Written by Jeff Aronson Imagine that you’re counsel for a software company. You draft a software license agreement’s limitation-of-liability clause to limit the liability of each party under the agreement to $5,000, notwithstanding anything to the contrary. What do you expect would be the result if the customer refuses to pay for the $20,000 in … Continue Reading
Written by Annabel Ashby Cloud computing is no longer new (and indeed can be seen as itself being rebadged from earlier forms of remote hosted/ASP style offerings). However, what is apparent is the continuing growth in size and sophistication of cloud deals, both in the private and public cloud space. With this comes an increased … Continue Reading
Written by Roxanne Chow No one wants to start a new supplier relationship by discussing what happens if a service contract terminates. Everyone’s busy getting the service off the ground, and no one wants to upset goodwill by talking about breaking up. However, lawyers specialize in “what ifs”, so this comment will look at how … Continue Reading
Written by Michelle Anderson The Department of Commerce International Trade Administration and Swiss Federal Council announced on January 11, 2017, the creation of a Swiss-US Privacy Shield framework that will “apply the same conditions as the European Union” under the EU-US Privacy Shield framework. This is welcome news for companies that transfer personal data from … Continue Reading
Written by Rena Mears, Ryan Sulkin, Eric Roth and Jim Halpert Controllers need to negotiate contract terms with third-party controllers and processors that are consistent with the controller’s obligations under the Shield. By Rena Mears, Ryan Sulkin, Eric Roth and Jim Halpert. The Privacy Shield’s heightened infrastructure, regulatory, and documentation requirements present participating companies with … Continue Reading
Written by Dylan Kennet and Louis Lehot Valuations of double digit multiples are often no surprise when it comes to technology companies, whether in Silicon Valley or here in the UK. Commonly known as “unicorns,” they are often defined as private companies valued at over $1bn. There are currently 169 unicorns globally with a cumulative … Continue Reading
One quick thought on Brexit amongst many written today. It concerns the significant impact it will likely have on the price of international voice calls. All through the EU the price that mobile network operators (MNOs) can charge one another for terminating calls made to their own customers (called the “mobile termination rate” or MTR) … Continue Reading
By Rob Shaw, Senior Associate and Ben Rogers, Legal Director – DLA Piper Proposals for reform of the Code have gathered pace recently; on Tuesday the Department of Culture, Media and Sport released the Government’s proposals to reform the Code and yesterday it was announced that the new Code will be part of the Digital … Continue Reading
Written by Carol Umhoefer (Carol.Umhoefer@dlapiper.com) and Caroline Chancé (Caroline.Chance@dlapiper.com). This article first appeared in E-Commerce Law and Policy – volume 18 issue 03 (March 2016). On December 16, 2015, the Article 29 Data Protection Working Party (“WP29″) updated their Opinion 8/2010[1] on applicable law in light of the landmark decision Costeja v. Google[2] rendered by … Continue Reading
To mark International Data Protection Day 2016, we share with you some exciting new projects we have been working on to help you and your business prepare for coming developments in data protection, privacy and security law. DATA PRIVACY SCOREBOX: OUR NEW TOOL This is our brand new tool to help you assess your data … Continue Reading
By Florence Guthfreund-Roland and Mathilde Hallé On October 27th, 2015, the European Parliament adopted Regulation No. (EU) 2015/2120 “laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within … Continue Reading
Following an emergency meeting this morning, Oct. 7, the CNIL has published a statement summarizing the ECJ’s Oct. 6 decision in the Schrem case invalidating EU-US Safe Harbor, and reiterating the fact that the CNIL is discussing with the G29 data protection authorities a position that should be shared by all the Member States. The … Continue Reading
Thank you all for attending our webinar on the “Internet of Things Legal and Business Framework”. For those who could not attend, the main conclusions are summarized below:… Continue Reading
By Florence Guthfreund-Roland & Mathilde Hallé The Legislative Resolution of the European Parliament dated April 3rd, 2014 relating to the telecom sector, following the European Commission’s proposed “Connected Continent Legislative Package” dated 2013, includes a wide range of new requirements aimed at greater consumer protection. In accordance with the “Europe 2020” digital strategy promoted by … Continue Reading
By Patrick Van Eecke & Mathieu Le Boudec Last week, a resolution on big data was adopted under the auspices of the 36th International Conference of Data Protection and Privacy Commissioners (hereafter: “ICDPPC”). After earlier guiding documents released this year by, among others, the Executive Office of the President of the United States, the Information … Continue Reading
DLA Piper has played a key role in the launch of guidelines issued by the European Commission intended to help businesses save money and get the most out of cloud computing services. The guidelines aim to ensure contracts between professional cloud users and cloud providers are written plainly, boosting confidence in the digital market. The … Continue Reading
Written by Richard van Schaik and Róbin de Wit Dutch newspapers report that Dutch websites massively violate privacy laws by passing on information about surf and click behavior of visitors to advertising companies, without permission of the visitors involved. Such information is collected through so-called tracking cookies. Under Dutch cookie law, website operators need to … Continue Reading
Our global Advertising Group is pleased to present the 2014 edition of our Prize Promotions Across the World Handbook, covering 20 jurisdictions. The Handbook intriduces some of the key requirements surrounding prize promotions, from the management of the early stages, to issues which are potentially problematic. To access the Handbook, please click here. For more … Continue Reading
Written by: Aravind Swaminathan, Michelle Anderson and Jim Halpert In a speech that garnered worldwide attention, President Barack Obama has announced important reforms in the ways the United States government will gather, store, use and retain signals-related information. These changes will soon affect many companies, both in the US and globally. In a DLA Piper Client … Continue Reading
The Australian Prudential Regulation Authority (‘APRA’) recently issued its new prudential practice guide, ‘Managing Data Risk’. In a world where data plays a key role in the structure of life as we know it, understanding and effectively managing the risks associated with data and our reliance on it are crucial to all business. This article … Continue Reading
I was asked today by a contact to come up with a short list of “issues to consider” when looking at a contract for wholesale access to a mobile operator’s network by an MVNO (mobile virtual network operator). DLA Piper has a great deal of experience in MVNO contracts – having worked very recently on … Continue Reading
There is a noticeable trend for the list of “indemnified” losses in IT and outsourcing contracts to be getting longer and longer. Our commercial/business colleagues and clients can see the lawyers get very hot under the collar in arguing about them, and yet it can be difficult to articulate quite why this is an issue, … Continue Reading
The European Commission’s claim that this weeks proposed new telecoms regulation constitutes “the most ambitious plan in 26 years of telecoms market reform” is preposterous. That honour must belong to the set of new directives in 2002 which transformed the structure of telecoms regulation and facilitated competition throughout Europe. Instead the plans make great play … Continue Reading
Written by Sydney White The FTC sent “educational” letters to more than 90 online companies including providers of mobile applications in order to warn each company that it may be subject to the revised Child Online Privacy Protection Act (COPPA) Rule because it is collecting personal information from children under the age of 13. The … Continue Reading
