Posted in Contract Law

Client Update – business-to-business contract terms

‘Straya: some clauses have been declared unfair in a B2B environment with a small company (20 employees or less + upfront payment inferior than $300.000). is it the sign of times of Common Law’s liability model moving towards the one for Civil Law?

  • automatic renewal of the contract, often for a lengthy term, with a very narrow opt-out window;
  • unilateral price variation rights;
  • eliminating liability where performance is “prevented or hindered in any way”;
  • entitlement to charge for services that can’t be performed;
  • the grant of exclusive entitlement;
  • suspension of services while keeping on charging the customer;
  • the creation of an unlimited indemnity in favour of the counterparty; and
  • payments to be made prior to termination of the contract.

 

In a few words, the check your provisions should undergo are:

  • is there a significant unbalance being generated between the parties?
  • is it unreasonably necessary to protect one party?
  • is an unjustified and signiifcat burden being shifted upon the small business?

 

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Posted in Privacy

UK: UK GOVERNMENT PUBLISHES DRAFT DATA PROTECTION BILL

UK: A new draft Bill allows for exceptions tothe upcoming EU GDPR law:

  • by journalists, whether necessary for freedom of expression,
  • by museums and universities whether necessary for scientific and historical research purposes,
  • by national anti-doping organisations to tackle drug cheating,
  • by financial services bodies suspecting terrorist financing or money laundering
  • regarding criminal conviction data, by employers where this is necessary to fulfil its obligations under employment law,
  • regarding child protection
  • if in order to prevent and detect fraud

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Posted in Management

Be Kind to Yourself When You’re Feeling Stressed Out

Another golden management tip of the day from Harvard Business Review. Whenever you are approaching burn-out at your job:

  • do not beat yourself up –> it worsen the situation on the 100% of the cases,
  • develop some empathy for yourself: do not rush any further if you are not sure you’ve listened to your inner self,
  • pause and rewind plus re-consider: are you settings too-high goals or expectations?

In a few words, acknowledge your issue, treat yourself fairly in order to bolster your resiliency.

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Posted in HealthCare Law, Privacy

Taking advantage of patient data

Golden article for the Healthcare people. Processing individual(s)’ health data will soon be subject to stricter requirements after enactment of the EU GDPR.
Consent must be given clearly, freely, explicitly, informed and must agree on all purposes. An additional one must be approved by the individual and this cannot be covered in advance.

Exceptions are:
– that of scientific reserch (given the impossibility to foresee all posisble studies),
– that of anonymised data (but the threshold is really high in EU: it must be absolutely impossible using the top-notch technology and a professional company’s resources), and
– to prevent public outcries.

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