| 1 | Bribery Act 2010: issues for employment lawyers This note considers the implications of the Bribery Act 2010, which came into force on 1 July 2011, for employment lawyers and what employers need to do to prepare for the change. | Practice note: overview | Maintained |
| 2 | Bribery Act 2010: toolkit A toolkit to assist with Bribery Act 2010 compliance. | Practice note: overview | Maintained |
| 3 | Energy efficiency in products and appliances: overview This note provides an overview of the various measures in place in the EU and UK aimed at increasing energy efficiency in products and appliances. | Practice note: overview | Maintained |
| 4 | Guarantees and indemnities This practice note examines legal and drafting issues relating to guarantees and indemnities where the obligations of a third party are guaranteed and/or indemnified. This practice note considers the legal distinctions between primary obligations (indemnities, performance guarantees, performance bonds) and secondary obligations (guarantees). It provides an overview of relevant contractual issues relating to guarantees and indemnities (the statute of frauds, capacity) as well as legal issues (undue influence, duress, role of directors). It also provides links to our more detailed content on performance bonds, payment guarantees, comfort letters and our standard form guarantees and indemnities. | Practice note: overview | Maintained |
| 5 | Jackson LJ's Review of Civil Litigation Costs: Final Report A detailed note on Lord Justice Jackson's final report following his review of civil litigation costs which was published on 14 January 2010. This note summarises the issues considered by Jackson LJ and sets out his recommendations. It also comments on the potential impact of the recommendations and includes views from a number of leading practitioners. It links to two short notes setting out our views as to when each of the recommendations is likely to take effect generally and for specific litigation. | Practice note: overview | 27-Jan-2010 |
| 6 | Main issues in outsourcing contracts A summary of the key legal and commercial considerations and negotiating issues arising in relation to IT outsourcing agreements. | Practice note: overview | Maintained |
| 7 | Main issues in software licensing and maintenance contracts This note contains a brief summary of the nature of computer software and its treatment under UK law, and then discusses in detail the main issues to be considered by suppliers and customers when negotiating and drafting software licences and software maintenance contracts. | Practice note: overview | Maintained |
| 8 | Main issues in systems integration contracts A summary of the key legal and commercial considerations and negotiating issues arising in relation to systems integration agreements including issues relating to software development. | Practice note: overview | Maintained |
| 9 | Open-source software toolkit A toolkit of resources to assist in understanding the nature of open-source software licensing and managing its use within an organisation. | Practice note: overview | Maintained |
| 10 | Outsourcing: overview This note considers the issues that arise in relation to outsourcing, both from a customer and a supplier's perspective, including a review of the outsourcing process and the contractual arrangements involved, and discussion of issues relevant to different types of outsourcing, including IT, telecommunications, financial services and business process outsourcing, offshore and multi-jurisdictional outsourcing, outsourcing in the public sector and website hosting. | Practice note: overview | Maintained |
| 11 | Software and business method patents A note examining the patentability of software and business methods in the UK, Europe and the US. | Practice note: overview | Maintained |
| 12 | Software as a service (SaaS) An article by Bird & Bird which examines the nature and structure of "software as a service" arrangements and considers the key commercial and contractual issues they present for suppliers and customers. | Practice note: overview | 13-Mar-2009 |
| 13 | The Foreign Corrupt Practices Act: Overview This Note discusses the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA) and outlines how companies can avoid enforcement actions under the law. | Practice note: overview | Maintained |
| 14 | US Privacy and Data Security Law: Overview This Note provides an overview of prominent US privacy and data security laws relating to the collection, use, processing and disclosure of personal information. It summarizes key federal privacy and data security laws, certain state laws, with a focus on California and Massachusetts and the Mobile Marketing Association and Payment Card Industry Data Security Standard, two key industry-specific privacy and data security guidelines and requirements. | Practice note: overview | Maintained |
| 15 | Anti-corruption regimes in the UK and US: a comparison of the ... This note outlines the UK Bribery Act 2010 and the US Foreign Corrupt Practices Act 1977 (FCPA) and the anti-corruption regimes in which they operate. It focuses particularly on the practical implications of the differences between these two important pieces of legislation. | Practice notes | Maintained |
| 16 | Are you looking for EU law content on this topic? A practice note explaining where to find EU law content from a topic page. | Practice notes | Maintained |
| 17 | Bribery Act 2010 anti-corruption policies This note addresses the issues to consider in creating an anti-corruption policy with particular emphasis on the Bribery Act 2010, the new offence of failing to prevent bribery under section 7 of that Act and the adequate procedures defence to that offence. | Practice notes | Maintained |
| 18 | Bribery Act 2010: acquisitions and joint ventures This note addresses the issues relating to corruption to consider when acquiring a business or shares in a target company or entering into a joint venture, particularly in light of the Bribery Act 2010. | Practice notes | Maintained |
| 19 | Bribery Act 2010: corporate criminal liability This note considers how criminal liability for offences under the Bribery Act 2010 may attach to companies. | Practice notes | Maintained |
| 20 | Bribery Act 2010: corporate hospitality, gifts and expenses This note looks at how promotional expenses, such as corporate hospitality and gifts, may be dealt with under the Bribery Act 2010. | Practice notes | Maintained |
| 21 | Bribery Act 2010: enforcement: prosecutorial discretion This note explains what principles the Serious Fraud Office (SFO) must apply when making decisions about how to deal with cases of suspected criminal activity. In particular, the note examines the various guidelines the SFO must apply, particularly with regard to the Bribery Act 2010. | Practice notes | Maintained |
| 22 | Bribery Act 2010: facilitation payments This note looks at facilitation payments, examining in particular what they are, why the lack of an exemption in the Bribery Act has been controversial, how the SFO plans to enforce the Bribery Act in relation to them and what can be done to prevent them being made. Information is also given on the position the OECD and other countries have taken towards facilitation payments. | Practice notes | Maintained |
| 23 | Bribery Act 2010: jurisdictional reach A note examining the jurisdictional reach of the Bribery Act 2010. | Practice notes | Maintained |
| 24 | Cloud computing An analysis of the key legal and commercial considerations arising in relation to cloud computing and related agreements. | Practice notes | Maintained |
| 25 | Cloud Computing and HIPAA Privacy and Security This Note addresses the legal and contractual considerations relating to privacy and security under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in the context of cloud computing. The Note includes specific contract provisions that should be considered when negotiating or evaluating a contract with a cloud provider. | Practice notes | Maintained |
| 26 | Communications outsourcing This note looks at the issues relating to communications outsourcing transactions, including structuring; different types of services; pricing; service levels and service credits; acceptable use; tax and regulatory issues; and other relevant considerations. | Practice notes | Maintained |
| 27 | Communications Outsourcing This Note looks at the issues relating to communications outsourcing transactions. These include structuring, types of services, security, pricing, service levels and service credits, fault response and resolution, reporting and maintenance, acceptable use, intellectual property rights, limitations and exclusions of liability, suspension and termination, change control, insolvency risk, tax and regulatory issues, export, audit and compliance, and other relevant considerations. | Practice notes | Maintained |
| 28 | Companies Act 2006: implications for IP&IT This note discusses the changes made to the law by the Companies Act 2006 that have implications for intellectual property and information technology. The majority of the relevant changes came into force on 1 October 2009. However, sections of the Act providing for a new right for any person to object to an adjudicator if a company's name is the same as a name associated with the objector in which he has goodwill, or sufficiently similar to such a name that it would be likely to mislead came into force on 1 October 2008. | Practice notes | Maintained |
| 29 | Connecting Europe Package: Connecting Europe Facility ... A practice note charting developments relating to the Regulation establishing the Connecting Europe Facility in chronological order. | Practice notes | Maintained |
| 30 | Connecting Europe Package: legislation trackers A practice note linking to the individual trackers on the proposals within the Connecting Europe Package. | Practice notes | Maintained |
| 31 | Connecting Europe Package: trans-European ... A practice note charting developments relating to the Regulation on guidelines for trans-European telecommunications networks in chronological order. | Practice notes | Maintained |
| 32 | Cookies: UK issues A practice note outlining issues that providers should consider before placing cookies on the terminal equipment of internet users. | Practice notes | Maintained |
| 33 | Cyber Attacks: Prevention and Proactive Responses This Note discusses common cyber attack scenarios and sets out actions that companies can take to prevent or respond to attacks, including developing a cyber attack response plan. It also addresses the chief compliance officer's role in preventing and containing attacks and law enforcement referrals, and civil and criminal actions companies can pursue against attackers. | Practice notes | Maintained |
| 34 | Data protection in outsourcing transactions: the UK ... This article is part of the PLC multi-jurisdictional guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/outsourcinghandbook. This article outlines some key issues companies should consider regarding the processing of personal information in UK outsourcing transactions. In particular, it explains: The principles of the Data Protection 1998 Act concerning the processing of personal data, the key rights that the Data Protection Act gives to data subjects, the consequences for companies of breaching the Data Protection Act and the key issues that arise in outsourcing transactions as a result of the Data Protection Act's requirements. | Practice notes | 01-Feb-2011 |
| 35 | Due diligence in outsourcing A discussion of the due diligence needed in connection with outsourcing. | Practice notes | Maintained |
| 36 | Due Diligence in Outsourcing Transactions This Note discusses the due diligence needed in connection with an outsourcing arrangement. This includes due diligence of the customer's business, due diligence of potential suppliers, request for proposals (RFP), risk assessment; data rooms, access to personnel and assets, services and service levels, human resources, intellectual property, premises, information technology (IT) and communications, third-party contracts, outsourcing agreements, transition services, regulatory considerations, financial reporting, financial services outsourcing, and offshore and multi-jurisdictional transactions. | Practice notes | Maintained |
| 37 | Electronic Identification Regulation: legislation tracker A practice note charting developments relating to the proposed Electronic Identification Regulation in chronological order. | Practice notes | Maintained |
| 38 | Employee E-mail and Online Risk: Business Briefing A template briefing for an in house lawyer to give all nonunionized employees regarding work-related e-mail and online risk. Employers with unionized employees, who are covered by collective bargaining agreements, must consider additional factors that are outside the scope of this briefing (see Practice Note, Employee Handbooks: Best Practices: Collective Bargaining Obligations). Click here to download in Microsoft Word. | Practice notes | Maintained |
| 39 | EU Batteries Directive 2006 This note provides a summary of the Batteries Directive 2006 (Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC). For details of how the Batteries Directive has been implemented in the UK, see Practice note, EU Batteries Directive: implementation in the UK. | Practice notes | Maintained |
| 40 | EU Energy Labelling Directive 2010 This note provides a summary of the: Energy Labelling Directive 2010 (Directive 2010/30/EU on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (recast)), and how this has been implemented into UK law. Voluntary energy labelling schemes, including the EU eco-label and the Energy Star Programme. | Practice notes | Maintained |
| 41 | EU regulatory framework for electronic communications ... This practice note provides a summary of the regulatory framework for electronic communications in the EU. | Practice notes | Maintained |
| 42 | Framework agreements This note is about the effective use of framework agreements in both the private and public sectors. | Practice notes | Maintained |
| 43 | General Counsel briefing: Open-source software governance A briefing note aimed at general in-house counsel which explains the significance of open-source software governance for an organisation, describes the risks and advantages that it presents, and sets out ways of avoiding the potential pitfalls associated with it. | Practice notes | Maintained |
| 44 | Implementation of Jackson LJ's recommendations (specific ... This note tracks implementation of each of Lord Justice Jackson's recommendations for reform of civil litigation costs (including those not formally presented as recommendations) in specific types of litigation. The note links to a separate note dealing with all other recommendations. | Practice notes | Maintained |
| 45 | IR35 A note examining the scheme and impact of the IR35 legislation, which was introduced to crack down on a particular form of perceived tax avoidance whereby individuals would seek to avoid paying employee income tax and national insurance contributions by supplying their services through an intermediary and paying themselves in dividends. | Practice notes | Maintained |
| 46 | Issues in IT contracts litigation This note sets out some of the legal issues which most frequently arise between parties to IT contracts, including in relation to implied terms, termination for breach, entire agreement clauses, exclusion and limitation clauses, and the Unfair Contract Terms Act 1977. | Practice notes | Maintained |
| 47 | IT Outsourcing This Note looks at the issues relating to different types of information technology (IT) and information communications technology (ICT) outsourcing transactions. These include issues relating to data center and hosting services, desktop services, helpdesk services, applications development, applications maintenance and support, voice and data network services, disaster recovery, and managed services. | Practice notes | Maintained |
| 48 | IT Outsourcing Agreements This Note summarizes the key legal and commercial considerations and negotiating issues arising in relation to IT outsourcing agreements. These include the scope, purpose and context of outsourcings, transfers of intellectual property (IP), length of contract, scope and quality of services, pricing, service credits, indemnities, warranties, exclusivity, management, dispute escalation and resolution, limitation of liability, termination, and exit management. | Practice notes | Maintained |
| 49 | Legal protection of software This note considers the nature of computer software and the legal protection available for it under UK law. It focuses on the application of the law of copyright to software, but also briefly considers other intellectual property rights which might be relevant. | Practice notes | Maintained |
| 50 | Managed service companies A note examining the legal and taxation framework surrounding the use of managed service companies (MSCs). The note also considers the differences between MSCs and personal service companies. | Practice notes | Maintained |
| 51 | Managing communications and documents This note considers the legal, regulatory and reputational risks arising from communications and all forms of document management, including: Monitoring and review. Storage and disposal of documents. Document retention periods. | Practice notes | 05-Apr-2012 |
| 52 | Mobile App Development and Distribution A Practice Note discussing the issues involved in developing and distributing mobile applications (apps). In particular, this Note provides an overview of mobile apps, including the types of apps, the devices for which they are programmed and major platforms and distribution channels. It also discusses the app store framework, which is the most common channel for distributing downloadable mobile apps, and the legal issues to consider when developing mobile apps, including intellectual property, privacy and advertising. | Practice notes | Maintained |
| 53 | Multi-jurisdictional Outsourcing This Note considers some of the key issues that arise in relation to a multi-jurisdictional outsourcing. These issues include structure, choice of law and jurisdiction, tax-efficient structures, multiple suppliers, use of subcontractors, parent company guarantees, partnering agreements, EC merger regulations, procurement process, global transfer and service issues, local transfer and service issues, transfer of employees, and structure of agreements | Practice notes | Maintained |
| 54 | Offshore Outsourcing This Note sets out the commercial, legal and regulatory issues that companies looking to offshore aspects of their business must address. | Practice notes | Maintained |
| 55 | Offshore outsourcing This Practice note sets out the commercial, legal and regulatory issues that companies looking to offshore aspects of their business need to address. | Practice notes | Maintained |
| 56 | OGC model ICT agreement: open source software A practice note considering the key areas that will need to be considered when the OGC Model ICT Service Agreement is used for a project involving open source software. | Practice notes | Maintained |
| 57 | Open source software in the UK public sector A practice note on open source software (OSS) and the legal and practical implications of its use by public authorities. The note considers: The reasons for using OSS. The government's policy on doing so. The risks inherent in using OSS. Guidance on the public procurement implications. | Practice notes | Maintained |
| 58 | Open-source Software This Note sets out the origins of open-source software, the ways in which it is licensed and the legal challenges that it presents. It also gives guidance on how best to use it as a part of an organization's IT strategy. | Practice notes | Maintained |
| 59 | Open-source software This note sets out the origins of open-source software, the ways in which it is licensed and the legal challenges that it presents. It also gives guidance on how best to use it as part of an organisation's IT strategy. | Practice notes | Maintained |
| 60 | Open-source software governance A practice note which sets out the issues an organisation will need to consider and the steps it should take in order to effectively govern its use of open-source software, both internally and within the product development process. | Practice notes | Maintained |
| 61 | Open-source Software: Use and Compliance This Note discusses key issues and sets out practical tips for companies to consider to effectively govern its use of open-source software, both internally and when developing products. | Practice notes | Maintained |
| 62 | Personal Data Protection Reform Package: legislation tracker A practice note charting developments relating to the Personal Data Protection Reform Package in chronological order. | Practice notes | Maintained |
| 63 | Personal data security breach management in the public ... This practice note considers UK data protection laws and guidance on personal data security breach management in the public sector. | Practice notes | Maintained |
| 64 | Public procurement of ICT This note covers the procurement (including outsourcing) of telecommunications and information goods and services by the public sector. The note explains the practical and policy boundaries and regulatory regime for these procurements, examines the use of framework agreements by the public sector, analyses the standard contract documentation developed for the public sector by the Office of Government Commerce and others, and addresses the key contentious issues which arise when the public sector engages with the private sector. NOTE: this practice note is in the process of being rewritten by Richard Bonnar and PLC Public Sector and a revised version will be published during the course of 2013. | Practice notes | 14-Feb-2011 |
| 65 | Service Levels and Service Credit Schemes in Outsourcing This Note analyzes how service levels may be set and used in outsourcing transactions and the service credit schemes that may be employed to encourage good performance under an outsourcing contract. | Practice notes | Maintained |
| 66 | Service levels and service credit schemes in outsourcing This practice note analyses how service levels may be set and used in outsourcing transactions and the service credit schemes that may be employed to encourage good performance under an outsourcing contract. | Practice notes | Maintained |
| 67 | Software business acquisition: competition and regulatory ... This note summarises some of the key competition law and regulatory issues to be addressed whilst undertaking a due diligence exercise on a software business. | Practice notes | Maintained |
| 68 | Software business acquisition: due diligence issues This note sets out some of the key issues to be addressed during due diligence on the acquisition or disposal of a software business. For information on general due diligence, see Practice note, Due diligence and post-completion integration: acquisitions. | Practice notes | Maintained |
| 69 | Software License Disputes: Managing the Inherent Risks This Note discusses key issues and sets out practical tips for licensees and licensors to help anticipate and manage the risk of disputes that commonly arise in software license arrangements. | Practice notes | Maintained |
| 70 | Software Source Code Escrow Agreements This Note identifies the key terms and conditions commonly found in software escrow agreements and offers practical tips for structuring and negotiating the deposit, release and use of escrowed source code when representing licensors, licensees and other escrow depositors and beneficiaries. | Practice notes | Maintained |
| 71 | Special issues in IT outsourcing This note looks at the issues relating to different types of IT and ICT outsourcing transactions, including in relation to data centre and hosting services, desktop services, applications development, applications maintenance and support, voice and data network services, disaster recovery, and managed services. | Practice notes | Maintained |
| 72 | Subcontracting in major technology services deals: the ... This practice note considers (from the perspective of the prime contractor) the best practice on how to contract with a key subcontractor and, once the contract has been entered into, how to manage the relationship once the subcontract has been entered into. | Practice notes | Maintained |
| 73 | Subsequent-generation Outsourcing This Note looks at the issues that the parties involved in a second or subsequent-generation outsourcing transaction need to consider, including the re-tendering exercise, the outsourcing agreement, and transfer of services from one supplier to another. | Practice notes | Maintained |
| 74 | Transferring IT systems How to deal with computer systems and other information technology issues in an asset purchase. | Practice notes | Maintained |
| 75 | TUPE (2): service provision changes and outsourcing This note considers the employment law issues that should be considered in relation to an outsourcing and considers cases decided under the service provision change provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006. | Practice notes | Maintained |
| 76 | What's Market: M&A Agreements in the Software Industry A discussion of key provisions in M&A agreements in the software industry in private acquisitions and public mergers. This Note includes links to recent deals summarized in PLC What's Market and will be updated quarterly. It also includes an expert Q&A with Parag Gheewala of Wilson Sonsini Goodrich & Rosati, discussing key considerations that often arise in M&A transactions in the software industry. | Practice notes | 31-Mar-2013 |
| 77 | When does an arbitration agreement bind a third party in ... Arbitration depends on the consent of both parties, expressed in the arbitration agreement. However, there are circumstances in which third parties, who were not parties to the original agreement, may either be bound by, or take the benefit of, an arbitration agreement. This note considers the situations in which a third party may invoke, or be bound by, an arbitration agreement as a matter of English law, including assignment, novation and statutory provisions. | Practice notes | Maintained |