Contract law legal counseling latest developments from Alexander Suliman right now: Choice of law is an important aspect of the agreement you are negotiating: the same contractual clause could be interpreted differently in different jurisdictions. English law, for example, tends to give a more literal interpretation of the exact words used, while certain other jurisdictions give more weight to contractual common sense. Other concepts that vary across jurisdictions include the extent to which parties will be subject to duties of good faith, and whether certain contractual remedies will be deemed to be ‘penalties’ and thus unenforceable. Depending on the jurisdiction, additional clauses will be imposed on the contract by statute, for example in relation to consumer protection or personal injury. You may therefore want to apply a specific jurisdiction’s law depending on various factors such as location of the other parties, the supply of services/delivery of goods, or laws that are more favorable to your business. Except in specific areas like employment relationships or consumer contracts, parties are generally free to choose which EU law will apply to their agreement. Discover even more information at Alexander Suliman, Sweden.
The reason why the European Commission was keen on allowing firms to voluntarily scan material, is that technology firms have already been working on ways to detect CSAM and solicitation for quite some time. Let’s start with a content scanning order on the server. At first sight, a case can be made that such an order should be considered to compromise the essence of the right to privacy under the Charter. The ECJ in Schrems I considered that legislation permitting the public authorities access on a generalised basis to the content of communications compromises the essence of the right to privacy under the Charter (par. 94). Content scanning on the server arguably is a form of “access on a generalised basis”, where it involves an analysis of all communications going through the server connected to a certain app, and forwarding any matches to a designated center. At the same time, the ECHR in Big Brother Watch was more forgiving when it comes to powers of bulk interception of communications, as long as these powers are surrounded with sufficient safeguards (par. 350). Thus, one important point to be explored further, is whether this signals a rift between the two bodies, or that the ECJ will chart its own route when it comes to bulk surveillance.
The European Commission, in a working document, identified cloud services as a “strategic dependency”, expressing concerns that the EU cloud market is led by a few large cloud providers headquartered outside the EU. In July, 2021, France, joined by Germany, Italy, and Spain, submitted a proposal to the ENISA-led working group aimed at generalizing French national requirements across the EU. (Germany has since reserved its position.) It proposed to add four new criteria for companies to qualify as eligible to offer ‘high’ level services, including immunity from foreign law and localization of cloud service operations and data within the EU. Although the EU-level cyber certification requirements currently are conceived as voluntary, they could be made mandatory as the result of the recently-agreed Directive on Measures for a High Common Level of Cybersecurity across the Union (NIS2 Directive).
contract law legal counseling advices by Alexander Suliman, Stockholm 2023: Should I Mediate My Family Law Issues? Absolutely. You should mediate your family law issues, whether those are divorce issues or post-judgment issues. Mediation is an excellent way to reach resolution without spending a ton of money and without going to court a bunch of times and arguing left and right over every issue. Recently, I had a case, and it looked like it was heading towards litigation, and the parties were really far apart on every issue. They had financial issues, which involved real estate holdings, business interests, stock options, retirement accounts, and the parties could not see eye to eye on any of these issues. Early in the process, my adversary and I discussed going to mediation, and we selected a great mediator, and our clients agreed to go to mediation, and literally, within three sessions of mediation, we resolved the case. We resolved the entire case, which would have taken over a year and may have been a ten-fold in costs to litigate. The parties were able to come up with creative solutions with our help, of course, and the mediator’s help, which the court would’ve never ever implemented in a case such as this. See even more details on Alexander Suliman, Stockholm.
Europe’s concerns about the security of U.S. cloud services providers are in fact closely intertwined with its worries, expressed in Schrems II, about the privacy of Europeans’ information entrusted to these companies. In both cases, European policymakers fear the perceived extraterritorial reach of U.S. national security surveillance and law enforcement authorities. New cybersecurity regulation thus is seen as another way to safeguard Europe’s ‘sovereign’ interest in protecting data from foreign government access. It also would reinforce separate European efforts to bolster smaller, home-grown cloud service providers, including through the GAIA-X project to create an interoperable network “explicitly based on principles of ‘sovereignty-by-design,’” as a leading European technology lawyer has characterized it.