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Preparing for DORA: ESAs Publish Incident Reporting Requirements

In our latest blog post on preparing for the EU’s Digital Operational Resilience Act (DORA), entering into force on January 17, 2025, we take a look at second-level requirements under  DORA covering the classification and...more

Preparing for DORA: Subcontracting ICT Services – Contract Requirements

Beginning January 17, 2025, financial entities based in the European Union must have in place processes and policies, and mandatory contract provisions with their third-party technology vendors, that comply with the EU...more

The Outlook for Technology, AI, and Privacy Policy in the UK Post–General Election

As the United Kingdom prepares for the upcoming general election on July 4, 2024, attention turns to if there will be a potential change in government. This transition may not only bring changes in fiscal governance, but also...more

Rise of the BOTs: Exploring Build-Operate-Transfer Models for IT and Business Process Services

In this blog post we explore build-operate-transfer (BOT) models in relation to businesses setting up offshore delivery centers, commonly becoming known as Global Capability Centers (GCCs). Morgan Lewis is seeing a rise in...more

Preparing for DORA: Mind the Gap

Starting January 17, 2025, financial entities based in the European Union must have in place processes and policies, as well as mandatory contract provisions with their third-party technology vendors, that comply with the...more

Contract Corner: Ensuring IP Provisions Are Fit for GenAI

A significant number of legacy software solutions are now incorporating generative artificial intelligence (GenAI), and most new software solutions have some form of GenAI capabilities. This is true across the majority of, if...more

Luxembourg’s Financial Services Regulator Enhances ICT Incident Reporting Framework

New ICT incident reporting requirements under Circular 24/847 (Circular) of the Commission de Surveillance du Secteur Financier (CSSF), Luxembourg’s financial regulator, will come into effect on April 1. This introduces a new...more

Outsourcing and Its Risks Are a Top Priority for the European Central Bank’s Supervisory Agenda

The European Central Bank (ECB) has published data showing that banks are increasingly using third-party providers to support their critical functions. However, more than 10% of outsourcing contracts covering critical...more

Technology in the Aviation Sector: Market Trends

Post-pandemic tourism is clearly back, with the air transport industry returning to profitability in 2023. The International Air Transport Association (IATA) reported that the demand for passenger and cargo air transport is...more

Agency Relationships in the United Kingdom and United States

In this blog post, we provide a summary of the different types of agency relationships in the United Kingdom and United States. Agency relationships are legal arrangements where one party—the “agent”—acts on behalf of...more

9/5/2023  /  Agency Relationship , Agents , UK

Take Care to Avoid Ambiguity When Using Template Liability Provisions

It is often appealing for businesses that are under pressure to get contracts signed to turn to template documents. While these templates can be very convenient, it is imperative, especially with regard to liability...more

Global Financial Regulators Turn Their Attention to Social Media ‘Finfluencers’

Financial regulators in the United Kingdom, European Union, and United States are proposing new rules to regulate how financial products are promoted on social media platforms. There is a particular focus on financial...more

Risk Mitigation via Software Code Due Diligence

Morgan Lewis’s technology, outsourcing, and commercial transactions team often advises on transactions where there is some form of intellectual property being transferred from one party to another party. This may be due to a...more

Next Steps After European Union’s Digital Services Act Comes Into Force

The European Union’s Digital Services Act (DSA) came into force on November 16, 2022. The DSA creates comprehensive new obligations for online platforms, introduces protections for users' rights online, and places digital...more

UK Government Outlines Plans to Tackle Big Tech Dominance

On May 6, 2022, the UK government outlined its plans to boost competition and drive economic growth and innovation in a major regulatory reform aimed at big tech. The news comes in the wake of fears that a handful of tech...more

Labor and Employment Law Issues in UK and EU Outsourcing Transactions, Part 2: A Conversation with Lee Harding

Welcome to the conclusion of our two-part Spotlight post with Lee Harding in which we discuss key employment/labor and employment law issues in relation to UK and EU outsourcing transactions. In Part 1, we talked about key...more

Labor and Employment Law Issues in UK and EU Outsourcing Transactions, Part 1: A Conversation with Lee Harding

In this two-part edition of our Spotlight series, we welcome Lee Harding to discuss key labor and employment law issues in relation to outsourcing transactions, predominantly in the United Kingdom and European Union....more

UK Considers How to Tackle Trend of Social Media Influencers Promoting Counterfeit Products

Following the success of the previous blog post “A Brief Overview of the Metaverse and the Legal Challenges It Will Present,” we are introducing a new feature for the Tech & Sourcing blog: “Future Watch.” Our Future Watch...more

Australian Court Overturns AI Inventorship Ruling

In 2021, the Australian Federal Court ruled in a landmark case that a device characterized as an artificial intelligence (AI) machine could for the first time be listed as an inventor on a patent application for the purposes...more

European Union Reaches Agreement on Digital Services Act

The European Commission confirmed on April 23, 2022, that the European Parliament and Council have reached political agreement the Digital Services Act (DSA) first published in December 2020. Morgan Lewis previously reported...more

Kristin Hadgis – Ecommerce and Online Contracting

Welcome to the third post in our Spotlight series, where we talk with a leader in a particular field or emerging area of interest to technology and sourcing lawyers and professionals. Kristin Hadgis is a partner in Morgan...more

Agreed Terms During Negotiations May Be Impliedly ‘Subject to Contract’ Under English Law

A recent judgment by the High Court of England and Wales in the case of Jamp Pharma Corp v. Unichem Laboratories Limited has held that agreements reached as part of contract negotiations for contracts governed by English law...more

Key Considerations for Business Continuity and Disaster Recovery Provisions

Planning for major service disruptions and disasters, such as prolonged power failures, fires, flooding, and other extreme weather events, is an important element of strategic technology and service agreements. ...more

UK’s Financial Conduct Authority Publishes Its New 2021/22 Business Plan

The UK’s Financial Conduct Authority (FCA) published its 2021/22 Business Plan on July 15, setting out its future role, priorities, and how it intends to deliver them. The FCA’s website contains a summary and full copy of the...more

Practical Tips for Amending Complex Commercial Contracts

Changes to complex commercial contracts are inevitable. These contracts, such as large outsourcing agreements, typically include a master services agreement (MSA) and a high number of exhibits and attachments describing the...more

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