New Classicism? Freedom of Contract, Risk Distribution and Recent Trends in the Drafting of IT Contracts

“Freedom of contract has fallen, but I cannot believe that it has fallen that far” remarked HHJ Bowsher in Grovedeck Ltd v Capital Demilition Ltd. Although his remark was expressed in a different context, Adrian Hughes and James Bowling take the view that freedom of contract is on the march again in the approach of the courts to clauses allocating risk in IT contracts…

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Transferring data through model contracts: original clauses v alternative clauses

The regulatory limitations affecting international transfers of personal data have been a controversial issue since the early nineties. Even before the deadline for implementation of the 1995 Data Protection Directive kicked in, businesses across the European Union struggled to find a way to accommodate their normal data sharing and communication practices to the impending legislation….

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