Sentences with phrase «contractual clauses»

Smart contracts achieve this by by taking in information as input, assigning value to that input through the rules set out in the contract, and executing the actions required by those contractual clauses.

By relying on a number of contractual clauses (which some deny the validity of), many Mt Gox victims fear that Vessenes aims to personally rip their investments away so as to further line his own pockets with digital gold.

The Irish DPC considered two key issues: does the US provide adequate legal protection to EU users whose data is transferred, and, if not, could standard contractual clauses (SCCs) used by Facebook Ireland and Facebook, Inc. to regulate the transfer of that data raise the level of protection and still render transfer permissible?

After that case was remanded to the Irish data protection authority, the Commissioner filed a second suit («Schrems II») in the Irish High Court to determine whether the «standard contractual clauses» used by Facebook to authorize the transfer of personal data to the U.S. post-Safe Harbor provide adequate protection for E.U. citizens.

Jourova said that an extant challenge against so - called standard contractual clauses (SCCs)-- which are used by the likes of Facebook (and many other companies) to transfer personal data between their EU and US businesses, and which earlier this month the Irish High said it would refer to Europe's top court for a preliminary ruling — is relevant to Privacy Shield because it could also have implications for the latter's future viability (i.e. if the ECJ decides SCCs do not in fact offer adequate protection for citizens» data).

The expert may not be provided with any details regarding the dispute, but instead is engaged to provide answers to questions that would inform the parties of how to interpret contractual clauses.

It held that Art 3 (1) of the First Directive precludes an insurer from being able to rely on statutory provisions or contractual clauses to refuse to compensate third - party victims of an accident caused by the insured vehicle [para 20].

Some companies are using the EU's so - called «Standard Contractual Clauses» (also known as model clauses) in their legal language in an effort to safely continue data transfer out of the EU.

Prior to this decision, obligations of good faith arose in a piecemeal fashion and only to certain types of contracts (for example employment and insurance contracts), or certain types of contractual clauses (for example, performance of a condition precedent and the exercise of a discretionary power under the contract).

Consequently, in light of the foregoing, and in order to avoid any risk, employers in Québec and Ontario should consider including specific contractual clauses in the contract of employment providing for the possibility of a temporary layoff.

The author even pointed out that some attorneys, particularly those with a history of getting canned, try to add contractual clauses that discourage switching lawyers.

I would also like to see changes made that disallow lawyers from using contractual clauses in settlements that protect their wrongdoings from being found out.

Critical representations, warranties, indemnities and other key contractual clauses, including service levels, are sacrificed in the name of «business efficiency.»

(PIPEDA) and where provincial law is not to an equivalent standard, contractual clauses will be required to provide adequate safeguards in respect to the protection of the individual's privacy.

Advising ship builder in relation to numerous contractual disputes with the buyer relating to interpretation and application of contractual clauses and issues relating to alleged breaches of duties of confidentiality.

Here, although there are some minor differences between transposition in various countries, the overall legal framework remains similar; transfer to the United States is possible without consent once an «adequate» level of protection is guaranteed whether that be by resorting to Standard Contractual Clauses, falling with the scope of a Safe Harbor agreement or by respecting Binding Corporate Rules.

Fundamentally this backlash is about the unregulated issuance of securities, not the placing of self - executing contractual clauses on a blockchain.

The court rehearsed a consistent line of earlier rulings including Churchill v Wilkinson and Evans Case C - 442 / 10, [2013] 1 W L R1776 and confirmed that member states have no discretion to permit motor insurers to rely on statutory provisions or contractual clauses to enable them to avoid their liability to meet third party claims, save where expressly permitted by the Motor Insurance Directives.

This solution gathers data on site in order to guarantee the efficient enforcement of contractual clauses through smart contracts.

(c) have incorporated the Standard Contractual Clauses as specified by the EU (either Set I or Set II, but you can't modify or combine these) into their contracts to ensure they can be held legally liable and accountable for the protection of personal data and any breaches when / if applicable:

Each puppy or adult dog that you sell, or buy, should come with well - written and relevant contractual clauses that both parties understand and agree to.

The inclusion of contractual clauses that can tie an author to a house forever and never let them write for anyone else smacks of the old studio policies in film in the 30's and 40's.

All this week I've been examining the top ten funniest self - publishing contractual clauses from competitors and dissecting what the legalese means and why it's «funny.»

For three weeks I have been examining the top ten funniest self - publishing contractual clauses from competitors and dissecting what the legalese means and why each clause is «funny.»

Since the data protection laws outside the EU are in general less strict than in the EU, Apollo and Lionentry have signed standard contractual clauses adopted by the European Commission for the transfer of personal data to contracting processors in third countries, in order to ensure the protection of personal data at EU standards.

Since the data protection laws outside the EU are generally less severe than in the EU, Apollo Solutions transfers personal data to processors approved by the EU Commission who have standard contractual clauses and are obliged to take all necessary measures to protect personal data according to EU standards.

These contractual clauses provide adequate safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals and as regards the exercise of the corresponding rights.

If standard contractual clauses and Privacy Shield are struck down, most U.S. firms will no longer legally be able to import Europeans» personal data.

The Irish High Court's referral to the ECJ only specifically asks the European court to clarify whether standard contractual clauses are valid or not, given the existence of U.S. mass surveillance programs such as PRISM, but the ECJ may also choose to decide on the validity of Privacy Shield.

This maybe for commercial or a contractual clause but they are reluctant to provide any form of statement regarding referees performances, I have suggested before that it could be possible to raise attention of the issue by hoisting a banner / s at our Matches they don't have to be expensive An A4 size printed out to read, (AFC FANS DEMAND FAIR PLAY FROM THE REF) of course people will have their own take on what to say but if it's not officially authorized by the club then there is no come back.

Dealing with potential issues like this one is easy: Just add a contractual clause stating that regardless of what is stated in the consulting agreement, the company's IP rights are subject to the university's rights to IP as your employer.

In California, section 1717 will render the clause reciprocal in operation such that nonsignatory plaintiffs face exposure if they would have been entitled to a fee award under the contractual clause.

In Howard the Ontario Court of Appeal awarded an employee whose employment was terminated 23 months into a five - year term damages reflecting the balance of the term on the basis that the contractual clause providing for early termination was unenforceable due to ambiguity.

The High Court applied the principles established in Dunlop Tyre in deciding whether the contractual clause entitling the defendant to draw upon and retain the bank guarantee in the face of the plaintiff's default constituted a penalty clause.

It also holds that a contractual clause limiting liability is unenforceable even where the breaching party did not commit a criminal act or egregious fraud....

The defendant challenged the claim on a number of grounds, including the existence of a contractual clause limiting the total liability of the defendant to # 14K.

The question in Quesnel v. Groupe Jean Coutu was whether a contractual clause providing for a pharmacist - owner in the Jean Coutu chain of drugstores to pay a franchise fee on revenues from the sale of medicines contravened public policy and s. 49 of the Code of Ethics of pharmacists in Quebec.

In Case C - 144 / 04 Mangold v Helm [2005] ECR I - 9981, the CJEU found that the general EU law principle of non-discrimination could be invoked by an employee against their employer, such that national legislation creative of a discriminatory contractual clause was disapplied.

A court will consider the nature of the employment relationship, the specific language used in the employment contract and the significance of the unilateral change before deciding whether to enforce the contractual clause.

The Regulations provide that a zero hour contract employee is protected against detriment and unfair dismissal in the event that they breach a contractual clause prohibiting them from working for another employer.

Fourth — why leave such an important contractual clause to chance?

The high court ruled that the Law Against Discrimination's two - year limitations period for bringing a discrimination case against an employer was a «public - purpose imperative» and that any contractual clause that shortened this time period was automatically unenforceable because it was contrary to public policy.

Consequently, it appears that it is now possible in Québec to temporarily suspend both the employee's work and the payment of his salary for economic and administrative reasons even if there is no contractual clause providing for the possibility of a temporary layoff in the contract of employment.

In the absence of a contractual clause confirming employees will only be paid for work done or allowing an employer to make deductions from an employee's pay, an employee could issue proceedings against their employer for unlawful deduction from wages if pay is withheld.

Each of the five employment contracts contained a contractual clause that intended to replace the Employee's right to common law notice upon termination, with the statutory minimums, under Ontario's employment standards legislation, the Employment Standards Act, 2000, S.O. 2000, c. 41 (the «ESA»).

Parties bound by a similar contractual clause to that highlighted by Artpower should ensure that either the contract provides explicitly for automatic termination at the expiry of the remedy period, or that they take a positive step at the end of the period to inform the breaching party that the contract has been terminated — failing which they may still be obligated under it.

In short, there are no laws prohibiting or rendering such contract clauses unenforceable, but an employer can not rely on such a contractual clause to abrogate its obligations under the Equality Act 2010.

Our monthly legal eDiscovery news round - up features ongoing legal fallout from the Cambridge Analytica revelations, the imminent impact of the GDPR, recent cases of note, XDD's April articles on social media authentication and standard contractual clause cases, and a new XDD webinar on proportionality.

A: During the first 2 years of every life insurance policy there is a contractual clause known as the contestability period.

During the first 2 years of every life insurance policy there is a contractual clause known as the «contestability period».