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Latest Commercial News

Commercial weekly highlights—23 September 2021

Commercial weekly highlights—23 September 2021

The following Commercial news provides comprehensive and up to date legal information on Commercial weekly highlights—23 September 2021

ISBA introduces influencer marketing code of conduct—September 2021

ISBA introduces influencer marketing code of conduct—September 2021

The following Commercial news provides comprehensive and up to date legal information on ISBA introduces influencer marketing code of conduct—September 2021

Google tells MPs online bill isn't place to tackle scam ads

Google tells MPs online bill isn't place to tackle scam ads

The following Commercial news provides comprehensive and up to date legal information on Google tells MPs online bill isn't place to tackle scam ads

Deloitte partners escape £19m claim over Barclays swaps

Deloitte partners escape £19m claim over Barclays swaps

The following Banking & Finance news provides comprehensive and up to date legal information on Deloitte partners escape £19m claim over Barclays swaps

Featured Commercial content

Fiduciary Duties

Fiduciary Duties

Fiduciary DutiesWho is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under...

Conditions precedent in commercial contracts

Conditions precedent in commercial contracts

Conditions precedent in commercial contractsThis Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It...

Deeds

Deeds

DeedsUnder English law legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which...

Mistake in contract law

Mistake in contract law

Mistake in contract lawThis Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake,...

Practice notes

Incoterms® 2020 Rules—CIP Carriage and insurance paid to

Incoterms® 2020 Rules—CIP Carriage and insurance paid toThis Practice Note comprises the guidance note to the CIP Carriage and insurance paid to...
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19th May
Practice notes

The British Franchise Association (BFA)

The British Franchise Association (BFA)This Practice Note examines the role and remit of the British Franchise Association (the BFA) in the franchise...
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Produced in partnership with Tim Rickard of Fieldfisher and David Bond of Fieldfisher 19th May
Q&As

In a business-to-business contract where a contractual long-stop date has passed but the parties wish to continue with the contract, should they document their intention to continue or enter into a new contract?

In a business-to-business contract where a contractual long-stop date has passed but the parties wish to continue with the contract, should they...
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19th May
Precedents

Letter of variation

[ON HEADED NOTEPAPER OF PARTY A][Insert address of Party B][[Insert address of Guarantor]][Insert date]Dear [name of Party B][ and [name of...
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19th May
tag iconIn-house
Practice notes

Key differences in the law of contract between Scots and English law

Key differences in the law of contract between Scots and English lawScots contract law has in many ways become similar to its English counterpart...
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Produced in partnership with Morton Fraser 19th May
tag iconScottish Law
Practice notes

The EU Consumer Rights Directive

The EU Consumer Rights DirectiveThis Practice Note provides an overview of Directive 2011/83/EU (OJ L 304/64), the EU Consumer Rights Directive (EU...
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19th May
Practice notes

Incoterms® 2020 Rules—CPT Carriage paid to

Incoterms® 2020 Rules—CPT Carriage paid toThis Practice Note comprises the guidance note to the CPT Carriage paid to Incoterm in the Incoterms® 2020...
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19th May
Practice notes

Affirmation

AffirmationAffirmation is an indication of the intention to continue with a contract. Affirmation may arise in the case of:•a repudiatory breach of...
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19th May
Precedents

Counterparts clause

1 Counterparts—agreement 1.1 This agreement may be signed in any number of separate counterparts, each of which when...
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19th May
tag iconIn-house
Practice notes

Agent and principal relationships with third parties

Agent and principal relationships with third partiesThis Practice Note deals with the relationships arising between principals, agents and third...
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19th May
Practice notes

Bailment

BailmentThis Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition...
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Produced in partnership with Quentin Tannock of 4 Pump Court 19th May
Precedents

Execution clause—company—contract

Option 1—contract signed on behalf of a company, where the authorised signatory is an individual Signed by [insert name of...
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19th May
tag iconIn-house
Practice notes

Requirements of the company seal

Requirements of the company sealThis Practice Note provides practical guidance regarding the requirements of the company seal. Where a company has a...
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19th May
Practice notes

Private right of redress for consumers

Private right of redress for consumersThis Practice Note summarises a consumer’s private right of redress for misleading and aggressive commercial...
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19th May
Practice notes

Incoterms® 2020 Rules—DPU Delivered at Place Unloaded

Incoterms® 2020 Rules—DPU Delivered at Place UnloadedThis Practice Note comprises the guidance note to the DPU Delivered at Place Unloaded Incoterm in...
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19th May
Practice notes

Subcontracting

SubcontractingThis Practice Note examines the following legal and practical matters in relation to entering into a subcontract or when granting...
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19th May

Most recent Data protection content

Precedents

Privacy policy—general commercial organisation—customer-facing

Privacy policy—general commercial organisation—customer-facingSTOP PRESS: In September 2021 the European Data Protection Board published a binding...
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23rd Sep
Practice notes

UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations

UK GDPR and EU GDPR—transfers of personal data internationally and to international organisationsIn briefData protection laws in both the EEA (the EU...
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17th Sep
tag iconBrexit tag iconIn-house
Q&As

Can NHS trusts charge a fee to the police for providing them with copies of patient medical records?

Can NHS trusts charge a fee to the police for providing them with copies of patient medical records?In answering this query, it has been assumed that...
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17th Sep
Practice notes

Key definitions under data protection law

Key definitions under data protection lawOn 31 January 2020, the UK ceased to be a member of the EU and EEA. Given the extensive data flows between...
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17th Sep
Practice notes

Processing personal data—obtaining, recording and managing consent

Processing personal data—obtaining, recording and managing consentThis Practice Note is based on the UK GDPR and consent guidance published by the...
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16th Sep
Practice notes

Brexit—implications for data protection

Brexit—implications for data protectionThis Practice Note discusses the impact of Brexit on the general processing of personal data under the General...
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14th Sep
tag iconBrexit tag iconIn-house
Precedents

Personal data processing schedule—short form—pro-controller

Personal data processing schedule—short form—pro-controllerThis Precedent is drafted in contemplation of arrangements where the parties wish to insert...
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7th Sep
Practice notes

Data protection principles

Data protection principlesOn 31 January 2020, the UK ceased to be a member of the EU and EEA. Given the extensive data flows between the EEA and UK,...
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Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 31st Aug
Q&As

What steps does a data controller have to take under the Data Protection Act 1998 when transferring a database of personal data to a company taking over some of its operations?

What steps does a data controller have to take under the Data Protection Act 1998 when transferring a database of personal data to a company taking...
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26th Aug
Precedents

Personal data sharing schedule—controller to controller—pro-disclosing party

Personal data sharing schedule—controller to controller—pro-disclosing partyDefined terms: This precedent schedule uses the additional defined terms...
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26th Aug
tag iconIn-house
Precedents

Personal data sharing clause—controller to controller—pro-receiving party

Personal data sharing clause—controller to controller—pro-receiving partyDefined terms: This precedent clause uses the additional defined terms...
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26th Aug
Q&As

Have the standard contractual clauses (model clauses) been updated for the General Data Protection Regulation?

Have the standard contractual clauses (model clauses) been updated for the General Data Protection Regulation?Background to the standard contractual...
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26th Aug
Q&As

What is the impact of Brexit on international transfers of personal data?

What is the impact of Brexit on international transfers of personal data?This Q&A looks at the impact of Brexit on cross-border transfers of personal...
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26th Aug
tag iconBrexit
Practice notes

List of data protection clauses and agreements for commercial transactions and personal data processing and sharing

List of data protection clauses and agreements for commercial transactions and personal data processing and sharingThis Practice Note is a...
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26th Aug
Q&As

Can the European Commission Standard Contractual Clauses (Controller to Processor) template be used for data being transferred from one controller to two data processors based on a tri-party commercial agreement, or should two separate templates be used?

Can the European Commission Standard Contractual Clauses (Controller to Processor) template be used for data being transferred from one controller to...
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25th Aug
Q&As

Can an EU based organisation (which is a controller) once the GDPR applies transfer personal data outside of the EEA to a non-EU (and non-EEA) controller in reliance only on the derogations provided in Article 49 of the GDPR (where none of the appropriate safeguards provided under Article 46 of the GDPR can be used) or are there any other requirements which must be met to rely on Article 49 of the GDPR? Is there any guidance on the circumstances to which subparagraphs (a) to (c) of Article 49(1) of the GDPR apply?

Can an EU based organisation (which is a controller) once the GDPR applies transfer personal data outside of the EEA to a non-EU (and non-EEA)...
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25th Aug
Q&As

Must group companies wishing to share personal data enter into a data processing agreement?

Must group companies wishing to share personal data enter into a data processing agreement?This Q&A touches on many aspects of the data protection...
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Produced in partnership with JP Buckley of DWF LLP 25th Aug
Q&As

If a data controller shares personal data with another data controller based outside the EEA, and in doing so exports that personal data outside of the EEA using one of the permitted data export exceptions or adequacy solutions under Schedule 4 of the Data Protection Act 1998 (DPA 1998), does the transferor data controller retain any liability for the processing of that personal data by the transferee controller under the DPA 1998?

If a data controller shares personal data with another data controller based outside the EEA, and in doing so exports that personal data outside of...
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Produced in partnership with Shobana Iyer of Swan Chambers 25th Aug
Q&As

Does a company transferring personal data to one of its US group companies or enabling access to their UK servers by their US group company need to put in place any solutions to permit the transfer?

Does a company transferring personal data to one of its US group companies or enabling access to their UK servers by their US group company need to...
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25th Aug
Q&As

Can the Model Clauses be amended to limit or exclude the rights of a data subject?

Can the Model Clauses be amended to limit or exclude the rights of a data subject?Amending Model ClausesClause 10 of the 2010 Model Clauses provides...
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25th Aug

Popular documents

Medco

Medco

MedcoSTOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small claims track limit for personal injury claims arising from an RTA is increased to £5000 in respect of general damages for pain, suffering and loss of

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as a means of enforcing a judgment debt, with reference to CPR 72. The order directs a third party who owes money to the judgment debtor to pay that

Fraud by false representation

Fraud by false representation

Fraud by false representationFraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the

Amending the articles of association

Amending the articles of association

Amending the articles of associationThis Practice Note summarises the procedure to amend or change a company’s articles of association in accordance with the Companies Act 2006 (CA 2006).Why amend the articles?There are many different reasons why a company may want, or be required, to amend its