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Commerce, Contracts & Finance

Software Escrow – Its Evolution, Use in Legal Frameworks and The Influence of AI

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Mark Ryan and Tom Sweet of SES Secure trace the evolution of software escrow and the impact of AI on its use As many readers will know, software escrow is a risk mitigation tool that safeguards the critical assets, such as software applications, organisations are reliant on. It typically involves a tri-party legal agreement being…

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High Court considers cryptocurrency status in English law and key aspects of cryptocurrency fraud claims

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For the first time following a full trial, the English High Court in D’Aloia v Persons Unknown, Bitkub and others [2024] EWHC 2342 (Ch) has confirmed that cryptocurrency, specifically USD Tether (USDT), can be traced and can constitute property under English law. The court also made observations as to key legal and evidential links needed…

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The return of the great SaaS debate: is it goods or services?

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James Gill and Fiona Vickerstaff of Lewis Silkin summarise a recent case on the legal status of software as a service. Those of us working in the tech space will remember the relatively recent case of The Software Incubator Ltd v Computer Associates UK Ltd in which the CJEU decided that a perpetual licence to use software constituted…

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European Commission publishes results of Digital Fairness Fitness Check

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The European Commission has published the findings of the Digital Fairness Fitness Check, which assessed if current EU consumer protection laws are fit for purpose to ensure a high level of protection in the digital environment. The Fitness Check covered three core Directives: the Unfair Commercial Practices Directive, the Consumer Rights Directive, and the Unfair…

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The Procurement Act 2023 and its implications for tech procurement

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The long-awaited Procurement Act is scheduled to come into force in February next year promising a more flexible regime. Professor Albert Sanchez-Graells picks out some of the challenges it will pose for those working in public-sector procurement.  After a recently announced 4-month delay to its ‘go live’ date, the Procurement Act 2023 is now due…

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Google fined 2.4bn euros for preferring its own comparison shopping service

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CJEU upholds General Court decision in Google Shopping case The Court of Justice of the EU has ruled in Case C-48/22 P | Google and Alphabet v Commission (Google Shopping). It upheld the fine of €2.4 billion that the European Commission had imposed on Google for abusing its dominant position by favouring its own comparison…

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