A party seeking to restrict another's commercial activities must consider whether such terms are normal in similar, factual and contractual circumstances.
Computers in the form of mobiles, laptops, tablets and other mobile devices mixed with the internet, the "cloud" and social media are integral to our individual modern lives. They are equally indispensable to our businesses and government in their various forms. The value of data (business and personal) is becoming increasingly recognised and with it the requirement to retain appropriate control of it, use it effectively and protect it.
We have been advising on the law and practice relating to this world of Information and Communications Technology (ICT) for over 15 years. We work on a cross-departmental team to get the right balance of ICT expertise and the knowledge and understanding we have of the commercial and legal environment in which our clients operate.
We recognise that, whilst investment in ICT services and goods can vary from thousands of pounds to over a million pounds, the value of the overall contract does not always reflect the potential harm to the customer if those services do not work as expected. We therefore seek to tailor our advice, and costs for that advice, to the significance of the service to you, balanced against your budget for it.
Our areas of ICT-related work include:
- master agreements for the design, installation and support of more complex ICT systems software and hardware systems;
- the creation, use and protection of ICT-related intellectual property;
- software and website licensing and development agreements;
- internet trading, including website compliance, marketing compliance, distance selling and online contracting and consumer law and data-protection compliance;
- ICT outsourcing, hosting and “as a service” or subscription-based arrangements;
- the control and regulation of data and information, including data protection, freedom of information, investigatory powers (Regulation of Investigatory Powers Act 2000 regime) and confidentiality;
- the relationship between EU procurement law and ICT projects;
- staff and employment matters; and
- management of consequences of data and other confidentiality breaches and resolution of disputes.
We have been recognised for the work we do
Last week, the NHF published its final version of its new Code of Governance and made some important changes from the previous draft that will impact on those housing associations looking to adopt it.
Delayed since Spring 2020 as the Government tackled the Covid-19 crisis, Tuesday 17 November saw the publication of the Social Housing White Paper, setting out the future regulation of the sector
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
There is no universal approach to regenerating town centres. However, housing must be considered a key part of any regeneration project – providing well-needed new homes and economic growth.
During the Covid-19 pandemic, much of the focus has been on shoring up existing delivery and, where possible, extending arrangements if it is not possible to re-procure.
Covid-19 has resulted, on the whole, in a marked co-operation between contracting authorities and their suppliers as everybody focuses on maintaining delivery as far as possible.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
The Court has confirmed that a party cannot withhold its consent in order to re-write the original bargain.
The regulations came into effect on 14 January 2019 and create new tools to help brand owners enforce their rights.
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