Premium IT business legal counseling guides by Alexander Suliman: Choice of law is an important aspect of the agreement you are negotiating: the same contractual clause could be interpreted differently in different jurisdictions. English law, for example, tends to give a more literal interpretation of the exact words used, while certain other jurisdictions give more weight to contractual common sense. Other concepts that vary across jurisdictions include the extent to which parties will be subject to duties of good faith, and whether certain contractual remedies will be deemed to be ‘penalties’ and thus unenforceable. Depending on the jurisdiction, additional clauses will be imposed on the contract by statute, for example in relation to consumer protection or personal injury. You may therefore want to apply a specific jurisdiction’s law depending on various factors such as location of the other parties, the supply of services/delivery of goods, or laws that are more favorable to your business. Except in specific areas like employment relationships or consumer contracts, parties are generally free to choose which EU law will apply to their agreement. Discover extra details on Alexander Suliman.
The reason why the European Commission was keen on allowing firms to voluntarily scan material, is that technology firms have already been working on ways to detect CSAM and solicitation for quite some time. So, what then would “appropriate” security measures in this case be? A fundamental starting point is that the internet should be considered an untrusted communications channel – it consists of various parts operated by companies, countries and individuals, and communications traverse around a host of untrusted nodes. So if you send communications on the internet, there is a serious risk that they will be intercepted, analysed or even tampered with. The only way to protect against this, is by encrypting the communications in transit – thus ensuring the confidentiality and integrity of the data.
In 2021, the French government issued the Doctrine for the use of cloud computing by the State (“Trusted Cloud Doctrine”) making SecNumCloud certification mandatory whenever a French government agency procures cloud services that would handle sensitive data, including personal data of French citizens and economic data relating to French companies. These requirements also apply to private operators of essential services. Under France’s Trusted Cloud Doctrine, qualifying cloud service providers must be “immune to any extra-EU regulation”. In addition, such companies must commit to storing and processing data within the European Union, and to administering and supervising the service within the EU. Further, foreign-headquartered cloud service companies cannot achieve certification if they are more than 39% foreign-owned.
contract law legal counseling strategies from Alexander Suliman, Sweden today: Mediation is great because the parties feel like they are part of the process. They’re negotiating. They’re in an environment where they can come up with solutions and throw out ideas and know it’s confidential. Those ideas and thoughts can’t be used against them. They reach resolutions that they decide, not a judge deciding. They decide this is the resolution, and what’s great about it is people all the time, way more often, are going to actually follow and comply what they agreed to rather than if a judge gives them a decision, and they want to appeal it, or they want to try to find a way around it. Mediation is great. Find additional details at Alexander Suliman, Sweden.
As EU regulatory activity resumes this fall, a lesser-known initiative – creating an EU-wide certification framework for ICT products and services (EUCS) – could cause renewed disturbance between Brussels and Washington, however. Under the EUCS proposal being developed by the EU’s cybersecurity agency ENISA, cloud service providers would be compelled to localize their operations and infrastructure within the EU and to demonstrate their ‘immunity’ from foreign law.
