Commercial Contracts

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27 Nov: Making Sense of the Digital Services Act (DSA): Why and When Your Online Business Needs a Legal Representative

The European Union’s Digital Services Act (DSA) has ushered in a set of regulations to govern online services. For businesses operating beyond the EU but catering to its customers, a new rule mandates the appointment of a “legal representative”. In simple terms, this article breaks down why this requirement matters and how it helps your business follow the DSA.

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24 Nov: Black Friday and Online Deals Do’s and Don’ts for Online Business under EU law

As Black Friday, Cyber Monday, and Christmas deals approach, online businesses operating in the European Union (EU) need to be mindful of the regulations governing promotions and sales. Reports of shopping scams and strict penalties for misleading practices emphasize the need for online retailers to align their promotional strategies with both legal and consumer expectations.

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13 Nov: Key Legal Issues in Software Escrow Agreements: A Guide for Licensors and Licensees

Software escrow is a mechanism through which a software’s source code is deposited with a neutral third-party escrow agent. This is commonly used in licensing arrangements where the licensee wants to ensure they can maintain and operate the software if the licensor becomes unable or unwilling to provide ongoing support or maintenance. The escrow agreement sets out the conditions under which the source code will be released to the licensee.

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07 Aug: Navigating the EU’s Digital Services Act (DSA): A Guide for Swiss Companies

The way businesses work and connect with customers has changed a lot in the digital age. To adapt to this changing landscape, the European Union (EU) has introduced the Digital Services Act (DSA), a ground-breaking regulatory framework designed to govern digital platforms and services and established a new set of rules to regulate these service providers.

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31 Jul: UK’s Digital Markets, Competition, and Consumers Bill: What Online Businesses Need to Know

As the digital landscape continues to evolve, the UK government is taking action to regulate digital markets and change its competition and consumer protection regimes. One example is the proposed Digital Markets, Competition and Consumers Bill (DMCC), which aims to significantly improve consumer protection, enhance the enforcement powers of the UK’s Competition and Market Authority (CMA) and introduce substantial penalties for non-compliance. In this article, we will explore the key objectives of the DMCC and its implications for online businesses.

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24 Jul: Essential Guidelines for Businesses: Complying with UK Law for B2C Gift Cards

Gift cards have become a popular option for offering gifts and rewards in the Business-to-Consumers (B2C) domain. As a business operating in the UK, it is crucial to understand the legal rules surrounding gift cards to protect both your customers and your business. In this article, we will outline the key legal rules that gift card providers should be aware of and explain how you can comply with them.

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10 Jul: Embracing Transparency: What Other Platforms Can Learn from WhatsApp’s Policy Change Commitments

Social media giant WhatsApp has made a significant commitment to improving transparency and user rights concerning changes to its terms of service. In response to a joint action led by the European Consumer Organisation (BEUC), Competition and Consumer Protection Commission (CCPC), the Swedish Consumer Agency, and the European Commission (EC), WhatsApp has agreed to implement measures that ensure users are well-informed about the impact of updates to its terms of service. In this article, we will describe WhatsApp’s commitments and the implications for users, as well as highlight how other online companies can learn from these developments.

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19 Jun: Enhancing Clarity in Online Transactions: Major Credit Card Companies Introduce Transparency Measures for Online Subscriptions

Recent findings from the CPC Network have brought to light worrisome practices regarding recurring subscription payments in the European Union (EU). These practices have led many customers to unwittingly sign up for unwanted subscriptions, thanks to deceptive techniques employed by online businesses (for more information, click here). It was discovered that 10% of EU consumers have fallen victim to such unwanted subscriptions in the past. In response, the European Commission, in collaboration with the CPC Network, worked with major card schemes like Mastercard, VISA, and American Express to introduce new rules that promote clarity and informed decision-making for consumers.

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12 Jun: Ranking of search results: Do’s and Don’ts for Online Businesses under EU law

Online platforms have become the go-to destinations for individuals seeking information, products, and services. In this context, search result rankings have become an essential feature, enabling users to easily search for products or compare different options. Think of it as a virtual personal shopper, always at your service, showing results that are (supposedly) tailored to your preferences.

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05 Jun: Navigating the EU ODR Platform: Essential Obligations for Online Businesses

As an online business operating within the European Union (EU), it is crucial to be aware of the legal obligations and mechanisms in place to ensure consumer protection and dispute resolution. The European Online Dispute Resolution (EU-ODR) platform is a vital component of this framework. In this article, we will explore the EU-ODR platform and the key obligations, providing valuable insights for online businesses in the EU.

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22 May: EU Commission publishes the first list of very large platforms to fall under the EU’s Digital Services Act (DSA) stricter regime

The European Commission has confirmed 19 online platforms and search engines identified as ‘very large online platforms’ (VLOPs) and ‘very large online search engines’ (VLOSEs) for the purposes of the EU’s Digital Services Act (DSA). Such companies must comply with the most stringent rules of the DSA.

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05 Mar: Gift card values and validity – what your business should know

If you’ve decided to offer gift cards on your website, you’re not alone. The gift card industry in Europe was valued at $140.1 billion in 2021 and is expected to grow fourfold by 2032, a 12.4% compound annual growth rate. Closed-loop gift cards, which are limited to purchasing good and services at the merchant listed on the card, are a terrific way to gain new business and increase sales. Open-loop gift cards offer…

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16 Feb: Gift Cards Are Like Cash – But Customers Have a Right of Withdrawal

Gift cards are popular with consumers for many reasons. They are easy, last-minute gifts that let the recipient choose something they want. But imagine the following scenario: you order a gift card for your niece at her favourite store. You brag to your sister about it only to find out that the store was last year’s news. She’s moved on to the latest influencer-inspired trend. To be the cool Aunt, you want to return the gift card, so you can buy her one at her new favourite store. As you bought the card online in the EU, you have 14 days to change your mind. So, what do you need to know as a business about the right of withdrawal for gift cards?

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11 Feb: EU’s Digital Services Act (DSA): the upcoming obligation to publish number of active recipients in the EU

The EU’s Digital Services Act (DSA) came into force on 16 November 2022. In our previous article on the topic, we introduced some of the key requirements of this new legislation affecting online service providers in the EU. While most of the DSA’s obligations will only start to apply from 17 February 2024, specific transparency obligations will already come into effect from 2023. In this article, we look at this upcoming DSA deadline and outline what it means for online businesses in the EU.

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29 Nov: The key to outsourcing success: selecting the right partner

Choosing a good partner is crucial to the success of any outsourcing initiative. In some ways, it can be like a marriage. You look for a partner that complements you, that brings something different to the table, but who you can also trust and grow with. Planning and having a clear goal of what you want to achieve through that partnership is an important part of the process.

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08 Nov: Why now is an interesting time to think about outsourcing – and what you need to consider before you do

Today’s world is in flux. Employees have discovered the joys (and pains) of remote work. Location no longer matters for most professions, even retail. Freshii, a Canadian take-out, uses virtual cashiers based overseas to take orders. Virtual conferencing such as Zoom or virtual worlds such as “Decentraland”, enable face-to-face collaboration from anywhere on the planet.

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15 Jun: France’s Implementation of the Omnibus Directive – Three Key Things e-Commerce Businesses Should Know

If you are involved in e-Commerce in the EU, you have probably heard of the Omnibus Directive, which came into force on 7 January 2020. A “New Deal for eConsumers” the Omnibus Directive focuses on protection for e-Commerce consumers that was not covered in the earlier EU package of legislation on consumer protection.

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22 Sep: Supply Agreements: Volume Estimate or Purchase Commitment

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.