Business parties typically have the freedom to decide the terms and conditions when writing international commercial contracts. The problem is that disputes arise more often than not, which can lead to litigation, arbitration or other forms of dispute resolution involving such agreements.
In this article we’ll focus on what company information is available to the public regarding companies registered in California.
In California, you can search for information on a business entity through the website maintained by California’s Secretary of State.
When entering supply agreements, buyers and sellers have competing interests around the volume of goods to be purchased or supplied. A buyer wants maximum flexibility on the volume of goods it will order, while seeking favorable pricing and security that the seller can provide the volumes the buyer needs. A seller, on the other hand, wants the buyer to commit on the volumes it will purchase, so the supplier can plan its production, ensure predictable sales, and align pricing with volumes.
The United States does not have a national registry of companies. Companies are registered in each individual state. To find information on a company, you must search the appropriate databases…
Any company doing business in California (regardless of where it is located) that meets certain thresholds with respect to its gross revenue or revenue from personal information it sells or the amounts of personal information that it buys/receives/sells or shares for commercial purposes must comply with the CCPA.
The CCPA and GDPR both aim to increase consumers’/data subject’s knowledge about the use of their personal information and their rights with respect to that personal data.
Consumers/ data subjects have certain rights regarding their personal data/information under both the GDPR and the CCPA.
The increasing role of technology, data, and sharing of personal information has heightened consumers’ risk of the unauthorized use or disclosure of their personal information. Governments have passed legislation to protect consumers from these risks. In the European Union, the General Data Protection Regulation (GDPR) protects data subjects. In California, the California Consumer Privacy Act (CCPA) provides protection for consumers.
If you are operating a business in the European Economic Area (EEA) or if your business is outside the EEA but offers goods or services to customers in the EEA, you are no doubt aware of the General Data Protection Regulation (GDPR).
Email marketing campaigns need to be addressed to recipients who have previously given their express consent to receive promotional messages from you.
Under common law, there are 2 additional doctrines that can stop performance under a contract and can be used to terminate the contract: the doctrine of “frustration” and the doctrine of “impracticability”.
In the US there is no standard criteria to prove force majeure. Instead, courts will look to a contract’s language to determine if a party can rely on the force majeure clause to suspend performance. In light of this, here is a list of key provisions to consider when addressing force majeure in a contract.
Although force majeure events are generally understood to mean an act, event or circumstance beyond the responsible control of party, under common law, there is no recognized definition of …
Force majeure events are acts, circumstances or events beyond the reasonable control of the party concerned as defined in your contract. A force majeure clause in your contract may allow you to suspend or stop service without being in breach.
On May 25 the General Data Protection Regulation comes into effect. The GDPR, as it’s known, aims to protect the fundamental privacy rights of data subjects in a world increasingly driven by data.