If you’re currently tackling, or about to tackle, an IT legal issue , you might be worrying about the legal fees involved. We understand this, because we know that IT legal cases can often be complicated processes that require extensive legal input. What you need to alleviate your financial worries is a convenient payment plan, one that you can repay easily in manageable instalments. At Legal Cost Finance, we offer just such a solution and are proud to say we provide legal loans to individuals from all walks of life. Start a payment plan today, or for more information, contact our finance experts on 020 3376 1888.
Which payment plan is right for my technology/IT issue?
You might be an individual involved in a technology or IT dispute without the assets needed to effectively challenge. If this is the case, you should consider our LawPlan Classic payment option, which gives you access to a comprehensive legal loan. You can pay this loan back in a series of manageable instalments over time. Additionally, you could potentially avoid paying interest on the first 12 months, thanks to LawPlan Classic’s cost-neutral repayment solution. We can offer this because we know that most lawyers will discount their fees to offset your interest rate. Because of this, LawPlan Classic represents the best route to a legal loan for people without the assets to back it up. Talk to our team on 020 3376 1888 now for more information on how this payment plan can help you.
Alternatively, you could be a small sized business caught in an IT dispute. You might have the assets to afford a legal case, but perhaps you’d prefer to avoid paying large sums up front from your own pockets. In which case, why not think about our LawPlan Prime payment option? LawPlan Prime pays your lawyer’s fees up front on your behalf, whilst also giving you the breathing room to repay the loan in easy instalments over an extended period. We’ll guarantee that your lawyer’s fees are paid in full and on time.
What is IT law?
IT law is a rich and varied landscape covering a broad sweep of topics including the internet, General Data Protection Regulation (GDPR), intellectual property, telecommunications, and much more. Understanding each and every aspect of IT law is a hugely demanding task, one that only dedicated solicitors can truly hope to fully grasp. So if you’ve been caught in a legal dispute over an IT issue, you should seriously consider working with a specialist solicitor who knows the ins and outs of technology law.
That being said, you can definitely still benefit from gaining a basic understanding of some of the aspects of IT law. Learning even a few aspects of IT law can put you in a better position to avoid legal issues in the first place, or give you the confidence to tackle an IT issue head on. Below, we’ll try to break down some of the key legislations as best we can. If you still feel you need a more nuanced explanation, then please contact our team of experts on 020 3376 1888 today.
Computer Misuse Act 1990
Whilst computing technology has advanced almost immeasurably since 1990, the rules surrounding unauthorised access to a computer remain the same. Under the Computer Misuse Act 1990, it is a criminal offence to access the contents of another person’s computer without their permission. This could be via malicious software (malware), hacking or social engineering (manipulating an individual to gain passwords and memorable data).
The act extends to employees who intentionally exceed their authority to access parts of a computer system denied to them. It is important to remember however, that recklessness is not considered a sufficient reason to prosecute; an employee may accidentally access systems and data without reprisal (though evidence of accidental access should be provided). Distributed denial of service (DDoS) and all other forms of denial of service attacks are also considered offences under the Computer Misuse Act 1990. Any intentional attempt to bring a website down (a business competitor’s website for example) can lead to prosecution for the guilty party.
Communications Act 2003
The Communication Act 2003 is something every individual or business should at least be aware of. Superseding the Telecommunications Act 1984, the Communications Act (in particular Section 127) summarises that a person or business is guilty of an offence if they:
- Use a public electronic communications network to send a message that is either grossly offensive, indecent, obscene or of a menacing character
- Are the cause of sending such a message.
The act also states that someone is guilty of an offence if, for the purpose of causing annoyance, inconvenience or unnecessary anxiety to another, they:
- Use a public electronic communications network to send a message they know to be false
- Are the cause of sending such a message
- Persistently use a public electronic communications network to send these messages.
The individual or business guilty of an offence under this section of the Communications Act 2003 are liable, on summary conviction, to imprisonment for a term not exceeding six months or to a level five fine on the standard scale, or even to both.
General Data Protection Regulation (GDPR) and the Data Protection Act 2018
Already in its third generation, the Data Protection Act 2018 has been further refined to better reflect the changing landscape of data protection law. It was implemented in 2018 to help supplement or ‘fill the gaps’ in UK law left by GDPR, which itself was enacted by the European Union in 2018.
The Data Protection Act 2018 weighs in at a hefty 350+ pages, but we’ve put together a short list of the key points you should be aware of:
- Data Subject Rights: The DPA provides exemptions to people’s rights over their personal data under the GDPR. These include the right to erase data (the “right to be forgotten”), the right to restrict processing of data, the right to rectification of inaccurate data, and the right to data portability.
- Special Category Personal Data: This part of the DPA covers the provisions relating to special category data laid out by the GDPR. Special category personal data relates to details about an individual’s race, ethnic origin, politics, religion, sexual orientation, and other personal identification tools.
- Data Protection Fee: In it’s current iteration, the DPA requires that organisations pay an annual data protection fee. Depending on the size of an organisation, this fee could range from £40 to £2,900. Not paying the fee, or paying the wrong fee, can incur a fine of up to £4,350. If your organisation is still registered under the “notification” regime of the Data Protection Act 1998, then you are exempt from the new fees until your previous registration comes up for renewal.
- Consent from children: Children can provide consent for their data to be used in services such as apps and websites for the purposes of GDPR. Under the latest DPA, verifiable parental consent will be required for the processing of data of children under the age of 13.
- Data Protection Offences: The DPA has evolved alongside new criminal offences, which include deliberately concealing information that should be provided when a ‘data subject access request’ (section 173) is ordered. Other offences include knowingly or recklessly obtaining or disclosing personal data without the consent of the controller (section 170).
The GDPR is the new privacy law enacted by the European Union and was approved in 2016 by the European Parliament, the Council of the European Union, and the European Commission. It is designed to bring all EU member states together by enforcing a single law for data protection, dictating how data is stored, processed, exchanged or used. In short, your organisation is required to comply with GDPR if it:
- Has a base in any EU country
- Does not have a presence in the EU, but processes the data of EU citizens
- Employs more than 250 people
- Has less than 250 people in employment, but has an impact on EU citizen’s rights and freedoms and/or certain types of sensitive personal data.
An organisation that wilfully breaks the rules set out by the GDPR can be hit with a colossal fine of up to EUR 20 million, or 4% of their annual worldwide turnover, making understanding GDPR absolutely essential for any business with an EU presence. If you require a detailed breakdown of some of the GDPR’s finer points, then please don’t hesitate to contact our team of experts now on 020 3376 1888.
Whatever your IT legal issue may be, you will need talented legal representation to help you get the result you need. With a payment plan from Legal Cost Finance, you can get this representation without having to worry about funding the legal fees from your own pocket. We will always ensure that your lawyer’s fees are paid in full and on time, so contact our experts today on 020 3376 1888 and we’ll help you get started with one of our convenient payment plans. Spread your legal costs with ease when you choose Legal Cost Finance.
The key to success is keeping your legal costs under control. LawPlan spreads your legal costs into fixed and affordable repayments over time.
We provide payment plans to cover your legal costs, so you or your business can get the legal support you require – without the need for large up front payments.
Your legal process can involve negotiation, litigation or alternative dispute resolution (such as arbitration or mediation).
We will connect you with a lawyer who specialises in technology and IT law and who is right for your individual circumstances. If you have already appointed a lawyer, we can still offer you a payment plan solution and will make all the necessary arrangements with your lawyer on your behalf.
How can we help?
We have a team of dedicated case managers who will guide you through your legal journey and ensure you’re not wasting money on legal costs and making the right strategic decisions.
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