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Digial Jurisdictions

Data Law Series 

National boundaries are increasingly superseded by digital information flows, and legal institutions face the rise of new notions of jurisdiction. Hanging in the balance is the productivity of increasingly data-driven economies.

In this episode, we outline established approaches in jurisdiction, and examine some emerging interpretations, for example in the field of blockchain.

#datalaw #data #law #governance #jurisdiction #digitaljurisdiction #cryptocurrency #bitcoin #blockchain #privacy #sharpeivo #datalawseries

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Data Law

Seller beware: Implied terms in IP licencing

Realestate.com.au Pty Ltd v Hardingham is an illuminating ruling that turns the common “buyer beware” understanding in chain-of-title disputes on its head. In this article I discuss some findings that should be of interest to anyone seeking best-practice dilligence in intellectual property transactions.

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Still Plugging the Leak: Facebook & Australia

Facebook is in the sights of Australia’s Privacy Commissioner in an action arising from the Cambridge Analytica scandal of 2019. This episode in the Series looks at why they’re on the stand, and some questions around the implications for online privacy.

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The Tech Boat that Rokt

What did we learn on May 21 when an innovative eCommerce firm lost the case for their advertising platform patent? Dig in to this episode of the Data Law Series to hear about some lessons about the role of expert witnesses, and for the future of digital methods as intellectual property.

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Anonymized vs Pseudonymized

You might assume that data about people, that is recorded with the person’s details simply changed or concealed, is safe from the demands of privacy law. You’d be surprised – and possibly litigated. Let’s talk about pseudonymized vs. anonymized data, and some of the principles surrounding its commercialization.

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Commercializing Data: Zeta-Jones to UK Racing

In this episode, we look at the a May 2019 case in the enormously valuable international market of raw data commercialisation, specifically in the UK racing industry, and what it’s got to do with a certain high-profile celebrity wedding.

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Amazon v. Oberdorf

How is liability determined for goods sold through online marketplaces? In Oberdorf v. Amazon, Amazon was held liable for defective goods sold on Amazon.com. Ms Oberdorf became permanently blind in her left eye when a dog collar broke, causing the leash to recoil into her eye. Ms Oberdorf had bought the collar on Amazon.com. In this episode we look at some of the key findings of the majority judges in the United States Court of Appeals for the 3rd Circuit.

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Data Governance

“There are only two types of companies: those that have been hacked and those that will be.” This quote from Former FBI Director Robert Mueller speaks to some of the risk around which the discipline of data governance has emerged.

In this episode, Sharpe Ivo looks at the key governance challenges which the widespread use of AI and machine learning throws out, and some minimum appropriate organisational responses.

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Resident’s Data

Apartments, flats and other semi-detatched dweliings make up over a quarter of Australian households. Vast amounts of data about apartments and their residents are collected, used and disclosed, each day, and kept in databases on an ongoing basis. This episode will look at some law relevant to this kind of data.

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Biometric Data and Employee Rights

Biometric Data and Employee Rights: In this episode of the Data Law series, we look at an unfair dismissal case with a biometric twist. At the heart of it is the question – can an employer in fairness require employees to submit to fingerprint scanning?

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Price Disclosure around User Data

In this episode of the Data Law series, we take a look at an interesting question – does the specified price of a product have to reflect only a dollar value, or are suppliers obliged to mention other “costs” to the buyer – like the use of their data?

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Contact

Email

asharpe@sharpeivo.com

Call

(AU) 1300 881 544

Post

Level 6, 25 King Street
Bowen Hills 4006
QLD AUS

Principal - Anna Sharpe

Anna Sharpe, LL.M, ACIS, is a respected data, technology and intellectual property lawyer. She acts in transactions in which these areas of intangible assets play a key role. Recent matters in which Anna has been instructed have included fintech, platform services development and supply, intellectual property management and licensing, e-publishing agreements, R&D collaboration, pay television program deals, database licensing arrangements and privacy and data protection compliance.