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Latest Information Law News

Work on UK standard contractual clauses under way, ICO official says

The following Commercial news provides comprehensive and up to date legal information on Work on UK standard contractual clauses under way, ICO official says

Information Law weekly highlights—6 May 2021

The following Information Law news provides comprehensive and up to date legal information on Information Law weekly highlights—6 May 2021

EU-US Privacy Shield data transfer problem caused by Schrems II won’t be solved ‘overnight’, EU negotiator warns

The following Commercial news provides comprehensive and up to date legal information on EU-US Privacy Shield data transfer problem caused by Schrems II won’t be solved ‘overnight’, EU negotiator warns

EU deal allowing Google, Facebook to scan for child-abuse content unlocks talks on ePrivacy rules

The following Commercial news provides comprehensive and up to date legal information on EU deal allowing Google, Facebook to scan for child-abuse content unlocks talks on ePrivacy rules

Featured Information Law content

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

Applicable law clauses

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...

Third party intellectual property rights indemnity clause—pro-supplier

1 Intellectual property rights indemnity 1.1 The Supplier shall defend the Customer against any third party claim that...

Applications for interim injunctions for breaches of privacy

This Practice Note should be read in conjunction with Practice Notes: Privacy law—misuse of private information and Privacy law—remedies.Coronavirus...

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Practice notes

Model ADR clauses

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...

9th Nov

Practice notes

No deal Brexit—jurisdiction (UK and the Lugano Convention)

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...

9th Nov

Brexit

Precedents

Standard contractual clauses—set II—controller to controller (Model Clauses)

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

9th Nov

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Sub-licensing intellectual property rights

An intellectual property (IP) owner may choose to license its IP to a third party. This can be an effective route to generating revenue while...

Produced in partnership with Jessica Stretch 12th Jan

In-house

Practice notes

Rome Convention—introduction and interpretation

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...

9th Nov

Practice notes

Starting a GDPR compensation claim—a practical guide

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners in a number of areas covered in this...

Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach 12th Jan

Practice notes

Defamation—defences

DefencesThere are a number of substantive defences to a defamation claim, the majority of which are now, since the Defamation Act 2013 (DA 2013),...

Produced in partnership with 5RB 12th Jan

In-house

Practice notes

Declaration of a director's interests—the statutory provisions

A director who is in any way, directly or indirectly, interested in:•a proposed transaction or arrangement with the company of which they are a...

9th Nov

Practice notes

Malicious falsehood

This Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no requirement in a claim for...

Produced in partnership with 5RB 12th Jan

In-house

Practice notes

A company’s constitution

What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of...

9th Nov

Practice notes

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

9th Nov

In-house

Practice notes

Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

9th Nov

In-house

Most recent Information law clause bank content

Q&As

If a corporation aggregate ordinarily signs hard copy documents by affixing its common seal, how should this process be replicated to enable it to sign electronically? How can a seal applied in this way be distinguished from an 'electronic seal' as defined in Article 3 of Retained Regulation (EU) 910/2014 (UK eIDAS)?

A corporation aggregate is a body of persons which is recognised by the law as having a personality which is distinct from the separate personalities...

7th May

Practice notes

Jurisdiction agreements—approach of the courts of England and Wales

This Practice Note looks at the English common law and how the courts of England and Wales will construe and apply it when determining the...

4th May

Brexit

Q&As

Can an execution block be amended after execution and delivery of a deed? For example, where a document was executed as a deed by a company purporting to act by a director and a power of attorney, but the attorney should have signed as a witness in accordance with section 44 of the Companies Act 2006, can the attestation be changed to refer to the attorney as a witness and is the execution by the company valid?

Formalities required for a deedThe requirements of a deed are set out under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989...

30th Apr

Practice notes

Execution of deeds—jurisdictional guide

This guide sets out the requirements for executing deeds in various international jurisdictions. The table provides a quick-reference summary of the...

Produced in partnership with Diego Krischcautzky of Marval, O’Farrell & Mairal 30th Apr

Q&As

What is the effect of a corporate signature, particularly by a solicitor’s firm, eg where a letter is signed as ‘Firm A’ as opposed to being signed personally by a partner of that firm?

This Q&A assumes that:•the question relates to the use of a signature in the context of commercial negotiations•the question does not relate to...

28th Apr

Q&As

Where a contract uses a term denoting a type of law (such as ‘enactment’, ‘statute’ or ‘subordinate legislation’), what do these terms cover and do they include retained EU law?

A contract may refer to ‘statute’, ‘legislation’, ‘subordinate legislation’ or ‘enactment’. Such terms have different meanings. In addition, retained...

27th Apr

Precedents

Power of attorney for commercial transactions

1Appointment and powersWe, [insert name of company] a company incorporated in [England and Wales] under number [insert registered number] whose...

27th Apr

In-house

Practice notes

Rome II—application and interpretation

This Practice Note is for use when determining applicable law in respect of events giving rise to damage, where such events occurred on or before IP...

26th Apr

Practice notes

A company’s constitution

What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of...

22nd Apr

Precedents

Personal data international transfer sub-provision—long form—pro-processor

Definitions—to be integrated into relevant parts of the agreementAdequacy Decision•means any valid adequacy decision as referred to in Article 45 of...

22nd Apr

Brexit

Precedents

Personal data processing schedule—short form—pro-controller

This Precedent is drafted in contemplation of arrangements where the parties wish to insert data processing provisions within a Schedule rather than...

22nd Apr

Precedents

Personal data processing schedule—short form—pro-processor

This precedent is drafted in contemplation of arrangements where the parties wish to insert data processing provisions within a Schedule rather than...

22nd Apr

Precedents

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

Defined terms: This precedent clause uses the additional defined terms ‘Agreement’, ‘Business Day’, ‘Disclosing Party’, ‘parties’, ‘person’ and...

22nd Apr

Precedents

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

Defined terms: This precedent schedule uses the additional defined terms ‘Agreement’, ‘Business Day’, ‘Disclosing Party’, ‘parties’, ‘person’ and...

22nd Apr

In-house

Precedents

Personal data international transfer sub-provision—long form—pro-controller

Definitions—to be integrated into relevant parts of the agreementAdequacy Decision•means any valid adequacy decision as referred to in Article 45 of...

22nd Apr

Brexit

Practice notes

The role of boilerplate

This Practice Note discusses the role and importance of the boilerplate clauses in an agreement. It identifies the boilerplate clauses that most...

21st Apr

Practice notes

Rome Convention—introduction and interpretation [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.The UK is no longer bound by the Rome Convention, as a matter of international...

20th Apr

Precedents

Standard contractual clauses for international transfers—controller to processor—ICO templates

In briefThis precedent links to:•a template created by the UK Information Commissioner’s Office (ICO) of the ‘2010’ EU Standard Contractual Clauses...

20th Apr

In-house

Precedents

Standard contractual clauses for international transfers—set II—controller to controller—ICO templates

In briefThis precedent links to: •a template created by the UK Information Commissioner’s Office (ICO) of the ‘Set II’ or ‘2004’ EU Standard...

20th Apr

Practice notes

Powers of attorney in commercial transactions

Commercial lawyers will regularly come across situations where third parties are executing documents as an attorney on behalf of another person and...

20th Apr

COVID-19

In-house