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Continued recognition of civil judgments between the UK and Norway

The following Commercial news provides comprehensive and up to date legal information on Continued recognition of civil judgments between the UK and Norway

What does IP completion day mean for the status of EU law in the UK?

The following Banking & Finance news provides comprehensive and up to date legal information on What does IP completion day mean for the status of EU law in the UK?

DLA Piper—GDPR fines and data breach survey published

The following Corporate Crime news provides comprehensive and up to date legal information on DLA Piper—GDPR fines and data breach survey published

Countdown star strikes out journalist’s defence (Riley v Sivier)

The following Dispute Resolution news provides comprehensive and up to date legal information on Countdown star strikes out journalist’s defence (Riley v Sivier)

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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...

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...

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...

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...

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

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

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

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

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

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

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

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

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

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

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 12th Jan

Precedents

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...

9th Nov

In-house

Practice notes

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...

9th Nov

Precedents

Month definition

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

9th Nov

Most recent Q&As content

Q&As

Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?

As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal...

27th Jan

Brexit

Q&As

Can two attorneys sign a deed in lieu of two directors signing, or does it have to be one attorney and one witness?

Documents executed as deeds must be expressed as being executed by the company. A document will be deemed to be executed as a deed if it is duly...

27th Jan

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...

27th Jan

Brexit

Q&As

How do you determine what constitutes personal data under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR)?

Definition of personal data under the General Data Protection Regulation (GDPR)Article 4(1) of Regulation (EU) 2016/679, General Data Protection...

26th Jan

Q&As

Might a signature constitute personal data under the General Data Protection Regulation (GDPR) regime as it applies in the UK and might the GDPR regime, as it applies in the UK, require that the signature is redacted from a document which is to be made publicly available?

This Q&A is answered from the perspective of a controller considering disclosing handwritten signatures. See Practice Note: Key definitions under data...

Produced in partnership with Jon Baines of Mishcon de Reya 26th Jan

Q&As

What’s the impact of failing to obtain a valid consent under the GDPR? Can you use a privacy notice to make up for a defect in such a consent?

Requirements for lawful processing of personal dataAn organisation cannot simply process personal data because it wishes to do so. It can only process...

26th Jan

Q&As

Where personal data flows in and out of the EEA between two parties (both acting as controllers) and each party acts as importer and exporter of personal data into/from the EEA in connection with those arrangements, is it possible where the ‘Set II’ 2004 Controller to Controller Standard Contractual Clauses (SCCs) will be used as an appropriate safeguard under Article 46 of the General Data Protection Regulation (EU) 2016/679 (EU GDPR) to use one SCC with amendments (eg in an addendum) to reflect that the parties are acting as both importer and exporter respectively?

For the purpose of this Q&A it has been assumed that:•the question solely relates to transfers outside the EEA under the General Data Protection...

26th Jan

Q&As

What is the definition of a 'transfer' under Chapter V of the General Data Protection Regulation, Regulation (EU) 2016/679 (the EU GDPR)? Is it limited to actual movement of personal data from one place to another? If UK staff access, view and amend personal data held on a server in the EU (doing all such things on EU servers) from the UK following the end of the Brexit implementation period could that be a 'transfer' of personal data outside the EEA subject to Chapter V of the EU GDPR?

This Q&A relates to circumstances from 1 January 2021, following the end of the Brexit implementation period.For the purposes of this answer, we have...

26th Jan

Q&As

Must the contractual terms required by Articles 28(3) or 28(4) of the EU GDPR be governed by the law of an EEA state; must the contractual terms required by Articles 28(3) or 28(4) of the UK GDPR be governed by a UK law?

The definitions of ‘controller’, ‘processor’, ‘processing’ and ‘personal data’ under Regulation (EU) 2016/679, the General Data Protection Regulation...

Produced in partnership with Daradjeet Jagpal of Information Law Solutions 26th Jan

Q&As

Where a processor in a remaining EU state will transfer personal data back to a controller in the UK following a no-deal Brexit, might the parties entering into an agreement incorporating the processor's ‘Binding Corporate Rules for Processors’ suffice as an appropriate safeguard for that EU-to-UK transfer under Chapter V of Regulation (EU) 2016/679, the (EU) General Data Protection Regulation (GDPR) post-Brexit?

We have assumed that:•the question solely relates to the position under EU law on the transfer of personal data from the European Economic Area (EEA)...

Produced in partnership with Sam Morrow 26th Jan

Q&As

Is there a specified format for notifying data subjects of a personal data breach under the GDPR?

In answering this Q&A, it has been assumed to be a breach notification under the Genaral Data Protection Rules, and the threshold for informing data...

26th Jan

Q&As

Do you have any materials relating to the meaning of controller vs processor? Is it the case that Article 28 of the GDPR applies only where the processing of data is carried out on behalf of a controller (by a processor)?

A first step to take in analysing requirements under the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) in relation to any...

26th Jan

Q&As

We are dealing with the transfer of a business which designs and improves websites. Can you provide some information on the general data protection regulation considerations that arise in the context of an asset sale?

Regulation (EU) 2016/679, General Data Protection Regulation compliance on an asset saleThe main general data protection regulation (GDPR)...

26th Jan

Q&As

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

Background to the standard contractual clausesThere was a general prohibition in Directive 95/46/EC (the Data Protection Directive), on controllers...

26th Jan

Q&As

Can an act or omission which occurred before 25 May 2018 result in an administrative fine under Article 83 of the GDPR?

As explained in Practice Note: The General Data Protection Regulation (GDPR), the General Data Protection Regulation, Regulation (EU) 2016/679 (the...

26th Jan

Q&As

When preparing a privacy notice for a computer game aimed at subscribers who are over the age of 18, should the privacy information be understandable for children as well as the over 18 users?

For the purposes of this Q&A we have focused on the transparency obligations under Regulation (EU) 2016/679, the General Data Protection Regulation...

26th Jan

Q&As

When responding to a data subject access request, is the controller required to search for deleted personal data?

The right of accessArticle 15 of the General Data Protection Regulation (the GDPR), Regulation (EU) 2016/679 provides data subjects with the right to...

Produced in partnership with Peter Steel of Augury Consulting Limited 26th Jan

Q&As

If a company operates an access control system which utilises special category personal data (eg a biometric scan of an employee's fingerprint) to permit access to the workplace, are there any grounds under Article 9 of the GDPR (as it applies in the UK) which the company may be able to rely on, other than explicit consent, for processing the special category personal data where the system was adopted for health and safety and food hygiene reasons?

We assume you are referring to a situation in which the data is personal data that solely relates to individuals in England and Wales, where the data...

26th Jan

Q&As

Is someone’s voice personal identifiable information under GDPR? If someone is to do a voice over for content of some training for a business, would a consent form be needed?

Is someone’s voice personal identifiable information under GDPR?A voice recording is likely, in almost all circumstances, to constitute ‘personal...

26th Jan

Q&As

Can the personal data processing contract between a controller and processor required for compliance with Article 28(3) of the General Data Protection Regulation (the GDPR), Regulation (EU) 2016/679 as it applies in the UK be entered into in electronic form? Can electronic signatures and click wrap methods be used to enter into such contracts?

For an introduction to the General Data Protection Regulation (the GDPR), Regulation (EU) 2016/679 and guidance on the meaning of ‘controllers’ and...

26th Jan