TMT clauses

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Latest TMT News

Desirability of proceeding against all defendants in the same jurisdiction takes libel claim over section 9 jurisdiction hurdle (Soriano v Forensic News)

The following Dispute Resolution news provides comprehensive and up to date legal information on Desirability of proceeding against all defendants in the same jurisdiction takes libel claim over section 9 jurisdiction hurdle (Soriano v Forensic News)

Public performance and communication to the public—request for extended disclosure (Performing Right Society v Qatar Airways)

The following IP news provides comprehensive and up to date legal information on Public performance and communication to the public—request for extended disclosure (Performing Right Society v Qatar Airways)

EDPB’s opinion on the draft adequacy decision for the UK under the EU GDPR

The following Commercial news provides comprehensive and up to date legal information on EDPB’s opinion on the draft adequacy decision for the UK under the EU GDPR

The iniquity defence in claims for misuse of private information (Brake v Guy)

The following Commercial news provides comprehensive and up to date legal information on The iniquity defence in claims for misuse of private information (Brake v Guy)

Featured TMT content

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...

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...

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can...

Practice notes

The commercialisation of sport

Sport has become a big business. It is now widely recognised not only as a pastime or recreation but as an industry in its own right. However, as a...

Produced in partnership with Craig Giles of Bird & Bird 12th Jan

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

Precedents

Modern slavery: contract clauses

1DefinitionsModern Slavery Policy•means the Customer's anti-slavery and human trafficking policy as set out in Schedule [insert] as updated by the...

9th Nov

In-house

Practice notes

Information society services and e-commerce

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...

Produced in partnership with Tim Wright of Fladgate 12th Jan

In-house

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

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 12th Jan

Practice notes

Autonomous vehicles—key legal issues

This Practice Note considers the following issues in relation to the development and use of autonomous and connected vehicles (also referred to as...

Produced in partnership with Lucy McCormick of Henderson Chambers 12th Jan

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

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

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

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...

9th Nov

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

Practice notes

Preparing a UDRP complaint—before you start

This Practice Note covers the considerations to be taken into account before drafting a Uniform Domain Name Dispute Resolution Policy (UDRP) complaint...

Produced in partnership with Emily Taylor of Oxford Information Labs 12th Jan

Practice notes

Private right of redress for consumers

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

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 TMT clauses content

Precedents

Software warranties clause—pro-customer

1Definitions1.1In this Agreement:Authorised Third Party•means any third party (including agents and contractors) engaged to provide services to the...

16th 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...

12th Apr

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...

12th Apr

Precedents

Software warranties clause—pro-supplier

1Definitions1.1In this Agreement:Licence Fees•means the fees set out in [insert relevant schedule or clause][ together with any other amounts payable...

15th Mar

Precedents

Payment clause—commercial contracts

1PaymentBusiness Day•means a day [other than a Saturday, Sunday or public holiday ]in England;Charges•means the charges payable by Party B under this...

11th Mar

In-house

Precedents

Conditions precedent clause—commercial contracts

DefinitionsCondition Fulfilment Date•means the date by which, unless otherwise waived pursuant to clause 1.6, the Conditions shall be satisfied being...

10th Mar

Precedents

Price variation clauses

1Price variation (events prior to delivery of goods or products)Confirmed Price Date•means [insert number] days before [delivery of the [Products OR...

8th Mar

Precedents

Non-solicitation clause—commercial contracts

Relevant Period•means the term of the agreementRestricted Period•means the term of the agreement [and a period of [insert period, eg six months] after...

3rd Mar

In-house

Precedents

Personnel clause

1Definitions[Customer’s Representatives•means the individual (or individuals) identified as such in [insert schedule];]Key Personnel•means the...

25th Feb

Precedents

Service level agreement

1Definitions1.1In this Schedule:Business Day•means any day which is not a Saturday, Sunday or a public or bank holiday in England;Change Control...

22nd Feb

In-house

Precedents

Termination clause

1Termination1.1This Agreement may be terminated by either party giving a minimum of [enter number] months’ notice in writing to the other party, such...

22nd Feb

In-house

Precedents

Determination by expert or arbitrator

1Disputes1.1In the event of any dispute arising out of or in relation to this agreement such dispute shall be referred by either party, first, to...

22nd Feb

Precedents

Health and safety clause

1Health and safety[Customer Policies•means the policies of the Customer, current copies of which are set out in [insert schedule reference], and as...

22nd Feb

Precedents

Hardship clause

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

16th Feb

Brexit

Precedents

Anti-tax evasion facilitation clause—pro-customer

1Anti-tax evasion facilitation1.1For the purposes of this clause 1:1.1.1the expressions ‘Associated With’, ‘Prevention Procedures’, ‘UK Tax Evasion...

14th Feb

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?

BackgroundThe General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 will replace Directive 95/46/EC (Data Protection Directive) and all...

13th Feb

Precedents

Data management and data governance clauses for commercial contracts

DefinitionsCustomer Data•means all information, data and content which is either:(a)provided by the Customer[ or by an End User] to the Supplier when...

8th Feb

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?

DataData can be defined as ‘facts and statistics collected together for reference or analysis’. There is no basic property right in a piece of data,...

24th Dec

Precedents