Model Contracts are standard contractual clauses for the transfer of personal data outside the EU/EEA which have been approved by the European Commission.  They have been approved on the basis that they provide sufficient safeguards for privacy, fundamental rights and the exercise of those rights.  To date two sets of standard contractual clauses for the transfer of personal data outside the EU/EEA from data controllers to data controllers and one set for transfers from data controllers to data processors have been approved by the Commission.Continue Reading Transfer Tools Post Schrems: EU Data Protection Authorities’ Common Position on Model Contacts

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 compliance with the agreed contract are often the subject of audit rights.

The general compliance audit right seems useful on the face of it. But a recent English High Court decision illustrates that a broad audit clause can raise more questions than it answers.

The
Continue Reading Audit Clauses in IT Contracts: The Broader the Better?