Commercial - Verträge

Aktuelle eAlerts

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  28.03.2023

  Europe

  Eu­ro­pean Par­lia­ment and Coun­cil re­a­dy to start ne­go­tia­ti­ons on EU Da­ta Act – Eu­ro­pe gets clo­ser to ad­op­ting a da­ta law

  In February 2022 the European Commission presented its proposal for the EU Data Act, which – if adopted - will introduce a far-reaching legal regime on access to and use of non-personal data in the EU and will, similar to the GDPR, be applicable to businesses established outside the EU. The proposed regulation contains a set of rules defining how various forms of data can be used and by whom for purposes across all economic sectors with the aim of creating a new data-agile ecosystem. While the new law will bring new opportunities, it will also create legal challenges for all actors in the...

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  14.03.2023

  China

  Chi­na has ac­ce­ded to the Ha­gue Con­ven­ti­on of 5 Oc­to­ber 1961 Ab­olis­hing the Re­qui­re­ment of Le­ga­li­sa­ti­on for For­eign Pu­blic Do­cu­ments

  On 8 March 2023, the People's Republic of China (the "PRC") has (finally!) acceded to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the "Convention").The Convention between the PRC, as the acceding state, and other member states (which will not have raised an objection; see below) will enter into force as of 7 November 2023.This constitutes a long-awaited and very positive development.Please click here to read the full article.

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  13.03.2023

  United Kingdom

  Do ter­mi­na­ti­on for con­ve­ni­ence clau­ses cap loss of pro­fit claims?

  A recent decision of the Scottish Outer House has considered whether a loss of profit claim for repudiatory conduct was capped by the notice period specified by a termination for convenience clause, which could have been operated by the defaulting party. The limiting effect of such clauses has been upheld previously, but this appears to be the first case in which the question has been considered in circumstances where the contract was affirmed by the innocent party, rather than terminated. The innocent party’s affirmation of the contract resulted in its loss of profit claim being preserved...

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  13.03.2023

  EU, UK

  Get­ting Brex­it Do­ne? The UK Re­tai­ned EU Law and what it me­ans for UK com­pa­nies

  If the Retained EU Law (Revocation and Reform) Bill is passed in its current form, nearly 50 years of EU-derived rules and regulations that had become part of the fabric of UK law across a wide range of areas will disappear from the UK statute books on 31 December 2023, unless the relevant department persuades Government to keep the statute. Businesses should therefore consider whether they wish to make representations to any relevant departments to influence decision-making on the statutes they definitely want to keep, or lose.What is the UK Retained EU Law?Following the UK’s decision to...

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  28.02.2023

  Europe

  Dun­ge­ons, Dra­gons, and the Pe­rils of In­tel­lec­tu­al Pro­per­ty Li­cen­sing

  Dungeons and Dragons and the Open Gaming Licence Dungeons and Dragons, often abbreviated to D&D, is a fantasy tabletop role-playing game that was created in 1974. Since 1997, D&D has been published by the Wizards of the Coast (WoTC) who have overseen D&D’s steady growth in popularity throughout the last two decades. However, as a result of increasing exposure in pop-culture, D&D’s popularity has rapidly exploded worldwide. This public interest has translated into significant financial success for WoTC, who generated $1.3 billion in revenue from D&D in 2021. Whilst...

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  23.02.2023

  Europe

  EU Da­ta Act - Fo­cus on Cloud Ser­vices: swit­ching char­ges - who should shoul­der the cost?

  In the third Law-Now in our cloud services series on the EU Data Act (the “Act”), we focus on the proposed measures to reduce and remove switching charges. The Act aims to facilitate customers switching between cloud service providers and other data processing services. In pursuit of this aim, the Act will regulate how cloud service providers can charge for switching and what customers can be expected to pay to switch to another provider. It’s likely that switching charges will be a topic of significant negotiation during the trialogue, as evidenced by the various amendments to...

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