Commercial Contracts

Recent Articles

•  

  18/06/2024

  Czech Republic

  Competence of consumer protection supervisory authorities clarified in the Czech Republic

  CZ

  On 6 January 2023, Czech consumer protection regulation was significantly amended for the purpose of implementing EU Directives 2019/770, 2019/771, 2019/2161 and rectifying former errors in implementation of EU Directives. These changes, which we previously overviewed here, encompassed modification in the regulation of commercial practices, sales path, terms and conditions, as well as new provisions for digital content and digital services, and for online marketplaces.This amendment, however, introduced an ambiguity concerning the competences of the respective consumer protection supervisory authorities.According...

  Read more
•  

  11/06/2024

  South Africa

  The Remote Gambling Bill and the legalisation of online gambling in South Africa

  IntroductionOver the past decade, the sports betting industry has experienced robust growth in many jurisdictions, including South Africa. However, online gambling (interactive games), except for online betting through a licensed bookmaker, remains an unregulated and prohibited activity in South Africa. The current prohibition is aimed at persons participating in a gambling game (similar to those ordinarily on offer in a casino or similar establishment) remotely using the internet (i.e., not in licensed premises such as a casino).The legalisation and regulation of interactive games is dealt with...

  Read more
•  

  06/06/2024

  CEE

  Gambling Regulation: Opportunities and Challenges 2024

  The gambling sector in Central and Eastern Europe (CEE) is constantly evolving, driven by regulatory changes that are shaping the industry. CMS is excited to present the third edition of our comprehensive expert guide, the CEE Guide to Gambling Laws, which explores the legal landscape of gambling and offers expert advice on regulatory matters and recent developments.Gambling Regulation: Opportunities and ChallengesThe liberalisation of gambling regulations is creating new opportunities in some jurisdictions, while others are imposing stricter legislative controls, narrowing the legal avenues for...

  Read more
•  

  27/05/2024

  Europe

  Vital Signs Spring 2024

  As we push on into 2024 and towards summer, both the weather and some legal areas are hotting up. This edition of Vital Signs looks in detail at recent developments in four diverse legal areas. First, we review the current risks and trends in commercial contracts in the life science sector. Second, we consider how the law on supplementary protection certificates (SPCs) is developing, including the status of the EU pharma law package, CJEU referrals and national case law at the supreme court level. Third, brace yourself for an important decision in UK law on public procurement and the test for the...

  Read more
•  

  24/05/2024

  United Kingdom

  The DMCC Act becomes law

  The long-awaited Digital Markets, Competition and Consumers (“DMCC”) Act is scheduled to receive royal assent today (24 May 2024), in the wash-up period just before the dissolution of the current parliament and following the announcement of a snap UK general election for 4 July 2024.It is a landmark piece of legislation that has been in the making for several years. It aims to regulate competition in digital markets; amend the Competition Act 1998 and the Enterprise Act 2002 and make other provision about competition law; and provide for the protection and enhancement of consumer rights.From...

  Read more
•  

  17/05/2024

  Europe

  European Sanctions: Mandatory Contract Clauses, New Criminal Penalties

  BackgroundFollowing Russia’s occupation of Crimea in 2014 and invasion of Ukraine in 2022, global allies including the UK, US and EU, Canada and Australia, acted in concert to impose stringent sanctions and export control restrictions designed to stem the flow of investment into the Russian war machine. These included wide restrictions on the goods and their components found on the battlefield in Ukraine, and is reflected in the G7 agreed list of Common High Priority Items.The two years since have seen the growth of a shadow “evasion” economy, used by supporters of the Russian...

  Read more