sifting using the negative procedure (whereby instruments are laid in Parliament after being made and become law without debate, unless...

EU GDPR—personal data breach notification—flowchart

EU GDPR—personal data breach notification—flowchart The EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) is directly applicable and fully enforceable in EU and EEA states. This Flowchart focuses on personal data breach notification under the EU GDPR. It covers: • a summary of the overarching obligations • key guidance • types of personal data breaches • the flowchart of notification requirements • general examples of personal data breaches and who to notify • detailed examples of personal data breaches and who to notify The EU GDPR includes the following definition of a personal data breach: ‘…a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.’ Overarching obligations In summary, among other things, the EU GDPR provides that: • data processors must notify the data controller without undue delay after becoming aware of a personal data breach • unless the personal data breach is unlikely to result in a risk to the rights...

Quantum database general damages uplifts—flowchart

Quantum database general damages uplifts—flowchart This flowchart explains the figures in the General Damages (PSLA) Today’s Value field. As well as inflation, this field takes into account the Heil v Rankin ([2000] 3 All ER 138) uplift and/or the Simmons v Castle ([2012] EWCA Civ 1288) uplift, where they are relevant. This ensures that the General Damages (PSLA) Today’s Value field provides practitioners with an accurately updated general damages figure. Note: The Simmons v Castle uplift has not been added

International merger control developments—December 2022

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Intellectual Property Rights (IPR) Schedule

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Franchise business sale agreement

Franchise business sale agreement This Agreement is made on [insert date] Parties 1 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Seller); 2 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Buyer); and 3 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Franchisor), (each a party and together the parties). Background (A) The Franchisor has licensed the Seller to operate the Franchise Business. (B) The Seller has agreed to sell and the Buyer has agreed to purchase the Franchise Business as a going concern on the terms and conditions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Applicable Data Protection Law • means...

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Do you have a service that tracks, analyses and compares public company transactions?

Do you have a service that tracks, analyses and compares public company transactions? Market Tracker is a corporate transaction analysis product that sits within Lexis+® UK Corporate. At its heart is a deal analysis tool which allows users to locate, analyse and compare data in relation to key aspects of public company corporate transactions. In addition, the product offers: • detailed, searchable summaries of the latest public company transactions, containing narrative and key data points extracted by our Market Tracker team from company announcements made on the London Stock Exchange • a comprehensive and fully searchable library of company

Can automatic number plate recognition be used for enforcement in a local authority owned car park?

Can automatic number plate recognition be used for enforcement in a local authority owned car park? In principle, Automatic Number Plate Recognition (ANPR) can be used for enforcement in a local authority car park but there are caveats as to use that may provide a basis for challenge. Accordingly, the answer is not straightforward and is dependent on various factors. On the assumption the question concerns regulated public on or off-street car parks, there are two distinct areas of legislation that apply: • the criminal law regime whereby enforcement is governed by the Road Traffic Regulation Act 1984 (RTRA 1984), and • the civil law regime for a civil or special enforcement area (C/SEA) whereby enforcement is governed by the Traffic Management Act 2004 (TMA 2004) and contravention is subject to the law of contract As a pre-requisite under either regime, the car park should be created under proper powers in accordance with RTRA 1984. Prior to deployment, the local authority must satisfy itself that the device is approved and...

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Public Law weekly highlights—12 December 2024

This week's edition of Public Law weekly highlights includes coverage of the Northern Ireland Assembly's historic vote to give democratic consent to the continued application of articles 5 to 10 of the Windsor Framework for the next four years, and the Cabinet Office’s new and updated guidance for the Procurement Act 2023. Additionally, these highlights cover the recruitment exercise for the UK judge on the European Court of Human Rights, a speech on judicial review by Mr Justice Fordham, and the DBT’s subsidy control assessment guides for public authorities. This edition further includes Brexit hightlights, Brexit SIs, Post-Brexit transition guidance, Constitutional and administrative law, Equality and human rights, Information law and Other Public law news.

TMT weekly highlights—12 December 2024

Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.

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