Who are our clients?
Eden Legal provides an experienced, modern, prevention-based, solution-focussed service to avoid, progress and solve commercial and regulatory issues affecting digital businesses.
Managing and minimizing risk
Being in business means you take risks. But risks can be managed and even eliminated by good planning and early involvement of your legal advisor. Eden Legal can help with this.
Protecting and growing what you create
For many digital businesses innovations, branding, trade secrets and copyrights are the main assets you have. Eden Legal can help safeguard them.
FAQs re B2B contracts:
- Are contracts between businesses exempt from consumer protection rules on unfair contract terms? Yes, but some clauses are still banned. And others need to be reasonable.
- All clauses? No, just some exemption and limitation of liability clauses.
- Can you summarize these in a handy way? Let’s see…
The standard remedy for breach of contract is damages. Termination may or may not be available but damages can always be claimed. Why then do indemnity clauses seem to be creeping wider in scope? And why do some habitually strike them out on the basis that “we don’t give indemnity”. Are indemnity clauses really so effective? Or so scary?
The final part of the series:
Part 1: Right to be Forgotten; Notification of Security Breaches; Data Protection Impact Assessments
Part 2: Non-EU Controllers & Processors; Data Protection by Design & by Default; Children’s Data
Part 3: International Transfers; Fines & Damages
Part 4: Obtaining Consent; Profiling; Portability; Pseudonymization
Part 5: Obligations for Processors; Data Protection Officers
The EU Commission has made proposals to modernize copyright protection in the Digital Single Market, but for sites republishing news content or hosting user-generated content, these measures look likely to create new obligations and restrictions.
The European Commission has published a proposed European Electronic Communications Code, which among other matters addresses directly the place of “OTT” voice and data communications services, imposing new obligations particularly on those connecting to public phone networks.
A downloadable list developed over the years, that I wish I had had before, and hope someone else might be able to benefit from.
Quick checklist for Intellectual Property legal due diligence: for M&A, funding, restructuring, audit, etc. #lawinagraphic
If we know that content has been published online without the rightsholder’s consent, then linking to it is a breach of copyright. And, if we do this for profit, then we are presumed to know this. This is the dividing line set by new caselaw from the Court of Justice of the EU.
Even if there is no breach of the contract, then the law won’t tie us to it forever. There may be additional grounds that it would be unreasonable for us to continue. Some of them may be more often seen and easier to show than others, but they can be worth considering in cases of doubt. This part 2 follows up part 1 where we considered how to terminate for breach of contract.