Supplier management

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This subtopic brings together materials of relevance for commercial lawyers advising on legal issues arising with the management of a business’ supply chain, in particular:

  1. •

    when trading with a business partner (either a customer or a supplier) which is in financial difficulty

  2. •

    supporting sustainability, corporate social responsibility (CSR) and environmental, social and governance (ESG) initiatives through the supply chain

  3. •

    managing the bribery and corruption risk

  4. •

    managing the modern slavery risk

  5. •

    resilient contracting with suppliers

For more information on supply chains generally, see Practice Note: Supply chain fundamentals.

Trading with a company in financial difficulty

Many businesses experience financial trouble, cash flow or debt problems. This part of the subtopic considers the experience from the perspective of a business trading with another (either a customer or supplier) that is experiencing financial difficulty and as such is seeking to reduce its exposure to that risk through prudent contract risk management.

  1. •

    Identifying a company in financial difficulty—diligence is required not only when first deciding whether to commence trading with a party but also throughout the trading relationship with that party. It cannot be

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Latest Commercial News

Commercial weekly highlights—12 December 2024

This week's edition of Commercial weekly highlights includes: news that the Supreme Court has granted permission to appeal in Johnson v FirstRand Bank and other cases relating to motor finance commission, commentary on the Data (Use and Access) Bill which sets out key takeaways for data protection and privacy practitioners, and news that the Competition and Markets Authority has launched a consultation on draft guidance regarding the unfair commercial practices provisions in the Digital Markets, Competition and Consumers Act 2024.

The EU General Product Safety Regulation starts to apply General Product Safety Regulation

The EU General Product Safety Regulation, Regulation (EU) 2023/988 starts to apply on 13 December 2024. This regulation replaces Directive 2001/95/EC (General Product Safety Directive) and Council Directive 87/357/EEC (Misleading Products Directive) and aims to ensure the safety of all non-food consumer products sold in the EU, both online and offline. The new rules address challenges posed by online sales and third-country imports, improve enforcement and recall procedures, and grant consumers the right to remedy for unsafe products. The regulation is expected to yield significant societal and consumer savings by reducing preventable damages from unsafe products.

A closer look at the Data (Use and Access) Bill of 2024

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Revised EU Product Liability Directive enters into force

The European Commission has confirmed that Directive (EU) 2024/2853 (the revised Product Liability Directive) entered into force on 8 December 2024. The new rules seek to establish an up-to-date framework for victims seeking compensation for damage, such as personal injury, property damage and damage to data, caused by defective products, and provide greater legal certainty for economic operators. It applies to all products, including household items as well as artificial intelligence, software and product-related digital services, and to products sold online. Under the revised Product Liability Directive, the Commission will also develop a publicly accessible EU database of court judgments on product liability cases, with a view to better explain the application of the rules.

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