In today’s rapidly evolving business landscape, outsourcing has become a pivotal strategy for companies aiming to boost efficiency and trim expenses. However, navigating the legal complexities of outsourcing agreements requires careful consideration from both customers and service providers. Here are some of the intricacies and key legal issues to be addressed for an effective outsourcing relationship.
Jana King Allen
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.
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…
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?
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.
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.
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.
