While the EU Directive on Unfair Terms in Consumer Contracts prohibits certain clauses in standard (i.e., unilaterally imposed) contracts between businesses and consumers, some recently enacted EU laws restrict the use of certain clauses in standard contracts between businesses (“B2B”). The Data Act is the latest example of such a law, as it prohibits certain “unfair contractual terms” (“Unfair Clauses”) in standard contracts between businesses relating to the access and use of data. As such, it has a potentially very wide scope. Businesses entering into such a contract should therefore ensure that they do not include any clause that could be considered “unfair” because such a clause would not be binding on the other party to the contract. This blog post focuses specifically on the Data Act’s provision on Unfair Clauses. For more information on the Data Act, see our previous blog post.Continue Reading EU Data Act Regulates Business-to-Business Contracts Relating to Access and Use of Data
Joshua Gray
Joshua Gray is a technology and data-focused lawyer with a distinctly international practice combining commercial and regulatory expertise. Joshua excels in assisting clients for deals with no precedent where technology and data are at the heart of the project.
Joshua’s practice includes structuring and negotiating bespoke technology projects, privacy and GDPR, innovative collaborations involving the use of new (and often data-driven) technologies, and other business critical commercial transactions. Joshua provides “product counselling” to clients looking to launch new digital products and services and he routinely supports multi-jurisdictional projects covering areas such as e-commerce, consumer law, media licensing and telecoms.
Joshua otherwise advises on the full spectrum of technology transactions, including IT services agreements, outsourcing, software development and licensing, cloud computing and infrastructure, M&A and joint ventures.
Joshua has deep industry knowledge and experience in the technology, life sciences, digital health, media, telecoms and travel sectors. This experience has been bolstered through client secondments to Illumina Inc, Barclays Bank and du, a leading telecoms operator in the UAE.
Strategic Technology Transactions in Europe – Considerations for U.S. and Global Companies
Over the last year we have seen increasing interest from our global client base in investing in strategic, transformational technology transactions with European counterparties. These transactions often facilitate access to key technologies, geographies and, of course, data. In this note we set out 6 key points to keep in mind when planning, negotiating and executing these types of transactions across Europe.
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AI Update: NHSX Publishes “Buyer’s Checklist” for AI Solutions
NHSX recently published “A Buyer’s Checklist for AI in Health and Care” (Guidance) that sets out 10 key questions which will be of use to parties deploying AI solutions or conducting data driven projects (in a health and care setting or otherwise). For example, the Guidance highlights:
- key data-related considerations, such
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IoT Update: Scotland and Australia’s Gold Coast announce IoT network initiatives
As a sign of increasing localised investment in IoT networks, in recent days both the Scottish Government and Australia’s City of the Gold Coast have announced IoT networks using low power technology solutions. The Scottish Government’s plan is part of a wider initiative to promote IoT services across the Scottish economy whereas the Gold Coast City Council’s approached is more focused on the immediate delivery of public services. The contrasting approaches highlight the wide potential for IoT deployments whether as major platforms of technology and telecommunications projects or as localised responses to improving defined problems. As both projects show, the successful delivery of an IoT network project requires an end-to-end view of potential legal issues that may arise, e.g., vendor/RFP management, network rollout agreements, spectrum licensing, security, interoperability and privacy.
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