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Latest TMT News

A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

The following Commercial news provides comprehensive and up to date legal information on A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

TCC grants AA 1996, s 9 stay applying the presumption in favour of ‘one stop adjudication’ in multi-contract scenario (Surrey County Council v Suez Recycling and Recovery Surrey)

TMT weekly highlights—22 July 2021

The following TMT news provides comprehensive and up to date legal information on TMT weekly highlights—22 July 2021

AG’s opinion—Article 17 of DSM Copyright Directive compatible with the EU Charter of Fundamental Rights (Poland v Parliament and Council)

The following Commercial news provides comprehensive and up to date legal information on AG’s opinion—Article 17 of DSM Copyright Directive compatible with the EU Charter of Fundamental Rights (Poland v Parliament and Council)

Featured TMT content

The commercialisation of sport

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

TCC—preparing for and attending a pre-trial review (PTR)

TCC—preparing for and attending a pre-trial review (PTR)Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and...

Mediation—advantages and disadvantages

Mediation—advantages and disadvantagesWhat is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution...

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),...

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 19th May

In-house

Practice notes

Co-operative and community benefit societies

Co-operative and community benefit societiesWhat is a co-operative or community benefit society?A co-operative society or community benefit society...

19th May

Practice notes

Information society services and e-commerce

Information society services and e-commerceIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation...

19th May

Practice notes

Rome II—application and interpretation

Rome II—application and interpretationThis Practice Note is for use when determining applicable law in respect of events giving rise to damage, where...

19th May

Practice notes

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...

Produced in partnership with Adam Cygan of University of Leicester 19th May

Brexit

Q&As

Can the board of a co-operative and community benefit society (a registered society) delegate powers to any third party, and can the registered society grant a power of attorney to a third party to execute documents on its behalf?

Can the board of a co-operative and community benefit society (a registered society) delegate powers to any third party, and can the registered...

19th May

Practice notes

CE-File—introduction to electronic filing in the Rolls Building and other courts

CE-File—introduction to electronic filing in the Rolls Building and other courtsThis Practice Note provides guidance on the interpretation and...

19th May

COVID-19

Practice notes

Claiming damages—tort and contract claims compared

Claiming damages—tort and contract claims comparedThis Practice Note serves as a quick reference guide for practitioners comparing the law of damages...

19th May

Practice notes

Rome Convention—introduction and interpretation [Archived]

Rome Convention—introduction and interpretation [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.The UK is no longer...

19th May

Practice notes

Uniform Domain Name Dispute Resolution Policy (UDRP) process

This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers:•Application of the UDRP•Purpose...

Produced in partnership with Emily Taylor of Oxford Information Labs 19th May

Practice notes

Defamation and social media

The internet and, in particular, social media is a high risk area for defamation litigation. Content posted on blogs, internet forums, online...

Produced in partnership with 5RB 19th May

Practice notes

Copyright in films and television programmes

For the purposes of copyright law the term 'film' means a recording, on any medium, from which a moving image may by any means be produced. A...

Produced in partnership with Greg Ruback of Bristows and Jake Palmer of Bristows 19th May

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...

19th May

Practice notes

GNU General Public License (GPL) 2.0—commentary

Although its popularity has declined in recent years in favour of permissive licences such as MIT, a significant amount of software remains licensed...

19th May

Practice notes

The Office of Communications (Ofcom)

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Andrew Sharpe of Orange Business Services 19th May

Practice notes

Prize promotions

This Practice Note examines the law and regulation that applies to operating prize promotions, including prize competitions and free prize draws. It...

19th May

In-house

Most recent TMT clauses content

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...

23rd Jul

Precedents

Personal data processing schedule—short form—pro-processor

Personal data processing schedule—short form—pro-processorSTOP PRESS: On 13 July 2021, the European Data Protection Board published its finalised and...

22nd Jul

Precedents

Minimum purchase clause

Minimum purchase clauseDefinitionsMinimum Purchase Commitment•means the commitment to [purchase the Minimum Quantities OR place Orders with an...

21st Jul

Precedents

Modern slavery: contract clauses

Modern slavery: contract clauses1DefinitionsModern Slavery Policy•means the Customer’s anti-slavery and human trafficking policy as set out in...

19th Jul

In-house

Precedents

Personnel clause

Personnel clause1Definitions[Customer’s Representatives•means the individual (or individuals) identified as such in [insert schedule];]Key...

7th Jul

Precedents

Hardship clause

Hardship clauseHardship•means[, subject to clause [1.6 OR 1.7],] a [fundamental OR material] change in the balance of a party’s benefits and...

5th Jul

Brexit

Precedents

Price variation clauses

Price variation clauses1Price variation (events prior to delivery of goods or products)Confirmed Price Date•means [insert number] days before...

1st Jul

Q&As

What is the meaning of a term in a contract specifying that a reference not to do something is deemed to include an undertaking not to permit or suffer the doing of that thing?

What is the meaning of a term in a contract specifying that a reference not to do something is deemed to include an undertaking not to permit or...

6th Jun

Q&As

To what extent is it possible to ‘own’ data and what can you do to protect the rights arising in relation to data that is in your possession or control?

To what extent is it possible to ‘own’ data and what can you do to protect the rights arising in relation to data that is in your possession or...

5th Jun

Q&As

What materials are available to assist with drafting variations to existing English law contracts between controllers and processors of personal data as necessary to comply with the GDPR?

What materials are available to assist with drafting variations to existing English law contracts between controllers and processors of personal data...

5th Jun

Precedents

Dependencies clause

Dependencies clause1Dependencies1.1The Supplier’s non-performance of its obligations under this Agreement shall be excused if and to the...

5th Jun

Precedents

Change control clause—short form

Change control clause—short form1Change control1.1If either party wishes to make a change to this Agreement at any time, the Customer may request, and...

5th Jun

Precedents

Termination clause

Termination clause1Termination1.1This Agreement may be terminated by either party giving a minimum of [enter number] months’ notice in writing to the...

5th Jun

In-house

Precedents

Interest on late payment clause

Interest on late payment clause1Interest on late paymentIf either party fails to make payment in accordance with this Agreement the other party shall...

5th Jun

Precedents

Change control clause—long form

Change control clause—long form1Definitions1.1In this Agreement:Change•means any change to the Services and/or the terms of this Agreement other than...

5th Jun

Precedents

Health and safety clause

Health and safety clause1Health and safety[Customer Policies•means the policies of the Customer, current copies of which are set out in [insert...

5th Jun

Precedents

Service level agreement

Service level agreement1Definitions1.1In this Schedule:Business Day•means any day which is not a Saturday, Sunday or a public or bank holiday in...

5th Jun

In-house

Precedents

Non-solicitation clause—commercial contracts

Non-solicitation clause—commercial contractsRelevant Period•means the term of the agreementRestricted Period•means the term of the agreement [and a...

5th Jun

In-house

Precedents

Anti-tax evasion facilitation clause—pro-customer

Anti-tax evasion facilitation clause—pro-customer1Anti-tax evasion facilitation1.1For the purposes of this clause 1:1.1.1the expressions ‘Associated...

5th Jun

Precedents