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The Scottish Courts have given an interesting decision in relation to IT contracts, relating to the allocation of delivery risk between supplier and customer and the importance of doing what it says in the contract.

In David MacBrayne Limited v Atos IT Services (UK) Limited (2018), Atos, a supplier, had entered into an agreement with

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The Government have published a draft Consumer Rights Bill (the "Bill") which aims to reform Irish consumer law and streamline current statutory provisions in this area. The Bill is focused on transactions between traders and consumers. Though the Bill covers wide remit of consumer rights in relation to the supply of goods and services, it is interesting to note that it specifically addresses consumer rights in respect of digital content, extending the existing provisions as introduced pursuant to the European Consumer Rights Directive of 2011.


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Those involved in technology deals express differing views on source code escrow. These views range from resignation that the supplier won’t agree to it to the view that even if we do get it, it will only be available on the provided non-negotiable terms or a fear that even if we could get our hands on the code, we wouldn’t know what to do with it. In our experience, the position is not quite as black and white on any of these points. There is an extra aspect to think about in relation to technology offerings which include software as a service and traditional source code escrow may not always be appropriate here. Public disputes on escrow arrangements are few and far between and that’s why a recent English High Court case is worth a read. The decision in the case, Filmflex Movies Limited and Piksel Limited can be accessed here.

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Audit provisions are a common feature of a wide range of IP and technology agreements. They can be seen by those seeking the audit right as a practical way to monitor key aspects of a commercial deal. Security standards being applied to data, accuracy of billing, compliance with licence restrictions or, in some cases, general

Photo of Davinia Brennan

The Department of Jobs, Enterprise and Innovation have published a Consultation Paper on the implementation of the Consumer Rights Directive (2011/83/EU) (the Directive). The Directive must be transposed into national law by EU Member States by 13 December 2013 and must be applied in Member States from 13 June 2014.

The Directive repeals and replaces the current Directive on Contracts Negotiated Away from Business Premises (85/577/EEC) and the Distance Selling Directive (97/7/EC). The Directive on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees (1999/44/EC), and the Unfair Terms in Consumer Contracts Directive (93/13/EEC), are amended but will remain in force.


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