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.
The Court of Justice of the EU has struck down the EU Commission’s EU-U.S. Privacy Shield Framework decision, but in principle left in place the EU Commission’s Standard Contractual Clauses, which organisations can sign in order to impose EU-style data protection obligations on non-EU data importers. For now, where we used to rely the Privacy Shield framework, the pragmatic approach may be to sign SCCs – but the story won’t end there.
The EU-U.S. Privacy Shield framework may be an interesting tool to permit international transfers of personal data without any other permissions or contracts.
UPDATE: The Privacy Shield framework remains in place and we can still apply to be certified, but on 16 July 2020, the EU Court of Justice decided that it could no longer be used to authorise transfers of personal data from the EU/EEA/UK to the USA, and other mechanisms need to be used.
A wise man once said: “The real purpose of a force majeure clause is to make into events of force majeure things that normally wouldn’t be”
Yes, Eden Legal can guarantee that your notice under the old laws won’t give all the information required by GDPR. And if we are collecting data from or about children, all the more so. What if we only receive data from another party? Yes again.
No! But still time for some smart thinking…
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