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Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Cloud computing—key legal issues

This Practice Note considers the following legal and commercial issues relating to cloud services:•Due diligence•Contract documents•Service

Deeds

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

Copyright infringement

The Copyright, Designs and Patents Act 1988 (CDPA 1988) gives the copyright owner exclusive rights in the UK to carry out various acts in relation to

Practice notes

Trade secrets and confidential information—protection and enforcement

Introduction to the laws protecting confidential information and trade secrets in the UKHistorically, the UK had no statutory regime to address the...

Produced in partnership with William Smith of Bird & Bird LLP 23rd Oct

In-house

Practice notes

The Data Protection Act 2018

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

19th Oct

Brexit

In-house

Practice notes

UK GDPR and EU GDPR—sanctions and enforcement

Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK...

19th Oct

Practice notes

Data portability

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

Produced in partnership with Alex Brown of Simmons & Simmons 19th Oct

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...

16th Oct

Practice notes

Brexit—implications for data protection

This Practice Note discusses the impact of Brexit on the general processing of personal data under the General Data Protection Regulation, Regulation...

16th Oct

Brexit

In-house

Practice notes

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...

Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB and Daniel Bishop 16th Oct

Practice notes

Misuse of private information and related claims

The tort of misuse of private information is the principal cause of action relied upon to protect privacy rights, at least against defendants who are...

Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB 15th Oct

Practice notes

Cookies

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

28th Sep

Practice notes

The Network and Information Systems Regulations 2018

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

26th Sep

Practice notes

Privacy law—misuse of private information

The tort of misuse of private information is focused on 'the protection of human autonomy and dignity—the right to control the dissemination of...

26th Sep

Precedents

Anti-bribery clause

1 Anti-bribery—short form—pro-customer Bribery Laws means the Bribery Act 2010[ and associated guidance published...

26th Sep

Practice notes

Adtech and programmatic advertising

This Practice Note provides an overview of the adtech ecosystem and the programmatic buying and selling of online display advertising. It considers...

26th Sep

Practice notes

Applying block exemptions to IP agreements

Intellectual property (IP) agreements relating to, for example, licensing of technology and for the joint development of new technology, may have a...

25th Sep

Practice notes

Consent under the GDPR

The General Data Protection Regulation (the GDPR), Regulation (EU) 2016/679 was published in the Official Journal of the EU on 4 May...

25th Sep

Most recent Q&As content

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...

28th Sep

Q&As

Does the lack of signature on a contract or deed negate the contract? Is there a distinction between contracts and deeds in this respect? Where a charge that is not signed is registered against a company is that charge valid?

We assume that this Q&A is referring to a charge that has not been signed by either party. We have also assumed that the charge is registered against...

28th Sep

Q&As

Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?

Is there a force majeure event?In English law, the expression ‘force majeure’ does not refer to a legal doctrine. Instead, the expression ‘force...

28th Sep

COVID-19

Q&As

Can an authorised signatory execute a deed on behalf of a director of a company or would this result in the deed being invalidly executed?

In answering this Q&A, research has been limited to cover execution as a deed on behalf of a company and does not relate to a deed being executed by...

28th Sep

Q&As

Will a correctly executed deed be a binding contract if all pages of the document carry the word ‘draft’ as a watermark?

A deed has four key requirements:•in writing (established in Goddard's Case (1584) 2 Co Rep 4b, 3 Leon 100 (not reported by LexisNexis®; section 1(1)...

28th Sep

Q&As

If a clause in a contract gives an immediate right to terminate for material breach and is silent as to the effect of a dispute resolution clause in the same contract on that right to terminate (although other clauses in the contract are expressed to be subject to the dispute resolution clause), does the party seeking to terminate have to go through the dispute resolution process before they terminate?

The determination of the issue will always depend on the exact terms of the dispute resolution clause utilised in the contract. It has been assumed...

Produced in partnership with Tim Herbert of Ignition Law 28th Sep

Q&As

Can an invalid statutory declaration be binding as a simple contract?

A statutory declaration allows an individual to make a legal declaration confirming that something is true for the purposes of satisfying some legal...

28th Sep

Q&As

If a person who intended to sign a contract dies before signing the agreement, can their personal representative (PR) sign on their behalf or are there any other solutions to complete the contract? If a PR is able to sign, is there specific wording to include in the attestation clause?

Powers of the personal representative (PR)A personal representative (PR) has powers, under the Administration of Estates Act 1925, the Trusts of Land...

28th Sep

Q&As

When marketing to sole traders, partnerships or small limited companies via text/e-mail do the recipients need to provide consent?

We have limited our research and comments to cover the Data Protection Act 1998 (DPA 1998). We have not commented on the Privacy and Electronic...

28th Sep

Q&As

Where a contract says time is of the utmost importance—is that construed as being of the essence?

Where a contract states that ‘time is of the essence’ in respect of the performance of an obligation stipulated in the contract, it means that there...

28th Sep

Q&As

Are there any circumstances in which parties would not use ‘and delivered’ when executing a deed?

Under section 1(2) of the Law of Property (Miscellaneous Provisions) Act 1989, a deed must be:•in writing•clear on its face that it is intended to be...

Produced in partnership with Hannah Maidment of HRC Law 28th Sep

Q&As

Subject to post-Brexit potential changes in enforcing foreign judgments, is it possible to state with certainty that: A) an EU judgment will be enforced against an English company in English courts B) an EU debenture affecting an English company would be enforceable in English courts.

EU judgmentIn this Q&A we have limited our research to cover the current position under English law; we have not considered the possible position...

28th Sep

Brexit

Q&As

Where a contract prevents one party (A) from soliciting the employees of the other party (B) for a period of 12 months following the termination of the contract between the parties, is this effective to prevent the solicitation of an ex-employee of (B) who left (B) five months ago and is working independently and an ex-employee who has left B and set up as a consultant through a service company?

Non-solicitation clausesA restriction on ‘poaching’ employees is one type of restrictive covenant usually contained in commercial or employment...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep

Q&As

If I can’t meet the people I am contracting with to sign a contract, how do I execute a contract by virtual means?

Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...

28th Sep

COVID-19

Q&As

What are the formalities for using a registered society seal?

For the purpose of this Q&A, we assume that a laser seal is a method of application of a purported seal.Where a company has a seal and it is being...

28th Sep

Q&As

Would Rome 1 apply to a contract between a US company and a UK company to determine the applicable governing law? If Rome 1 does apply to such a contract to determine choice of law, is there a presumption that US law applies given the US company is the supplier?

This response is based on the approach of the courts of England and Wales and assumes that the contract was entered into after 17 December 2009.When...

28th Sep

Q&As

Do you have any guidance on whether Brexit is considered a force majeure event?

We refer you to the following which may be of assistance:•Q&A: Is Brexit considered a force majeure event?•Practice Note: Brexit—contract risk...

28th Sep

Brexit

Q&As

What are the requirements for incorporating the terms of an agreement which is being varied into a deed of variation?

There are various methods by which a document such as an agreement which is being varied may be incorporated into or annexed to a deed of variation....

28th Sep

Q&As

Can a signed scanned version of a contract or deed be relied upon as opposed to the signed original?

We have assumed that the question relates to the execution of a scanned version of a contract or deed.We would like to refer you to the following...

28th Sep

Q&As

Is there a fiduciary relationship between a buyer and seller of goods?

Fiduciary relationshipsCertain specific relationships automatically give rise to a fiduciary duty—these include trustee and beneficiary (see Practice...

28th Sep