GDPR The new and strengthened data protection regime of the General Data Protection Regulation (GDPR) will require businesses to adjust their approach to data protection legal compliance. Compliance failures can lead to compensation claims by individuals as well as the levying of much tougher penalties by the ICO. What rights to compensation under the GDPR…
Further assurance clauses are common in commercial contracts, in particular in share purchase agreements that give effect to the sale of a company. A further assurance clause typically requires one or more of the contracting parties to do such acts as may be required to give effect to the contract. Further assurance clauses are particularly…
The General Data Protection Regulation (GDPR) will take effect as of 25 May 2018, replacing the current statutory data protection regime of the Data Protection Act 1998 (DPA). Controllers and processors of personal data within EU Member States will be subject to the GDPR and should be aware of the various changes to data protection…
Businesses and individuals alike being asked to guarantee, or provide an indemnity in relation to, another party’s obligations need to understand that guarantees and indemnities are different creatures. What features set them apart from one another and what are the practical consequences of the distinction? Briefly, an indemnity is a promise by one party to…
Although it does not happen often, courts will sometimes imply terms into a contract to regulate issues that the contract is silent on. Terms can be implied into business contracts when they are necessary to fill the gaps left by the express terms or they are required to give the agreement efficacy. In BP Refinery…
How far can exclusion and limitation clauses go in B2B contracts? The law on exclusion and limitation clauses differs between consumer contracts and business to business contracts. A higher level of protection is offered to consumers due to their vulnerability and lack of bargaining power. Businesses on the other hand are deemed to have access…
The EU General Data Protection Regulation (GDPR) will come into force on 25 May 2018. It is a shake up of the existing data protection regime, which was developed by law makers in the mid-1990’s, a time when digital infrastructures and business technologies were considerably less advanced. Under the GDPR individuals and consumers will have…
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